{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-15-106","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-15-106","heading":"Public meetings or hearings not authorized - Zoning","body":"- Rejection or return of applications - Consent orders - No action\n\nnecessary determinations - Applicability of orders or determinations\n\n- Written statement of reasons for disapproval - Certificates of\n\nCompletion or No Action Necessary - Records - Archives and records\n\nlaw inapplicable.\n\nA. The Department of Environmental Quality is not authorized to\n\nhold any public meeting or hearing to require information, make any\n\ndetermination, or in any manner consider the zoning or rezoning for\n\nany proposed redevelopment of a site. The Department shall assume\n\nthat any proposed redevelopment of the site meets or will meet any\n\nzoning requirements.\n\nB. The Department may reject or return a proposal if:\n\n1. A federal requirement precludes the eligibility of the site;\n\n2. The proposal is not complete and accurate; or\n\n3. The participant is ineligible under the provisions of the\n\nOklahoma Brownfields Voluntary Redevelopment Act or any rules\n\npromulgated pursuant thereto.\n\nC. The Department may enter into a consent order with the\n\nparticipant for characterization and remediation of a site if the\n\nDepartment concludes that the remediation will:\n\n1. Attain a degree of control of pollution pursuant to the\n\nOklahoma Brownfields Voluntary Redevelopment Act, other applicable\n\nDepartment rules and standards, and all applicable state and federal\n\nlaws as determined by the Department; and\n\n2. For constituents not governed by paragraph 1 of this\n\nsubsection, reduce concentrations such that the property does not\n\npresent an unreasonable risk, as determined by the Department, to\n\nhuman health and safety or to the environment based upon the\n\nproperty's proposed use.\n\nD. The Department may make a no action necessary determination\n\nif the proposal as required by the Oklahoma Brownfields Voluntary\n\nRedevelopment Act indicates the existence of pollution which, given\n\nthe proposed use of the property, does not pose an unreasonable risk\n\nto human health and safety or to the environment as determined by\n\nthe Department.\n\nE. The consent order and the no action determination apply only\n\nto conditions caused by pollution on the property, to applicable\n\nstate or federal laws and to applicable rules and standards\n\npromulgated by the Environmental Quality Board that existed at the\n\ntime of submission of the proposal.\n\nF. If a proposal is disapproved by the Department, the\n\nDepartment shall promptly provide the participant with a formal\n\nwritten statement of the reasons for such denial.\n\nG. 1. If the Department determines that the participant has\n\nsuccessfully completed the requirements specified by the consent\n\norder, the Department shall certify the completion by issuing to the\n\nparticipant a Certificate of Completion. The certificate shall list\n\nthe use specified in the consent order for the site and shall comply\n\nwith Section 2-7-123 of this title. The certificate shall also\n\ninclude provisions stating that:\n\na. the Department shall not pursue administrative\n\npenalties and civil actions against the participant,\n\nlenders, lessees, and successors and assigns\n\nassociated with actions taken to remediate pollution\n\nwhich is the subject of the consent order,\n\nb. the participant and all lenders, lessees, and\n\nsuccessors and assigns shall not be subject to civil\n\nliability with regard to the remedial actions taken by\n\nthe participant for pollution, as required by the\n\nconsent order if the remedial action is not performed\n\nin a reckless or negligent manner,\n\nc. no person responsible for pollution who has not\n\nparticipated in the voluntary remediation process\n\nshall be released from any liability, and\n\nd. the Certificate of Completion shall remain effective\n\nas long as the property is in substantial compliance\n\nwith the consent order, Certificate of Completion and\n\nany institutional controls placed on the property.\nn who has not\n\nparticipated in the voluntary remediation process\n\nshall be released from any liability, and\n\nd. the Certificate of Completion shall remain effective\n\nas long as the property is in substantial compliance\n\nwith the consent order, Certificate of Completion and\n\nany institutional controls placed on the property.\n\n2. If the Department determines that no remediation action is\n\ndeemed necessary for the site, the Department shall issue the\n\nparticipant a Certificate of No Action Necessary. The certificate\n\nshall list the use specified in the proposal for the site. The\n\ncertificate shall also include provisions stating that:\n\na. the Department shall not pursue any administrative\n\npenalties or civil actions against the participant,\n\nlenders, lessees, and successors and assigns\n\nassociated with the determination that no action is\n\nnecessary to remediate the pollution which is the\n\nsubject of the certificate,\n\nb. the participant and all lenders, lessees, and\n\nsuccessors and assigns shall not be subject to civil\n\nliability with regard to the determination that no\n\naction is necessary to remediate the site,\n\nc. no person responsible for pollution who has not\n\nparticipated in the proposal process for a no action\n\nnecessary determination shall be released from any\n\nliability,\n\nd. the Certificate of No Action Necessary shall remain\n\neffective as long as the site is in substantial\n\ncompliance with the certificate and any institutional\n\ncontrols placed on the property as determined by the\n\nDepartment, and\n\ne. the issuance of the Certificate of No Action Necessary\n\nshall not be construed or relied upon in any manner as\n\na determination by the Department that the brownfield\n\nhas not been or is not environmentally polluted.\n\nH. The Department shall keep and maintain a copy of the\n\nproposal, work plan, consent order, any other correspondence,\n\nrecord, authorization, and report received by the Department, and an\n\nofficial copy of the Certificate of Completion or the Certificate of\n\nNo Action Necessary pursuant to the provisions of the Oklahoma\n\nBrownfields Voluntary Redevelopment Act relating to the site in an\n\naccessible location.\n\nI. Chapter 10A of Title 67 of the Oklahoma Statutes shall not\n\napply to any records or copies required to be kept and maintained\n\npursuant to this section.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a8a7e470925ab9eac1ac172509603d0960600b6f0361dcead88e6c73cbff425f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-15-105","next":"us-ok/okla.-stat.-tit.-27a-27a-2-15-107"},"notice":"GroundRules: Original legal text. Not legal advice."}