1 Del. Admin. Code § 402-10.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 402-10.0 - Brownfield Assistance10.1 Program Description. 10.1.1 The Authority is empowered to make financial assistance in the form of matching grants to Applicants for the costs of conducting environmental assessments and remediation at Certified Brownfield sites ("Brownfield Assistance").10.1.2 The maximum amount of Brownfield Assistance by the Authority with respect to any single Certified Brownfield shall be the lesser of (a) one hundred thousand dollars ($100,000), or (b) fifty percent (50%) of the total costs of environmental assessment and remediation with respect to that Certified Brownfield (an "Eligible Project"). The Authority may, in its sole discretion, limit the amount of Brownfield Assistance for any Eligible Project to any amount less than one hundred thousand dollars ($100,000) or fifty percent (50%) of environmental assessment and remediation at the Eligible Project. The Authority may not award more than one million dollars ($1,000,000) of Brownfield Assistance, in aggregate, during any fiscal year of the State.10.2 Eligibility Standards. 10.2.1 The following criteria will be used to determine eligibility for Brownfield Assistance: 10.2.1.1 The proposed investment should have the potential to serve a public purpose by maintaining or expanding employment in the State by maintaining, expanding, or diversifying business and industry in the State, and/or maintaining or increasing its tax base. 10.2.1.2 Since Brownfield Assistance is in the form of matching grants, the Applicant shall demonstrate to the satisfaction of the Authority that funds are available for environmental assessment and remediation expenses at the Eligible Project that will equal or exceed the amount of Brownfield Assistance requested.10.2.1.3 Because Eligible Projects must be Certified Brownfields, the Applicant must submit with its Application the written certification of the Eligible Project as a Brownfield issued by the Secretary of the Department of Natural Resources and Environmental Control.10.2.2 The following expenses or types of real property do not qualify for Brownfield Assistance: 10.2.2.1 Expenses for environmental assessment and remediation incurred prior to January 16, 2001.10.2.2.2 Expenses for environmental assessment which are considered by the Authority, in its sole discretion, as normal and ordinary in the course of any financing or real estate transfer transaction or Phase One assessments.10.2.2.3 Any site with respect to any portion of which enforcement action has been initiated under 7 Del.C. Ch. 63, Ch. 74 or §9101; 42 U.S.C. § 6901 et seq.; or 42 U.S.C. § 9606 or § 9607.10.2.2.4 Sites which are owned by a governmental unit of the State.10.2.2.5 Sites located outside the State.10.3 Project Approval Standards. 10.3.1 Findings: As a precondition to approving Brownfield Assistance, the Authority shall make the findings and determinations required by 29 Del.C. § 5055 with respect to the Applicant and the Project. The Authority shall apply the following standards, where applicable, in making such findings and determinations: 10.3.1.1 Capability Standard; Adherence to Law: In determining whether the Project may assist in creating or retaining employment in the State, the Applicant shall demonstrate to the Authority that the Applicant, operator or principal user thereof has the capability to operate and maintain such Eligible Project efficiently and that the Applicant has not been convicted of a major labor law violation or of a violation involving moral turpitude by any agency or court of the federal government or agency or court of any state in the 2-year period immediately prior to the approval of the Applicant's Application. In this regard, the Authority may, in its discretion, rely on a sworn affidavit of the Applicant or an officer of the Applicant or an opinion of counsel of the Applicant to such effect. If an Applicant has been convicted of such a violation, the Authority, in its sole discretion, may decline to consider the Application. If requested by the Authority, similar proof shall be obtained from any proposed operator or principal user of the Eligible Project.10.3.1.2 Operator and User Standard: An Applicant shall, if requested by the Authority or required in the Application, submit such information as is requested or required for each proposed operator or principal user of the Eligible Project. The Authority shall apply the same standards with respect to the operators and principal users of the Eligible Project as are applied to the Applicants, unless the Applicant establishes good reason to make the findings and determinations with respect to the Applicant alone. 10.3.2 Recapture Provision: The Authority shall determine, in its sole discretion, appropriate recapture provisions for each Applicant under which the Applicant may be required to repay some or all of the Brownfield Assistance granted under this section 10.10.3.3 Post-Grant Period; Annual Reporting: Unless waived or amended by the Authority in its sole discretion, the Applicant shall, within ninety (90) days after completing the environmental assessment and/or remediation at the Eligible Project, submit to the Authority a written report setting forth the total costs for management and labor, equipment, sampling and analysis and the removal and disposal of hazardous waste or other materials at the Eligible Project.1 Del. Admin. Code § 402-10.0
5 DE Reg. 1141 (11/1/01)
16 DE Reg. 662 (12/01/12)