Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 1 › Rule 11-3-2.1.3 - Brownfield Agreement Requirements And Procedures

Current through June 25, 2024
A. General
				  Requirements
(1) Once MDEQ has completed its
				  review of the application and any other information required to be submitted by
				  the Applicant, MDEQ shall prepare a proposed Brownfield Agreement.
(2) The Brownfield Agreement shall contain
				  the following:
(a) A description of the
				  Brownfield Agreement Site sufficient to serve as a legal description of that
				  Site,
(b) A description of all
				  remediation to be conducted on or under the Brownfield Agreement Site,
				  including:
(1) A description of specific areas
				  where remediation is to be conducted;
(2) The remediation method or methods to be
				  employed;
(3) The financial,
				  technical and managerial resources that the Brownfield Party will make
				  available;
(4) A schedule of
				  remediation activities;
(5)
				  Remediation requirements that are based on public health and environmental
				  risks specific to the Brownfield Agreement Site;
(6) A schedule for implementation and
				  completion of the remediation;
(7)
				  Any land-use restrictions or engineering controls constituting any part of the
				  remediation required by MCEQ;
(8) A
				  requirement that the Brownfield Party shall notify MDEQ at least fourteen (14)
				  days prior to the date scheduled for any field work to provide MDEQ an
				  opportunity to observe, inspect, and/or collect split samples; and
(9) A plat which identifies any part of the
				  Brownfield Property for which use is restricted.
(c) The proposed uses of the Brownfield
				  Agreement Site after all remediation required by MCEQ is complete.
(d) A schedule for administration of the
				  Brownfield Agreement by MDEQ.
(e)
				  Requirements, as deemed appropriate by MCEQ, for reporting on the progress of
				  remediation conducted on or under the Brownfield Agreement Site.
(f) Requirements as deemed appropriate by
				  MCEQ for reporting on the status of the Brownfield Agreement Site following
				  completion of all remediation including the status of the institutional
				  controls, engineering controls and monitoring.
(g) Any other provisions deemed necessary by
				  MCEQ to implement the Brownfield Agreement.
(3) Prior to approval of the Brownfield
				  Agreement by the Commission, the Brownfield Party shall submit to MDEQ, on a
				  form prescribed by MDEQ, a statement of consent signed by all owner(s) of
				  interests in the Brownfield Property (other than the Brownfield Party) stating
				  that such owners have read and understand the Brownfield Agreement and that
				  they consent to the inclusion of their property interest in the Brownfield
				  Agreement Site.
(4) Prior to
				  execution of the Brownfield Agreement, and with thirty days written prior
				  notice to MDEQ, the applicant may withdraw the Brownfield Agreement
				  application. The applicant shall be required to pay all costs associated with
				  the processing of the Brownfield Agreement application prior to the effective
				  date of withdrawal. Failure to pay all accrued costs shall subject the
				  Brownfield Party to remedies contained in Mississippi Code Annotated Section
				  49-17-43. In addition, MCEQ may
				  proceed with any and all remedies available to it with regard to the Brownfield
				  Property and/or Brownfield Applicant.