Okla. Stat. tit. 27A, § 27A-2-7-123

related action taken - Interference with remediation – Good

Samaritan protections and immunities.

A. Upon issuance of any permit issued pursuant to the

requirements of the Oklahoma Hazardous Waste Management Act, the

Department of Environmental Quality shall file or cause to be filed

a recordable notice of the permit in the land records of the county

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 190

in which the site is located. The notice shall contain the legal

description of the site as well as the terms under which the permit

was issued.

B. The Department shall file or cause to be filed a recordable

notice of remediation or related action taken pursuant to the

federal Comprehensive Environmental Response, Compensation and

Liability Act in the land records of the county in which the site is

located. The notice shall contain a legal description of the

affected property and shall identify all engineering controls used

to ensure the effectiveness of the remediation.

C. The Department shall file or cause to be filed a recordable

notice of remediation or related action in the county where the

property is located when remediation of contaminated property to

risk-based standards is performed pursuant to this subsection or

subsection F of this section under an order of or a remediation plan

approved by the Department. The notice shall contain a legal

description of the affected property and shall identify all

engineering or other controls used to ensure the effectiveness of

the remediation.

D. The notices required in subsections B and C of this section

shall also contain a prohibition against engaging in any activities

that cause or could cause damage to the remediation or the

engineering controls, or recontamination of the soil or groundwater.

The notices shall also contain any appropriate restrictions on land

use or other activities that are incompatible with the cleanup

level, including, but not limited to, restrictions against

increasing the amount or extent of contamination or using

groundwater for drinking or irrigation purposes or redeveloping the

land for residential use. Any person who damages or interferes with

the remediation, the engineering controls, or continuing operation,

maintenance or monitoring of the site or who increases the amount or

extent of contamination is liable to repair the damage, remedy the

interference, or remediate the contamination, or for costs incurred

by the Department in doing so. The Department may take

administrative or civil action to recover costs or to compel

compliance with this subsection, including but not limited to

administrative penalties pursuant to the Oklahoma Hazardous Waste

Management Act.

E. Any notice filed pursuant to this section shall run with the

land. It may not be extinguished, limited, or impaired by

application of the provisions of Sections 71 through 85 of Title 16

of the Oklahoma Statutes or the Uniform Unclaimed Property Act.

F. An eligible person may be entitled to protections and

immunities as a voluntary "Good Samaritan" as provided in this

subsection after meeting all eligibility requirements and compliance

with an order or a detailed written plan of the proposed voluntary

reclamation project or water pollution abatement project. The

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person seeking "Good Samaritan" status under this subsection shall

submit a plan to be approved by the Department and to be implemented

at a historical or orphaned mining site or other approved site

within the State of Oklahoma. The approved plan must demonstrate

that the activities conducted under the plan will accelerate a

partial or complete CERCLA-like cleanup and will result in

environmental improvement.

1. The activities of an eligible person volunteering to conduct

a project under this subsection shall not duplicate or interfere
ical or orphaned mining site or other approved site

within the State of Oklahoma. The approved plan must demonstrate

that the activities conducted under the plan will accelerate a

partial or complete CERCLA-like cleanup and will result in

environmental improvement.

1. The activities of an eligible person volunteering to conduct

a project under this subsection shall not duplicate or interfere

with remedial actions being taken or overseen by a responsible party

or a state or federal agency at the site.

2. The Department may require evidence of the Good Samaritan's

financial ability to complete the proposed project.

3. No eligible person shall be liable for costs or damages or

be subject to administrative or civil liabilities or penalties as a

result of actions taken or omitted in the course of rendering

voluntary care, assistance or advice while conducting a project

under this section if the project is implemented and completed in

accordance with the approved plan.

4. The immunities provided in this subsection shall not apply

to any person:

a. whose act or omission caused in whole or in part such

actual or threatened pollution or who would otherwise

be liable therefor under state or federal law,

b. who receives compensation other than reimbursement for

out-of-pocket expenses for services in rendering such

assistance or advice,

c. whose act or omission constitutes gross negligence or

reckless, wanton or intentional misconduct, or

d. who discharges pollutants without a required National

Pollutant Discharge Elimination System (NPDES) permit

except at a historical or orphaned mining site or

other site approved by the Department's Executive

Director prior to commencement of work on the project.