A. The Department of Environmental Quality may establish and implement a voluntary redevelopment program for brownfields. In administering the Oklahoma Brownfields Voluntary Redevelopment Act, the Department shall:

1. Approve site-specific work plans for site characterization;

2. Approve site-specific remediation plans for each site as necessary, using a risk-based system;

3. Review and inspect site characterization and remediation activities and reports;

4. Use risk-based remediation procedures as determined by the agency to establish cleanup levels;

5. Evaluate engineering and institutional controls for function and performance;

6. Develop and implement rules and procedures for the review and processing of Brownfields Voluntary Redevelopment project applications for obtaining funds allocated to the state from the Federal Clean Water Act and other state and federal funds available for Brownfields Voluntary Redevelopment projects; and

7. Audit completed projects to ensure compliance with use restrictions.

B. Any brownfields program established pursuant to the Oklahoma Brownfields Voluntary Redevelopment Act shall be a voluntary program.

C. No state governmental entity regulating any person or institution shall require evidence of participation in the Oklahoma Brownfields Voluntary Redevelopment Act.

D. The provisions of the Oklahoma Brownfields Voluntary Redevelopment Act shall not apply to any person who is:

1. Responsible for taking corrective action on the real property pursuant to orders or agreements issued by the federal Environmental Protection Agency;

2. Not in substantial compliance with a final agency order or any final order or judgment of a court of record secured by any state or federal agency relating to the generation, storage, transportation, treatment, recycling or disposal of regulated substances; or

3. Has a demonstrated pattern of uncorrected noncompliance.

E. 1. The Environmental Quality Board shall promulgate rules necessary to implement the Oklahoma Brownfields Voluntary Redevelopment Act.

2. The Department is specifically authorized to promulgate emergency rules necessary pursuant to the Administrative Procedures Act to implement the provisions of the Oklahoma Brownfields Voluntary Redevelopment Act.

3. Such rules shall include but not be limited to provision for work plans, consent orders, notice and public participation opportunities, brownfield remediation plans and no action necessary determinations issued by the Department.

Added by Laws 1996, c. 356, § 4, emerg. eff. June 14, 1996. Amended by Laws 1999, c. 381, § 1, emerg. eff. June 8, 1999; Laws 2009, c. 48, § 4, eff. July 1, 2009.