8 CAR § 82-105. Eligibility

(a) This part applies to: (1) A person who: (A) Is a prospective purchaser of an abandoned industrial, commercial, or agricultural property with known or suspected contamination, or who is a prospective purchaser of abandoned residential property; (B) Did not, by act or omission, cause or contribute to any release or threatened release of a hazardous substance on or from the identified abandoned site or is otherwise considered to be a responsible party pursuant to Arkansas Code § 8-7-512(a)(2) – (4); and (C) Will reuse or redevelop the property for industrial, commercial, agricultural, or residential uses which will sustain or create employment opportunities or otherwise augment the local and/or state economy and tax base, or both; or (2) A person who: (A) Is not a responsible party pursuant to Arkansas Code § 8-7-512(a)(2) – (4); (B) Submits a letter of intent to participate as provided for under 8 CAR § 82-107(d); and (C) Subsequently acquires title to an abandoned site prior to completion of an implementing agreement as set forth in Arkansas Code § 8-7-1104(d). (b) This part shall not apply to a person who: (1) Is a current owner or operator; (2) Is a responsible party pursuant to Arkansas Code § 8-7-512(a)(2) – (4); or (3) Has demonstrated a pattern of uncorrected noncompliance. (c) The following types of sites shall not be eligible for participation in the Brownfield redevelopment process: (1) Sites identified on the federal National Priorities List (NPL); (2) Sites that that have been submitted by the Division of Environmental Quality to the United States Environmental Protection Agency to be ranked for consideration of placement on the NPL; (3) Sites that are covered by a hazardous waste management (RCRA) permit; (4) Sites that operate under interim status authority pursuant to 8 CAR pt. 81, Hazardous Waste Management; and (5) Sites subject to a federal order under CERCLA or RCRA.