Rule 11-3-2.3.2 - BRLF Application RequirementsA. General Requirements1) All BRLF applicants must apply to be a Brownfield Party and must be approved for a Brownfield Agreement under Miss. Admin. Code 11, Part 3, Ch. 2 et. seq., to be eligible to receive a loan or subgrant.2) The applicant may be a public, non-profit, or a private entity. Private entities are not eligible for subgrants.3) The proposed site must meet the definition of a Brownfield Property as identified in Rule 2.1.1(C)(16) and as defined by federal regulations.4) In accordance with the CERCLA § 104(k) (as amended) terms and conditions, to receive a loan or subgrant, the applicant must be non-liable for any contamination related to the proposed site as defined under CERCLA §107 (as amended) (a) An applicant requesting a subgrant must also own the property and maintain ownership throughout the performance period of the subgrant agreement.5) Since BRLF funding is limited, loans and subgrants will be issued to eligible sites only as funding allows.B. Procedural Requirements 1) Prior to submitting a Brownfield Agreement application (as defined in Rule 2.1.2) in which a BRLF loan or subgrant will be requested, a pre-eligibility meeting shall be scheduled with MDEQ for a determination of the proposed site's eligibility for federal funding and the Mississippi Brownfield Program. If the site and the applicant are determined to be eligible, MDEQ will provide a financial application to the applicant.2) Final approval and award of a loan or subgrant is contingent upon the approval of a Brownfield Agreement by the MCEQ.C. Brownfield Consulting Firm Requirement 1) A Brownfield Consulting Firm as required in Rule 2.1.2(A)(9) and as defined in Rule 2.1.2(C) is required to conduct all cleanup activities as required under a MCEQ approved Brownfield Agreement.D. Public Notice Requirements 1) A Community Involvement Plan is required by CERCLA § 104k (as amended) terms and conditions for a site receiving BRLF funding.2) Applicants shall submit a Community Involvement Plan to MDEQ for approval prior to Public Notice as described in Rule 2.1.4.3) Applicant shall comply with all Public Notice requirements as applicable under Rule 2.1.4(A)(2) et. seq.11 Miss. Code. R. 3-2.3.2
Miss. Code Ann. §§ 49-2-9(1)(b) and (c), 49-17-17 (d), 49-35-1, et seq., 49-17-17, 17-17-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.