11 MAC Pt. 3, Ch. 2, R. 2.3.4
Loan Terms and Conditions
Cite as 11 Miss. Admin. Code Pt. 3, Ch. 2, R. 2.3.4
Loan Terms and Conditions
A. Loan Terms and Conditions
1) Interest rates for loans shall be below market rates at a negotiable duration, no greater
than ten (10) years.
2) Loans and subgrants shall be issued in accordance with all CERCLA § 104k (as
amended) terms and conditions and any other applicable State or Federal financial
regulations as it pertains to loans and subgrants.
3) All BRLF loans shall be repaid in full in accordance with the loan terms and
conditions. Events of, and remedies for, loan default will be as outlined in the BRLF
loan conditions.
4) MDEQ’s initial BRLF grant award requires a cost share of 20% which may include
but is not limited to “in kind” services. An applicant shall be required to provide the
20% cost share under their loan or subgrant agreement unless waived by MDEQ and
EPA. Supplemental BRLF funding from EPA may not require a 20% cost share in
the future, and if so, will not be required to be provided by the applicant.
5) Public entity applicants are eligible for a loan discount. The amount of loan discount
is negotiable as subject to CERCLA § 104k (as amended) terms and conditions and
will be determined on a project specific basis.
6) Where any of the terms and conditions herein conflict with the provisions of
CERCLA § 104k (as amended), then the provisions in CERCLA § 104k (as amended)
will control.
B. Cancellation of Notice of Brownfield Agreement
1) Cancellation of Notice of Brownfield Agreement shall not be executed until a BRLF
loan is repaid in full or a subgrant has completed the performance period of the
subgrant agreement.
2) Upon completion of a Brownfield Agreement as approved by the MCEQ in
accordance Rule 2.1.7(B), a No Further Action Letter and Completion Order may be
issued prior to full repayment of a loan.