6 Miss. Code. R. 4-3.14 - Brownfield Project Requirements

A. Remediation of brownfield agreement sites in accordance with Sections 49-35-1 through 47-35-25 may be considered as an eligible project.

B. Loans for remediation of brownfield sites in accordance with Sections 49-35-1 through 49-35-25 shall not exceed $250,000.00 per site.

C. Up to 10% of the principal loan amount may be used for the Mississippi Department of Environmental Quality (MDEQ) approved Brownfield Consulting Firm's fees for brownfield projects during the clean-up phase. Consultant fees above 10% must be paid from other funding sources.

D. Remediation costs shall not include:

1. Costs incurred after the issuance of a No Further Action letter under Section 4935-15, Mississippi Code of 1972;

2. Costs incurred before the executed brownfield agreement;

3. Costs incurred for any legal services or litigation costs; and

4. Any funds provided by any federal, state or local government agency or political subdivision.

E. Administrative fees and legal fees are not allowable costs to be reimbursed by CAP funds.

F. The operating expenses, monitoring expenses and maintenance expenses incurred after the brownfield cleanup phase will not be an allowable cost to be reimbursed by CAP Loan funds.

G. Before loan approval for remediation of a brownfield site, the Applicant must provide MDA with an executed copy of the brownfield agreement between the Applicant and the Executive Director of MDEQ.

H. Within thirty (30) days after the brownfield agreement is executed and before any loan disbursements are released, the Applicant shall provide a copy of deed, clear certificate of title or other instrument certifying that the property is owned by the Applicant and subject to a brownfield site agreement.

I. During the brownfield cleanup process, the CAP funds must be expended within one year from the date of the loan approval, unless waiver is granted by MDA upon good cause shown.

J. The Applicant will be responsible for the operating and maintenance ("O&M") of the brownfield site and for any post remediation monitoring required under the brownfield agreement.

K. Any amendments, changes or violations of the brownfield agreement site must be reported to MDA and MDEQ within 10 business days.

L. The Applicant shall include in all contacts with Participating Parties a provision that each Participating Party agrees than any duly authorized representative of MDA and/or MDEQ shall, at all reasonable times, have access to any portion of the Project in which such Participating Party is involved until the completion of all brownfield agreement requirements.

Notes

6 Miss. Code. R. 4-3.14

Miss. Code Ann § 57-1-301 et seq (Rev. 2014).

Amended 2/6/2016 Amended 8/1/2021