Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 3 - Hazardous Waste Management Regulations
Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi
Subchapter 3 - REVOLVING LOAN FUND
Rule 11-3-2.3.3 - Decisions on Loans and Subgrants
Universal Citation: MS Code of Rules 11-3-2.3.3
Current through September 24, 2024
A. Decisions on Loans and Subgrants
1) The approval of a loan
or subgrant shall be based on a complete financial application that must be
submitted in a format prescribed by MDEQ. Prior to approval, the financial
application must be complete and must contain all information required by MDEQ,
including, but not limited to, information necessary to demonstrate the
following:
i. That the Brownfield Party is
financially viable to repay the loan or manage a subgrant for the duration of
the agreement,
ii. That the
Brownfield Party has or can obtain the financial, managerial, and technical
resources in addition to the loan or subgrant to implement fully and complete
the proposed remediation,
iii. That
the Brownfield Party demonstrates the programmatic capability to meet all state
and federal regulations required under the Act, these regulations, and CERCLA
§104(k) (as amended) terms and conditions,
iv. That all items contained in the financial
application have been addressed by either providing the required information or
stating that the item is not applicable. If an item is considered not
applicable, the Brownfield Party must include a written justification in the
financial application that demonstrates to the satisfaction of MDEQ that the
item is not applicable to the financial application, and
v. Rule
2.3.2(B)(2).
2) Upon execution of the Brownfield Agreement
and receipt of a certified copy of the filing of the Notice of Brownfield
Agreement as required in Rule
2.1.5(B), the final
BRLF loan or subgrant agreement may be executed by the Brownfield Party and
MDEQ in accordance with the Mississippi Brownfields Voluntary Cleanup and
Redevelopment Act (Miss. Code Ann. §§
49-35-1, et
seq.).
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.
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