Purpose of act—Construction.

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A. The Oklahoma Legislature hereby declares that the purpose of the Oklahoma Brownfields Voluntary Redevelopment Act is to:

1. Provide for the establishment of a voluntary program by the Department of Environmental Quality;

2. Foster the voluntary redevelopment and reuse of brownfields by limiting the liability of property owners, lenders, lessees, and successors and assigns from administrative penalties assessed by the Department and civil liability with regard to the remedial actions taken by the participant for environmental contamination caused by pollution, as required by a consent order, if the remedial action is not performed in a reckless or negligent manner; and

3. Provide for a risk-based system for all applicable sites based on the proposed use of the site.

B. The Oklahoma Brownfields Voluntary Redevelopment Act shall not be construed to authorize or encourage any person or other legal entity to cause or increase pollution, to avoid compliance with state and federal laws and regulations concerning pollution or to in any manner escape responsibility for maintaining environmentally sound operations.

Added by Laws 1996, c. 356, § 2, emerg. eff. June 14, 1996. Amended by Laws 2004, c. 141, § 3, eff. Nov. 1, 2004; Laws 2009, c. 48, § 2, eff. July 1, 2009.

NOTE: Laws 2004, c. 111, § 3 repealed by Laws 2005, c. 1, § 27, emerg. eff. March 15, 2005.


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