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 11-3-2.1.5 - Decision on Brownfield Agreement

Current through June 25, 2024
A. Decision on
				  Brownfield Agreement
(1) The approval of a
				  Brownfield Agreement shall be based on a complete application which MDEQ
				  determines to contain all information required under the Act or these
				  regulations. If MCEQ finds that the proposed Brownfield Agreement complies with
				  the Act and these regulations, the MCEQ, by order, shall approve the proposed
				  Brownfield Agreement. After approval of the Brownfield Agreement, the Executive
				  Director and the Brownfield Party shall execute the Brownfield
				  Agreement.
(2) MCEQ may consider an
				  Applicant's financial resources, technical resources, managerial resources and
				  compliance history in determining whether or not to approve a Brownfield
				  Agreement.
(3) Prior to approval of
				  the Brownfield Agreement, MCEQ may require the applicant to demonstrate to the
				  satisfaction of MCEQ that contamination (the source of which is not
				  environmental contamination or activities on or under the Brownfield Property
				  that is the subject of the application but which is contributing or potentially
				  contributing to contamination on or under the Brownfield Property that is the
				  subject of the application) will not migrate onto the Brownfield Property or
				  otherwise compromise the level of remediation of the Brownfield Property
				  required by the Brownfield Agreement. This demonstration may include
				  institutional controls, engineering controls or other preventive measures. In
				  the event information is presented to MCEQ that migration of contamination has
				  occurred or the level of remediation required under the Brownfield Agreement is
				  being compromised, MCEQ may reopen the Brownfield Agreement.
(4) MDEQ shall consider all environmental
				  contamination on or under the Brownfield Property that is the subject of the
				  application to be attributed to activities on or under said Property, unless
				  the Brownfield Applicant can demonstrate to the satisfaction of MDEQ that:
(a) the source of environmental contamination
				  is off-site and
(b) that conditions
				  on or under said Property have not and will not exacerbate or contribute to the
				  contamination.
MCEQ may, as it deems appropriate, inspect or require
					 inspections; investigate or require investigations; evaluate or require
					 evaluations; and/or issue orders regarding properties which are a source of
					 contamination on or under the Brownfield Agreement Site.
(5) MCEQ may enter into a
				  Brownfield Agreement as proposed by MDEQ or may modify that agreement before
				  entering into it. MCEQ subsequently may modify any Brownfield Agreement by
				  entry of an order. The MCEQ orders issued under this Act shall be reviewable as
				  provided in Section
				  49-17-41.
(6) MCEQ may disapprove a proposed Brownfield
				  Agreement or decline to enter into a Brownfield Agreement by entry of an order.
				  In the order, MCEQ shall state the reasons for disapproval of the agreement or
				  declining to enter into the agreement.