Okla. Stat. tit. 27A, § 27A-2-15-104: Redevelopment program - Administration - Voluntary

nature of program - Regulatory entities not to require evidence of

participation - Ineligible persons - Rules.

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.