Okla. Stat. tit. 27A, § 27A-2-15-106

- Rejection or return of applications - Consent orders - No action

necessary determinations - Applicability of orders or determinations

- Written statement of reasons for disapproval - Certificates of

Completion or No Action Necessary - Records - Archives and records

law inapplicable.

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.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 321

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

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 322

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.
n who has not

participated in the voluntary remediation process

shall be released from any liability, and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 322

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.