Okla. Stat. tit. 27A, § 27A-2-15-108: Release of liability from administrative penalties

or civil actions.

A. 1. The Department of Environmental Quality shall not assess

against a participant administrative penalties or pursue civil

actions associated with the pollution which is the subject of the

consent order or no action necessary determination if:

a. the participant is in compliance with the consent

order during remediation or with the Certificate of No

Action Necessary, and

b. the participant is in compliance with any post-

certification conditions or requirements specified in

the consent order.

2. After issuance of the Certificate of Completion or

Certificate of No Action Necessary, the Department shall not assess

administrative penalties or pursue civil actions regarding the

pollution which is the subject of the consent order or no action

necessary determination against any lender, lessee, or successor or

assign if the lender, lessee, or successor or assign is in

compliance with any post-certification conditions or requirements as

specified in the consent order or Certificate of No Action

Necessary.

B. 1. Failure of the participant and any lenders, lessees, or

successors or assigns to materially comply with the consent order

entered into pursuant to the Oklahoma Brownfields Voluntary

Redevelopment Act shall render the consent order or the Certificate

of Completion or the Certificate of No Action Necessary voidable.

2. Submission of any false or materially misleading information

by the participant knowing such information to be false or

misleading shall render the consent order, Certificate of

Completion, or Certificate of No Action Necessary voidable.

C. 1. A participant to whom a Certificate of Completion or a

Certificate of No Action Necessary has been issued pursuant to the

Oklahoma Brownfields Voluntary Redevelopment Act and such

participant’s lenders, lessees, or successors or assigns or any

other person, this state or a local political subdivision thereof or

any other legal entity acquiring, in good faith, the property which

was subject to the Oklahoma Brownfields Voluntary Redevelopment Act

shall not be subject to civil liability regarding the pollution

which was the subject of the consent order or certificate if the

participant is in compliance with any post-certification conditions

or requirements specified in the consent order or certificate.

2. Except as otherwise provided in this subsection, nothing in

the Oklahoma Brownfields Voluntary Redevelopment Act shall be

construed to limit or negate any other rights of any person from

pursuing or receiving legal or equitable relief from the participant

or any other person or legal entity causing or contributing to the

pollution.

3. In those cases where a participant conducts a voluntary

remediation in conjunction with a party responsible for the

pollution, the responsible party shall also be released from

liability to the same extent as the participant.

D. The release of liability from administrative penalties and

any civil actions authorized by the Oklahoma Brownfields Voluntary

Redevelopment Act shall not apply to:

1. Any pollution and consequences thereof that the participant

causes or has caused outside the scope of the consent order or the

certificate issued by the Department;

2. Any pollution caused or resulting from any subsequent

redevelopment of the property;

3. Existing pollution not addressed prior to issuance of the

Certificate of Completion or the Certificate of No Action Necessary;

or

4. Any person responsible for pollution who has not

participated in the voluntary remediation.