A. As used in this act: 1. "Acquisition closing date" means the date on which ownership of, or a direct or indirect majority interest in the ownership of, a regulated facility or operation is acquired in an asset purchase, equity purchase, merger or similar transaction; 2. "Audit report" means the final report in a written document which contains the comments and recommendations of the auditor; 3. "Environmental or health and safety audit" or "audit" means a systematic voluntary evaluation, review or assessment of compliance with environmental or health and safety laws or with any permit issued under an environmental or health and safety law conducted by an owner or operator, an employee of an owner or operator, a person, including an employee or independent contractor of the person, that is considering the acquisition of a regulated facility or operation, or an independent contractor of: a. a regulated facility or operation, or b. an activity at a regulated facility or operation; 4. "Environmental or health and safety law" means: a. a federal or state environmental or occupational health and safety law, or b. a rule, regulation or regional or local law adopted in conjunction with a law described by subparagraph a of this paragraph; 5. "Owner or operator" means a person who owns or operates a regulated facility or operation; 6. "Penalty" means an administrative, civil or criminal sanction imposed by the state to punish a person for a violation of a statute or rule. The term does not include a technical or remedial provision ordered by a regulatory authority; and 7. "Regulated facility or operation" means a facility or operation that is regulated under an environmental or health and safety law. B. A person acts willfully for purposes of this act if the person acts willfully within the meaning of Section 92 of Title 21 of the Oklahoma Statutes. C. A person acts knowingly for purposes of this act if the person acts knowingly within the meaning of Section 96 of Title 21 of the Oklahoma Statutes. To fully implement the privilege established by this act, the term "environmental or health and safety law" shall be construed broadly.
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