Okla. Stat. tit. 27A, § 27A-2-15-103: Definitions

For purposes of the Oklahoma Brownfields Voluntary Redevelopment

Act:

1. "Participant" means any person who or entity which:

a. has acquired the ownership, operation, management, or

control of a site through foreclosure or under the

terms of a bona fide security interest in a mortgage

or lien on, or an extension of credit for, a

brownfields site and which forecloses on or receives

an assignment or deed in lieu of foreclosure or other

indicia of ownership and thereby becomes the owner of

a brownfield,

b. possesses a written expression of an interest to

purchase a brownfield and the ability to implement a

brownfield redevelopment proposal,

c. is the legal owner in fee simple of a brownfield,

d. is a tenant on or lessee of the brownfield site, or

e. is undertaking the remediation of a brownfield site;

2. "Brownfield" means an abandoned, idled or underused

industrial or commercial facility or other real property at which

expansion or redevelopment of the real property is complicated by

pollution;

3. "Certificate of Completion" means a document issued by the

Department of Environmental Quality pursuant to Section 2-15-106 of

this title upon a determination that a participant has successfully

completed agency-approved risk-based remediation. A Certificate of

Completion is not a permit as defined in Section 2-14-103 of this

title;

4. "Certificate of No Action Necessary" means a document issued

by the Department of Environmental Quality pursuant to Section 2-15-

106 of this title upon a determination that no remediation is deemed

necessary for the expansion or redevelopment of the property for a

planned use. A Certificate of No Action Necessary is not a permit

as defined in Section 2-14-103 of this title;

5. "Consent order" means an order entered into by the

Department of Environmental Quality and one or more participants,

binding the parties to specified authorizations, activities, duties,

obligations, responsibilities and other requirements;

6. "Demonstrated pattern of uncorrected noncompliance" means a

history of noncompliance by the participant with state or federal

environmental laws or rules or regulations promulgated thereto, as

evidenced by past operations clearly indicating a reckless disregard

for the protection of human health and safety, or the environment;

7. "Land use disclosure" means the Certificate of Completion or

the Certificate of No Action Necessary, issued by the Department of

Environmental Quality, which is required to be filed in the office

of the county clerk of the county wherein the site is situated

pursuant to Section 2-15-107 of this title. The land use disclosure

shall include those items required in Section 2-7-123 of this title;

8. “Pollution” means the same as the term is defined in Section

2-1-102 of this title;

9. "Remediation" means activities necessary to clean up,

mitigate, correct, abate, minimize, eliminate, control and contain

pollution in compliance with a consent order from the Department of

Environmental Quality;

10. "Risk-based remediation" means site assessment or site

remediation, the timing, type, and degree of which are determined

according to case-by-case consideration of actual or potential risk

to human health and safety, or the environment from pollution of a

brownfield site; and

11. “Site characterization” means the collection of sampling

and non-sampling data to adequately delineate environmental

contamination on property and support the risk evaluation and

decision-making by the Department of Environmental Quality.