A. The Department of Environmental Quality is not authorized to hold any public meeting or hearing to require information, make any determination, or in any manner consider the zoning or rezoning for any proposed redevelopment of a site. The Department shall assume that any proposed redevelopment of the site meets or will meet any zoning requirements.

B. The Department may reject or return a proposal if:

1. A federal requirement precludes the eligibility of the site;

2. The proposal is not complete and accurate; or

3. The participant is ineligible under the provisions of the Oklahoma Brownfields Voluntary Redevelopment Act or any rules promulgated pursuant thereto.

C. The Department may enter into a consent order with the participant for characterization and remediation of a site if the Department concludes that the remediation will:

1. Attain a degree of control of pollution pursuant to the Oklahoma Brownfields Voluntary Redevelopment Act, other applicable Department rules and standards, and all applicable state and federal laws as determined by the Department; and

2. For constituents not governed by paragraph 1 of this subsection, reduce concentrations such that the property does not present an unreasonable risk, as determined by the Department, to human health and safety or to the environment based upon the property's proposed use.

D. The Department may make a no action necessary determination if the proposal as required by the Oklahoma Brownfields Voluntary Redevelopment Act indicates the existence of pollution which, given the proposed use of the property, does not pose an unreasonable risk to human health and safety or to the environment as determined by the Department.

E. The consent order and the no action determination apply only to conditions caused by pollution on the property, to applicable state or federal laws and to applicable rules and standards promulgated by the Environmental Quality Board that existed at the time of submission of the proposal.

F. If a proposal is disapproved by the Department, the Department shall promptly provide the participant with a formal written statement of the reasons for such denial.

G. 1. If the Department determines that the participant has successfully completed the requirements specified by the consent order, the Department shall certify the completion by issuing to the participant a Certificate of Completion. The certificate shall list the use specified in the consent order for the site and shall comply with Section 2-7-123 of this title. The certificate shall also include provisions stating that:

a.the Department shall not pursue administrative penalties and civil actions against the participant, lenders, lessees, and successors and assigns associated with actions taken to remediate pollution which is the subject of the consent order,

b.the participant and all lenders, lessees, and successors and assigns shall not be subject to civil liability with regard to the remedial actions taken by the participant for pollution, as required by the consent order if the remedial action is not performed in a reckless or negligent manner,

c.no person responsible for pollution who has not participated in the voluntary remediation process shall be released from any liability, and

d.the Certificate of Completion shall remain effective as long as the property is in substantial compliance with the consent order, Certificate of Completion and any institutional controls placed on the property.

2. If the Department determines that no remediation action is deemed necessary for the site, the Department shall issue the participant a Certificate of No Action Necessary. The certificate shall list the use specified in the proposal for the site. The certificate shall also include provisions stating that:

a.the Department shall not pursue any administrative penalties or civil actions against the participant, lenders, lessees, and successors and assigns associated with the determination that no action is necessary to remediate the pollution which is the subject of the certificate,

b.the participant and all lenders, lessees, and successors and assigns shall not be subject to civil liability with regard to the determination that no action is necessary to remediate the site,

c.no person responsible for pollution who has not participated in the proposal process for a no action necessary determination shall be released from any liability,

d.the Certificate of No Action Necessary shall remain effective as long as the site is in substantial compliance with the certificate and any institutional controls placed on the property as determined by the Department, and

e.the issuance of the Certificate of No Action Necessary shall not be construed or relied upon in any manner as a determination by the Department that the brownfield has not been or is not environmentally polluted.

H. The Department shall keep and maintain a copy of the proposal, work plan, consent order, any other correspondence, record, authorization, and report received by the Department, and an official copy of the Certificate of Completion or the Certificate of No Action Necessary pursuant to the provisions of the Oklahoma Brownfields Voluntary Redevelopment Act relating to the site in an accessible location.

I. Chapter 10A of Title 67 of the Oklahoma Statutes shall not apply to any records or copies required to be kept and maintained pursuant to this section.

Added by Laws 1996, c. 356, § 6, emerg. eff. June 14, 1996. Amended by Laws 2004, c. 141, § 6, eff. Nov. 1, 2004; Laws 2009, c. 48, § 6, eff. July 1, 2009.

NOTE: Laws 2004, c. 111, § 6 repealed by Laws 2005, c. 1, § 30, emerg. eff. March 15, 2005.