§ 49-35-51. Definitions
For purposes of this article, the following words and phrases shall have the meanings ascribed in this section, unless the context clearly indicates otherwise: “NPL property subject to restoration” means any property on a site that is (i) proposed by the United States Environmental Protection Agency for the National Priorities List (NPL) but not listed […]
§ 49-35-53. Immunity of certain persons seeking to remediate property on sites listed on the National Priorities List (NPL) of the United States Environmental Protection Agency
If a person who is a bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration complies with all requirements of the United States Environmental Protection Agency, or state or federal law, which may be imposed with regard to the property, then he […]
§ 49-35-13. Violations; time period for corrections; penalties
Any material failure of a brownfield party or the agents or employees of a brownfield party to comply with the brownfield agreement constitutes a violation of this section by the brownfield party. If a brownfield party violates this section the commission shall issue an order requiring the brownfield party to correct the violation in an […]
§ 49-35-15. Liability protections; exceptions; additional remediation; conditions; completed performance; order by commission; letter
Except as provided under subsection (5) of this section and Section 49-35-13(2), a brownfield party who executes a brownfield agreement shall be relieved of liability to all persons other than the United States for: (a) remediation of the brownfield agreement site other than the remediation required by the brownfield agreement; and (b) all costs reasonably […]
§ 49-35-17. Proposed notice of agreement site; required information; certified copy of agreement and notice to be filed; disclosures; cancellation of notice of agreement site
A brownfield party entering into a brownfield agreement shall submit to the department for its approval a proposed notice of brownfield agreement site before execution of the brownfield agreement as provided in Section 49-35-11. A notice of brownfield agreement site (a) shall be entitled “Notice of Brownfield Agreement Site”, (b) shall include a survey plat […]
§ 49-35-19. Enforcement of land-use restrictions or engineering controls
Any land-use restriction or engineering control in a brownfield agreement and in a notice of brownfield agreement site filed under this section may be enforced by: Any current owner of the brownfield agreement site; The commission, by initiating an administrative proceeding or by filing a civil action, without first having exhausted all available administrative remedies; […]
§ 49-35-21. Implementation of article; date; promulgation of regulations
In accordance with Section 49-2-9, the commission shall promulgate regulations necessary to implement this article by January 1, 1999. Those regulations may include provisions for determining the eligibility of any person to enter into a brownfield agreement; criteria for inclusion of brownfield property in a brownfield agreement site, including brownfield property under an existing commission […]
§ 49-35-23. Restrictions on effect of article
This article shall not: Affect the authority of local governments to regulate land use under applicable statutes. The use or uses of the brownfield agreement site and any land-use restrictions or engineering controls in the brownfield agreement shall be consistent with local land-use regulations adopted under applicable statutes; Amend, modify, repeal, or otherwise alter any […]
§ 49-35-25. Payment of costs; Brownfields Cleanup and Redevelopment Trust Fund; collection and use of funds; suspension of activities
The brownfield party who submits a brownfield agreement application shall pay all reasonable direct and indirect costs of the department associated with the processing of the brownfield agreement application and administration of the brownfield agreement less the advance costs required in subsection (2) of this section. A brownfield party who submits a brownfield agreement application […]
§ 49-35-27. Periodic report; contents; incentive programs
Before January 1 of each year, the department shall report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee and the Chairman of the House Conservation and Water Resources Committee on the status of the implementation of the Mississippi Brownfields Voluntary Cleanup […]