§ 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.

Legislative History

Added by Laws 1996, c. 356, § 8, emerg. eff. June 14, 1996. Amended by Laws 2004, c. 111, § 7, emerg. eff. April 15, 2004; Laws 2004, c. 381, § 5, emerg. eff. June 3, 2004; Laws 2009, c. 48, § 8, eff. July 1, 2009. NOTE: Laws 2004, c. 141, § 7 repealed by Laws 2004, c. 381, § 6, emerg. eff. June 3, 2004.