SECTION 165:10-10-2. Brownfield defined

(a)   A "Brownfield" is a real property (site) where expansion, redevelopment, normal use or reuse may be complicated by the presence or potential presence of a deleterious substance, pollutant, or contaminant. This includes land that is contaminated by petroleum, petroleum products, and related wastes, including crude, condensate, gasoline and diesel fuel, produced water/brine, glycol and/or drilling mud. A proposed Brownfield site is a defined area; it does not need to be the entire property or lease.

(b)   Sites excluded from program participation are:

(1)   Sites controlled by responsible parties (RPs);

(2)   Sites listed on the National Priorities List (NPL) maintained by EPA;

(3)   Sites subject to order or consent decree under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund;

(4)   Sites permitted under certain federal programs including the Resource Conservation and Recovery Act (RCRA), CERCLA, the Toxic Substances Control Act (TSCA), or the Safe Drinking Water Act (SDWA);

(5)   Lands where closure of the remediation process has been approved by or where a closure plan concerning remediation has already been submitted to the Commission;

(6)   Sites owned or under the control of the federal government;

(7)   Portions of sites with PCB (polychlorinated biphenyls) pollution subject to remediation under TSCA;

(8)   Portions of facilities with an approved or ongoing federal Leaking Underground Storage Tank (LUST) Fund remediation; however the Oklahoma LUST fund and the Oklahoma Petroleum Storage Tank (PST) Indemnity fund are potentially available for assessing and cleaning up newly listed PST Brownfield sites in Oklahoma.

(c)   Responsible party (RP) and other ineligible parties defined. A person, corporation, company, non-profit organization, or any other entity that:

(1)   Caused the pollution at the proposed Brownfield site or knew about the pollution and allowed it to occur; or

(2)   Contributed to already existing pollution at the site; or

(3)   Hindered or otherwise knowingly attempted to obstruct efforts to perform environmental assessments of or to remediate pollution caused by an RP at the site; or

(4)   Is not in compliance with a final agency order or any final order or judgment of a court of record secured by any state or federal agency for any of the responsible party's actions at the site which could have led to a leak, spill, and/or other cause of the pollution in violation of agency rules, or

(5)   Has demonstrated a pattern of uncorrected noncompliance with state or federal environmental laws or rules; or

(6)   Has past operations at the site and/or at other sites that indicate a reckless disregard for the protection of human health and safety or the environment.

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