SECTION 165:10-10-12. Closures of Brownfield sites

(a)   Final surface remediation confirmation.

(1)   A qualified environmental professional for the applicant and/or theBrownfield, other Oil & Gas, or PST staff of the Commission, or the OERB, if such entity is involved with the site, will perform a closure survey, which may include but is not limited to visual observations and sampling the soil, surface water and/or groundwater at the site to confirm the project is completed and the property is ready for its proposed use; and

(2)   The results of the closure survey, including any soil, surface water and/or groundwater sample results, must be submitted to appropriate Commission and Brownfield staff, and the appropriate regulatory program will confirm if cleanup standards have been met.

(b)   Final documentation.

(1)   The applicant is required to submit all necessary documentation regarding the site to Brownfield staff.

(2)   The Brownfield staff will review, as required by applicable laws and rules, the work performed on the site as reflected in the documentation filed by Applicant.

(3)   The applicant shall submit to Brownfield staff recorded copies of documents confirming that any deed restrictions or other institutional controls have been filed with the appropriate authorities.

(c)   Request for closure. The applicant shall request closure of the site after all reviews have been completed by applicable Commission staff members and the site is found by Commission staff to be in compliance with all the Brownfield and regulatory laws and rules.

(d)   Records of sites. The Brownfield staff will maintain a public record of each site that has qualified for the Brownfield program for a period of three (3) years. After the three (3) year period has expired the records will be archived.

[Source: Added at 25 Ok Reg 2187, eff 7-11-08; Amended at 33 Ok Reg 593, eff 8-25-16]