Fees and Trust Fund

Fees and Trust Fund. A. Fees (1) The Brownfield Party who submits a Brownfield Agreement application shall pay all reasonable direct and indirect costs of MDEQ associated with the processing of the Brownfield Agreement application and administration of the Brownfield Agreement less the advance costs required in Rule 2.1.9(A)(2) of this rule, unless another funding source (e.g., EPA Cooperative Agreement) is available, acceptable, and approved by MDEQ. (2) A Brownfield Party who submits a Brownfield Agreement application for review by MDEQ shall pay advance costs of Two Thousand Dollars ($2,000.00) at the time the application is submitted to MDEQ. MDEQ will apply the Two Thousand Dollar ($2,000.00) advance costs to the final invoice as determined by MDEQ. (3) MCEQ shall set by order a schedule of costs for the processing of the Brownfield Agreement applications and the administration of Brownfield Agreements by MDEQ. (4) Reasonable direct and indirect costs shall include the cost of MDEQ’s utilization of the services of an independent contractor and/or contractual worker to evaluate information associated with the processing of the Brownfield Agreement application and administration of the Brownfield Agreement less the advance costs required in Rule 2.1.9(A)(2) of this rule. (5) MCEQ may delegate to MDEQ responsibility for the collection of costs in Rule 2.1.9(A)(1) and (2). (6) All costs under Rule 2.1.9(A)(1) shall be due before a date specified by MDEQ, which shall be no less than thirty (30) days following the invoice date. If any part of the costs that are imposed is not paid within thirty (30) days after the due date, a penalty of up to twenty-five percent (25%) of the amount due may be imposed and added to that amount. Any penalty collected under this section shall be deposited into the Brownfields Cleanup and Redevelopment Trust Fund created by Miss. Code Ann. Section 49-35-25(4). If MDEQ pursues legal action to collect costs incurred, reasonable attorney's fees and costs may be assessed against the delinquent party pursuant to Miss. Code Ann. Section 49-35-25(7). (7) Any person required to pay costs under this section who disagrees with the calculation or applicability of the costs may petition MCEQ for a hearing in accordance with Section 49-17-35. (8) Costs collected under this section shall not supplant or reduce in any way the general fund appropriation to the MDEQ for the administration of this program, pursuant to Miss. Code Ann. Section 49-35-25(9). (9) MDEQ shall suspend any activities or actions related to the processing of the Brownfield Agreement application or administration of a Brownfield Agreement, if the Brownfield Party or Parties fails to pay any required costs or penalties imposed under this section. In addition, the MCEQ shall issue an order in accordance with Rule 2.1.10(B)(2) requiring the Brownfield Party to pay the required costs within a certain time. Failure to comply with the order may subject the Brownfield Party to remedies set forth Mississippi Code Annotated Section 49-17-43 and removal of liability protection set forth in Rule 2.1.7(A). (10) MDEQ shall submit a final invoice to the Brownfield Party within sixty (60) days of the issuance of a “No Further Action Letter” for Sites that do not require post- closure activities or compliance monitoring. For those Sites that require post- closure activities or compliance monitoring, MDEQ and the Brownfield Party shall agree upon reasonable direct and indirect costs associated with the administration of post-closure activities or compliance monitoring as outlined in the Brownfield Agreement. (11) Nothing in this section affects any existing program at MDEQ or affects any authority of MCEQ or MDEQ to take any action authorized by law. B. Brownfields Cleanup and Redevelopment Trust Fund (1) Pursuant to Miss. Code Ann. Section 49-35-25(4), there is created in the State Treasury a fund to be designated as the "Brownfields Cleanup and Redevelopment Trust Fund," referred to in this section as "fund," to be administered by the Executive Director. (2) Monies in the fund shall be utilized to pay reasonable direct and indirect costs associated with the processing of the Brownfield Agreement applications and the administration of Brownfield Agreements. (3) Expenditures may be made from the fund upon requisition by the Executive Director. (4) The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the fund. (5) The fund may receive monies from any available public or private source, including, but not limited to, collection of costs, interest, grants, taxes, public and private donations, judicial actions and appropriated funds. (6) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next succeeding fiscal year. (7) All monies collected under this section shall be deposited into the fund.