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 11-3-2.1.9 - Fees and Trust Fund

Current through June 25, 2024
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.