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Title

10

:
Conservation and Development






Chapter

159

:
WASTE MANAGEMENT






Subchapter

003
:
BROWNFIELDS REUSE AND ENVIRONMENTAL LIABILITY LIMITATIONS










 

§

6643. Application process

A person shall

apply to the secretary for participation in the program on a form determined by

the secretary accompanied by a nonrefundable application fee of $500.00. The

application shall include:

(1) A preliminary

environmental assessment of the property, a legal description of the property,

a description of the physical characteristics of the property, the nature and

extent of releases and threatened releases at the property, and the risks to

human health and the environment presented by the releases or threatened

release, and any other information requested by the secretary.

(2) A

description of the proposed redevelopment and use of the property.

(3) A

certification that the applicant has given timely notification to the public

that provides a reasonable opportunity for public comment to the secretary

regarding the information and material provided in subdivisions (2) and (3) of

this section.

(4) A notarized

certification, on a form provided by the secretary, in which the applicant

attests to all the following:

(A) Each person

who would benefit from liability protection pursuant to section 6653 of this

title has disclosed to the secretary all information currently known to the

person or in the person's possession or control that relates to releases or

threatened releases of hazardous materials at the property.

(B) No person,

including a principal, owner, director, affiliate, or subsidiary, who would

benefit from liability protection pursuant to section 6653 of this title:

(i) Currently

holds or ever held an ownership interest in the property or in any related

fixtures or appurtenances, except for either of the following:

(I) A secured

lender's holding indicia of ownership in the property primarily to assure

repayment of a financial obligation.

(II) An innocent

current owner.

(ii) Directly or

indirectly caused or contributed to any releases or threatened releases of

hazardous materials at the property.

(iii) Currently

operates or controls or ever operated or controlled the operation at the

property of a facility for the storage, treatment, or disposal of hazardous

materials from which there was a release.

(iv) Disposed

of, or arranged for the disposal of hazardous materials at the property.

(v) Generated

hazardous materials that were disposed of at the property. (Added 2007, No. 147

(Adj. Sess.), § 7.)