Brownfield Application Requirements

Brownfield Application Requirements. A. General Requirements. (1) Brownfield Agreement applications must be filed in the format prescribed by MDEQ. Prior to approval, the application must be complete and must contain all of the information required by MDEQ, including, but not limited to, information necessary to demonstrate the following: (a) That as a result of the proposed remediation, the Brownfield Property will be suitable for the use or uses specified in the application while fully protecting public health and the environment; (b) That the Brownfield Party has or can obtain the financial, managerial, and technical resources to implement fully and complete the proposed remediation and to assure the safe use of the Brownfield Property; (c) That the current owners of all surface interests (including legal and equitable) in the Brownfield Properties that are the subject of the application have given written approval for inclusion of their property interest in the Brownfield Agreement Site. This approval shall be provided on the form prescribed by MDEQ; (d) That the Brownfield Party will comply with all applicable procedural requirements; and (e) That all items contained in the application form have been addressed by either providing the required information or stating that the item is not applicable. In the event that an item is considered not applicable, the Brownfield Party must include a written justification in the application that demonstrates to the satisfaction of MDEQ that the item is not applicable to the application. (2) If the Brownfield Applicant has demonstrated to the satisfaction of MDEQ that activities on or under the Brownfield Agreement Site involving the use, extraction, or production of mineral interests will not increase the level of risk to the public health or the environment beyond the level that forms the basis for the risk-based remediation requirements in the Brownfield Agreement, then the current owners and lessees of those mineral interests (including legal and equitable) in or under the Brownfield Properties that are the subject of the application are not required to give written approval for the submission of the application and the inclusion of their property interest in the Brownfield Agreement Site. All owners and lessees of a legal or equitable interest in the surface and/or mineral estates of the Brownfield Properties that are the subject of the application who do not give written approval for execution of the Brownfield Agreement shall be subject to Rule 2.1.7.A.(5)(c) of these regulations. Otherwise, written approval of the mineral interest owner(s) for inclusion of the Brownfield Property in the Brownfield Agreement site must be provided on the form prescribed by MDEQ; (3) As part of the application, the Applicant shall submit a title certificate prepared by an attorney who is licensed to practice law in the State of Mississippi identifying the following: (a) The legal description of the Brownfield Property; (b) The names and addresses of all persons who have an interest in the Brownfield Properties that are the subject of the application as defined in