{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-7-123","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-7-123","heading":"Permit issuance notice - Notice of remediation or","body":"related action taken - Interference with remediation – Good\n\nSamaritan protections and immunities.\n\nA. Upon issuance of any permit issued pursuant to the\n\nrequirements of the Oklahoma Hazardous Waste Management Act, the\n\nDepartment of Environmental Quality shall file or cause to be filed\n\na recordable notice of the permit in the land records of the county\n\nin which the site is located. The notice shall contain the legal\n\ndescription of the site as well as the terms under which the permit\n\nwas issued.\n\nB. The Department shall file or cause to be filed a recordable\n\nnotice of remediation or related action taken pursuant to the\n\nfederal Comprehensive Environmental Response, Compensation and\n\nLiability Act in the land records of the county in which the site is\n\nlocated. The notice shall contain a legal description of the\n\naffected property and shall identify all engineering controls used\n\nto ensure the effectiveness of the remediation.\n\nC. The Department shall file or cause to be filed a recordable\n\nnotice of remediation or related action in the county where the\n\nproperty is located when remediation of contaminated property to\n\nrisk-based standards is performed pursuant to this subsection or\n\nsubsection F of this section under an order of or a remediation plan\n\napproved by the Department. The notice shall contain a legal\n\ndescription of the affected property and shall identify all\n\nengineering or other controls used to ensure the effectiveness of\n\nthe remediation.\n\nD. The notices required in subsections B and C of this section\n\nshall also contain a prohibition against engaging in any activities\n\nthat cause or could cause damage to the remediation or the\n\nengineering controls, or recontamination of the soil or groundwater.\n\nThe notices shall also contain any appropriate restrictions on land\n\nuse or other activities that are incompatible with the cleanup\n\nlevel, including, but not limited to, restrictions against\n\nincreasing the amount or extent of contamination or using\n\ngroundwater for drinking or irrigation purposes or redeveloping the\n\nland for residential use. Any person who damages or interferes with\n\nthe remediation, the engineering controls, or continuing operation,\n\nmaintenance or monitoring of the site or who increases the amount or\n\nextent of contamination is liable to repair the damage, remedy the\n\ninterference, or remediate the contamination, or for costs incurred\n\nby the Department in doing so. The Department may take\n\nadministrative or civil action to recover costs or to compel\n\ncompliance with this subsection, including but not limited to\n\nadministrative penalties pursuant to the Oklahoma Hazardous Waste\n\nManagement Act.\n\nE. Any notice filed pursuant to this section shall run with the\n\nland. It may not be extinguished, limited, or impaired by\n\napplication of the provisions of Sections 71 through 85 of Title 16\n\nof the Oklahoma Statutes or the Uniform Unclaimed Property Act.\n\nF. An eligible person may be entitled to protections and\n\nimmunities as a voluntary \"Good Samaritan\" as provided in this\n\nsubsection after meeting all eligibility requirements and compliance\n\nwith an order or a detailed written plan of the proposed voluntary\n\nreclamation project or water pollution abatement project. The\n\nperson seeking \"Good Samaritan\" status under this subsection shall\n\nsubmit a plan to be approved by the Department and to be implemented\n\nat a historical or orphaned mining site or other approved site\n\nwithin the State of Oklahoma. The approved plan must demonstrate\n\nthat the activities conducted under the plan will accelerate a\n\npartial or complete CERCLA-like cleanup and will result in\n\nenvironmental improvement.\n\n1. The activities of an eligible person volunteering to conduct\n\na project under this subsection shall not duplicate or interfere\nical or orphaned mining site or other approved site\n\nwithin the State of Oklahoma. The approved plan must demonstrate\n\nthat the activities conducted under the plan will accelerate a\n\npartial or complete CERCLA-like cleanup and will result in\n\nenvironmental improvement.\n\n1. The activities of an eligible person volunteering to conduct\n\na project under this subsection shall not duplicate or interfere\n\nwith remedial actions being taken or overseen by a responsible party\n\nor a state or federal agency at the site.\n\n2. The Department may require evidence of the Good Samaritan's\n\nfinancial ability to complete the proposed project.\n\n3. No eligible person shall be liable for costs or damages or\n\nbe subject to administrative or civil liabilities or penalties as a\n\nresult of actions taken or omitted in the course of rendering\n\nvoluntary care, assistance or advice while conducting a project\n\nunder this section if the project is implemented and completed in\n\naccordance with the approved plan.\n\n4. The immunities provided in this subsection shall not apply\n\nto any person:\n\na. whose act or omission caused in whole or in part such\n\nactual or threatened pollution or who would otherwise\n\nbe liable therefor under state or federal law,\n\nb. who receives compensation other than reimbursement for\n\nout-of-pocket expenses for services in rendering such\n\nassistance or advice,\n\nc. whose act or omission constitutes gross negligence or\n\nreckless, wanton or intentional misconduct, or\n\nd. who discharges pollutants without a required National\n\nPollutant Discharge Elimination System (NPDES) permit\n\nexcept at a historical or orphaned mining site or\n\nother site approved by the Department's Executive\n\nDirector prior to commencement of work on the project.","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":"182bd824ba9c24a98faff8b9fe652b4b981e09c2195a6eb9f1d1d1ae0320e49c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-7-122","next":"us-ok/okla.-stat.-tit.-27a-27a-2-7-124"},"notice":"GroundRules: Original legal text. Not legal advice."}