{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-15-108","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-15-108","heading":"Release of liability from administrative penalties","body":"or civil actions.\n\nA. 1. The Department of Environmental Quality shall not assess\n\nagainst a participant administrative penalties or pursue civil\n\nactions associated with the pollution which is the subject of the\n\nconsent order or no action necessary determination if:\n\na. the participant is in compliance with the consent\n\norder during remediation or with the Certificate of No\n\nAction Necessary, and\n\nb. the participant is in compliance with any post-\n\ncertification conditions or requirements specified in\n\nthe consent order.\n\n2. After issuance of the Certificate of Completion or\n\nCertificate of No Action Necessary, the Department shall not assess\n\nadministrative penalties or pursue civil actions regarding the\n\npollution which is the subject of the consent order or no action\n\nnecessary determination against any lender, lessee, or successor or\n\nassign if the lender, lessee, or successor or assign is in\n\ncompliance with any post-certification conditions or requirements as\n\nspecified in the consent order or Certificate of No Action\n\nNecessary.\n\nB. 1. Failure of the participant and any lenders, lessees, or\n\nsuccessors or assigns to materially comply with the consent order\n\nentered into pursuant to the Oklahoma Brownfields Voluntary\n\nRedevelopment Act shall render the consent order or the Certificate\n\nof Completion or the Certificate of No Action Necessary voidable.\n\n2. Submission of any false or materially misleading information\n\nby the participant knowing such information to be false or\n\nmisleading shall render the consent order, Certificate of\n\nCompletion, or Certificate of No Action Necessary voidable.\n\nC. 1. A participant to whom a Certificate of Completion or a\n\nCertificate of No Action Necessary has been issued pursuant to the\n\nOklahoma Brownfields Voluntary Redevelopment Act and such\n\nparticipant’s lenders, lessees, or successors or assigns or any\n\nother person, this state or a local political subdivision thereof or\n\nany other legal entity acquiring, in good faith, the property which\n\nwas subject to the Oklahoma Brownfields Voluntary Redevelopment Act\n\nshall not be subject to civil liability regarding the pollution\n\nwhich was the subject of the consent order or certificate if the\n\nparticipant is in compliance with any post-certification conditions\n\nor requirements specified in the consent order or certificate.\n\n2. Except as otherwise provided in this subsection, nothing in\n\nthe Oklahoma Brownfields Voluntary Redevelopment Act shall be\n\nconstrued to limit or negate any other rights of any person from\n\npursuing or receiving legal or equitable relief from the participant\n\nor any other person or legal entity causing or contributing to the\n\npollution.\n\n3. In those cases where a participant conducts a voluntary\n\nremediation in conjunction with a party responsible for the\n\npollution, the responsible party shall also be released from\n\nliability to the same extent as the participant.\n\nD. The release of liability from administrative penalties and\n\nany civil actions authorized by the Oklahoma Brownfields Voluntary\n\nRedevelopment Act shall not apply to:\n\n1. Any pollution and consequences thereof that the participant\n\ncauses or has caused outside the scope of the consent order or the\n\ncertificate issued by the Department;\n\n2. Any pollution caused or resulting from any subsequent\n\nredevelopment of the property;\n\n3. Existing pollution not addressed prior to issuance of the\n\nCertificate of Completion or the Certificate of No Action Necessary;\n\nor\n\n4. Any person responsible for pollution who has not\n\nparticipated in the voluntary remediation.","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":"383ceecd80bd657c21be7bcf86ef99d29782324916b08d48ab353315dae6b991","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-15-107","next":"us-ok/okla.-stat.-tit.-27a-27a-2-15-109"},"notice":"GroundRules: Original legal text. Not legal advice."}