§ 2-15-106. Public meetings or hearings not authorized--Zoning--Rejection or return of applicat...
Oklahoma Statutes AnnotatedTitle 27A. Environment and Natural Resources
27A Okl.St.Ann. § 2-15-106
§ 2-15-106. Public meetings or hearings not authorized--Zoning--Rejection or return of applications--Consent orders--No action necessary determinations--Applicability of orders or determinations--Written statement of reasons for disapproval--Certificates of Completion or No Action Necessary--Records--Archives and records law inapplicable
A. The Department of Environmental Quality is not authorized to hold any public meeting or hearing to require information, make any determination, or in any manner consider the zoning or rezoning for any proposed redevelopment of a site. The Department shall assume that any proposed redevelopment of the site meets or will meet any zoning requirements.
D. The Department may make a no action necessary determination if the proposal as required by the Oklahoma Brownfields Voluntary Redevelopment Act indicates the existence of pollution which, given the proposed use of the property, does not pose an unreasonable risk to human health and safety or to the environment as determined by the Department.
G. 1. If the Department determines that the participant has successfully completed the requirements specified by the consent order, the Department shall certify the completion by issuing to the participant a Certificate of Completion. The certificate shall list the use specified in the consent order for the site and shall comply with Section 2-7-123 of this title. The certificate shall also include provisions stating that:
2. If the Department determines that no remediation action is deemed necessary for the site, the Department shall issue the participant a Certificate of No Action Necessary. The certificate shall list the use specified in the proposal for the site. The certificate shall also include provisions stating that:
H. The Department shall keep and maintain a copy of the proposal, work plan, consent order, any other correspondence, record, authorization, and report received by the Department, and an official copy of the Certificate of Completion or the Certificate of No Action Necessary pursuant to the provisions of the Oklahoma Brownfields Voluntary Redevelopment Act relating to the site in an accessible location.
I. Chapter 10A of Title 67 of the Oklahoma Statutes1 shall not apply to any records or copies required to be kept and maintained pursuant to this section.
Credits
Laws 1996, c. 356, § 6, emerg. eff. June 14, 1996; Laws 2004, c. 141, § 6, eff. Nov. 1, 2004; Laws 2009, c. 48, § 6, eff. July 1, 2009.
Footnotes
Title 67, § 305 et seq.
27A Okl. St. Ann. § 2-15-106, OK ST T. 27A § 2-15-106
Current with emergency effective legislation through Chapter 277 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |