La. Admin. Code tit. 33 § VI-1107

Current through Register Vol. 50, No. 9, September 20, 2024

Section VI-1107 - Eligibility for Participation in the Program

A. Applicant Eligibility. The applicant must meet all of the following requirements to be eligible to participate in the Brownfields Cleanup Revolving Loan Fund Program.

1. The applicant must be authorized to incur debt and enter into legally binding agreements.

2. The applicant must own the brownfields site to be remediated using loan funds prior to the initial disbursement of funds.

3. The applicant must not be a responsible person as defined in LAC 33:VI.1105.

4. The applicant must demonstrate the financial ability to repay the loan in a timely fashion.

5. The applicant must not be subject to any unpaid fines or penalties for lack of compliance with environmental laws or regulations at the brownfields site subject to the loan.

6. The applicant must not be subject to any past-due fees owed to the department.

7. The credit history of the applicant must be in good standing.

8. Applicants for loans made from federal brownfields funding sources must meet requirements for such applicants provided in federal guidance.

B. Site Eligibility. All sites must meet the following requirements in order to be eligible and to remain eligible to participate in the Brownfields Cleanup Revolving Loan Fund Program.

1. Only brownfields sites located in the state of Louisiana are eligible.

2. The nature and extent of contamination to be remediated at the site using loan funds must be defined and documented in a department-approved Risk Evaluation / Corrective Action Program (RECAP) investigation report, voluntary remediation investigation report as provided in LAC 33:VI.Chapter 9, and/or other applicable report, such as a lead and asbestos containing materials survey. A site cleanup plan shall be submitted to the department's brownfields coordinator within 120 days of the execution of the loan agreement, unless an extension is granted by the administrative authority. The cleanup must be conducted with department oversight to remain eligible for the loan program. All application and oversight fees associated with the remediation shall be paid in a timely fashion in accordance with applicable regulations.

3. Cleanup of the site shall be accomplished within 18 months of the date of the execution of the loan agreement, unless an extension is granted by the administrative authority.

4. The cleanup of contamination associated with motor fuels underground storage tanks that are eligible for the Louisiana Motor Fuels Underground Storage Tank Trust Fund is not eligible for the loan program.

5. Sites at which only petroleum contamination is present (petroleum-only sites) must meet eligibility requirements for petroleum sites found in federal guidance.

6. Sites at which loans would be funded from federal brownfields funding sources must meet all requirements provided in federal guidance.

La. Admin. Code tit. 33, § VI-1107

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 31:2217 (September 2005), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division LR 47873 (7/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and in particular R.S. 30:2551-2552.