SECTION 165:10-10-4. Determination of Brownfield eligibility

(a)   Applicant eligibility. An applicant may be any non-responsible party (non-RP) including:

(1)   The legal owner in fee simple, the tenant or lessee of the property, or a person who has a written firm option to purchase or operate the property at the time the application is filed and who has the ability to implement a redevelopment proposal, if needed, once site assessment and/or remediation is complete;

(2)   Any person who acquired the ownership, operation, management, or control of the site through foreclosure or under the terms of a bona fide security interest in a mortgage or lien on, or an extension of credit for the property, or foreclosed on the property, or received an assignment or deed instead of foreclosure or some other indicia of ownership and thereby becomes the owner of the property;

(3)   An agency, non-profit organization or other entity who chooses to clean up or otherwise rehabilitate a property for the owner or tenant in order for it to be returned to productive use or become green space;

(4)   The Oklahoma Energy Resources Board (OERB), regarding sites in its surface restoration program which meet the definition of a Brownfield property appearing in OAC 165:10-10-2. There is no requirement that OERB sites be designated as Brownfield sites, or

(5)   A non-RP who wishes to restore property for a potential or known RP. If an entity that is not the RP wants to apply to the Brownfield program and is accepted and completes the process, such a site would be granted limited liability protection.

(b)   Eligibility of site. The following conditions must be met and information provided to be considered for eligibility as a Brownfield site:

(1)   Any facility or real property where normal use, reuse, expansion or redevelopment is hindered by pollution or suspected pollution of a substance or substances caused by releases from activities regulated by the Commission may qualify as a Brownfield site.

(2)   The applicant will need to provide an Applicant Eligibility form with the following information included on the form:

(A)   A physical address for the land or property;

(B)   A legal description of the land or property;

(C)   Driving directions from nearest major intersection.

(3)   A site survey by a surveyor, or a site plan containing global positioning system (GPS) coordinates made under the supervision of a qualified environmental professional defining the area to be addressed must be submitted for each Brownfield site once it is accepted into the program.

(c)   Determination of eligibility. The Commission's Brownfield staff will determine the initial eligibility for any allegedly contaminated portion of a Brownfield project. Brownfield staff will determine to the extent possible:

(1)   If any funds have already been spent on the site, and the source of any such funds;

(2)   If there are any viable responsible parties. Commission records will be checked by Commission staff for all Brownfield sites; and

(3)   Whether the current or immediate past owner and/or operator of the site caused or made the pollution worse and whether such parties took reasonable corrective steps with regard to any pollution.

[Source: Added at 25 Ok Reg 2187, eff 7-11-08; Amended at 33 Ok Reg 593, eff 8-25-16; Amended at 36 Ok Reg 534, eff 8-1-19]