Remediation of Brownfields in Oklahoma
Also see related page on:
Brownfields
and their Remediation
(this site's Home Page)
All Appropriate Inquiry or Phase I Environmental
Assessments
Oklahoma Department of Environmental Quality (ODEQ)
The Oklahoma Department of Environmental Quality is the Oklahoma State Agency with jurisdiction over:
- Air Quality
- Water Quality
- Waste Disposal (hazardous and non-hazardous)
- Cleanup of historical contamination
The ODEQ operates the only program recognized by the Federal DEQ, and has been designated by the Governor as the "Point of Contact" agency for all Brownfield issues. Local agencies also have Brownfields programs including: The Association of South Central Oklahoma Governments, The City of Oklahoma City, the Tulsa Industrial Authority, Cherokee Tribe, Cheyenne & Arapaho Tribe, Absentee Shawnee Tribe, and the Comanche Tribe.
Among the many services, the ODEQ will:
- Assist with the public understanding and work through issues of redevelopment of Brownfields sites
- Assist the with the preparation of EPA Brownfield Grant Application and provide "State Acknowledgement Letters"
- Operates a Voluntary Cleanup and Brownfields Redevelopment Program
- Provides low interest loans for the cleanup of Brownfield sites
- Provides Targeted Site Assessments of property owned by government entities and non-profit groups
Where is the Money?
There are several different federal and state programs that can be used to help facilitate Brownfields developments. Some agencies, such as the Environmental Protection Agency, have specific Brownfields programs. Others, such as the Department of Commerce, have economic development programs designed to facilitate development after the cleanup has been accomplished. Below are summaries of programs that may be of interest to developers interested in Brownfields.
See also information on All Appropriate Inquiries (AAI) or a Phase I assessment.
Oklahoma State Tax Incentives
- Oklahoma Quality Jobs Act -
applies to basic industries that locate their
principal business activities on contaminated
properties of at least 10 acres (68 OS Supp 2000
§ 3604 [E-H]). Qualified businesses are
eligible for incentive payments irrespective of
actual gross payroll or number of new
employees. Companies can qualify as either:
- Federal Superfund removal site
- National Priorities list (NPL or Superfund) site
- a site formally deferred to the sate in lieu of NPL listing
- site that was remediated pursuant to order of Okalahoma DEQ
- Sales Tax Exemption - for machinery, equipment, fuels, and chemicals incorporated into a treatment process at DEQ approved cleanup sites (68 OS Supp 2000 § 1359 [7])
- Clean Water State Revolving Fund Loans - Brownfield sites within permitted urban storm water areas, participating in the Oklahoma Brownfields Program. Private entities not eligible. (Administered by OWRB - see below)
- Oklahoma Brownfield Cleanup Revolving Loan Fund - provides low interest loans to private industry, local governments, and tribes for cleanup.
City Incentives
- Oklahoma City Brownfields Cleanup Revolving Loan Fund - A joint Project of the City of Oklahoma City, Oklahoma City Housing Authority, Oklahoma City Urban Renewal Authority, Oklahoma County, and the US EPA. Emphasis will be given to projects in the OKC Empowerment Zone, and is intended to operate as gap financing that will leverage private dollars to create economically viable projects. Loans ranging form $50,000 to $1,000,000 are available. The Oklahoma City Planning Department's Brownfields Coordinator is responsible for reviewing proposals, the Community Action Agency of Oklahoma City and Oklahoma/Canadian Counties will administer loans.
- Tax Incremental Financing (TIF) District
Oklahoma Voluntary Cleanup and Brownfields Redevelopment Programs
Administered by the Oklahoma Department of Environmental Quality, these programs provide a means for private parties and government entities to voluntarily investigate and if warranted, clean up properties that may be contaminated with hazardous wastes. The Voluntary Cleanup Program utilizes an informal, negotiated process for site activities. The formal Brownfields Program provides specific state liability relief and protects the property from federal Superfund actions. Does not cover Petroleum issues (which are covered under the Oklahoma Corporation Commission's Petroleum Storage Tank Division, which operates the Fuel and Indemnity Funds). Additionally, the voluntarily funded Oklahoma Energy Resources Board (OERB) provides assistance for environmental cleanup of abandoned oil/gas well sites.
Successful participation in Oklahoma's Brownfields programs will provide releases from:
- State nuisance liability
- Federal Superfund liability
Oklahoma Water Resources Board
The Oklahoma Water Resources Board (OWRB) is the State's designated steward of water resources and regulates water use to preserve supplies for future users. A landowner may use water for domestic use (for household purposes, for farm and domestic animals up to the normal grazing capacity of the land, under three acres and under five acre-feet per year.) However, if the water is to be used for specified agricultural, municipal, industrial, or related purposes, Oklahoma law requires that you obtain a permit from the OWRB. The Oklahoma State Legislature has determined that reasonable regulation of groundwater is required to preserve at least the minimum life of state groundwater supplies and ensure that landowners receive their designated share of water.
The OWRB operates several revolving loan funds, one of which is specifically designated for Brownfield Remediation. In general, any project related to water and/or sewer system improvements or refinancing of existing debt obligations incurred by communities. Specifically, the Clean Water State Revolving Fund Loans program is a low-interest loan program to assist communities with municipal wastewater infrastructure construction projects and other pollution control projects. Non-Public borrowers may also be eligible to receive loan low-interest loan funds through a link deposit program.
The Oklahoma Geological Survey publishes and maintains Hydrologic Atlases for Oklahoma; available from the agency's Publication Section for a small fee. In addition, the U.S. Geological Survey has digital data sets describing characteristics of some Oklahoma aquifers
