§ 49-35-1. Short title

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Act.”

§ 49-35-11. Approval and execution of agreements; modifications; changes in surface ownership; powers of executive director

If the commission finds that the proposed brownfield agreement complies with this article and regulations, the commission, 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. The commission may enter into a brownfield agreement as proposed by the […]

§ 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 […]

§ 49-35-3. Legislative findings

The Legislature finds: There are properties in Mississippi, often referred to as “brownfields,” that are contaminated or are perceived to be contaminated by past activities, but are potential locations for redevelopment. Brownfields development and redevelopment is impaired by the potential liability associated with the actual or perceived risk of contamination. The safe development or redevelopment […]

§ 49-35-5. Definitions

The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise: “Brownfield agreement” means an agreement between the commission and a brownfield party for the remediation of a brownfield agreement site. “Brownfield agreement site” means brownfield property that is remediated under a brownfield agreement. The site shall […]

§ 49-35-7. Application; required information and agreement terms; remediation

Any brownfield party shall provide the department, in an application as prescribed by the commission, information necessary to demonstrate that: As a result of the proposed remediation, the brownfield property will be suitable for the use or uses specified in the application while fully protecting public health and the environment; The brownfield party has or […]

§ 49-35-9. Agreements reached before consideration by commission; public notice; notice to property owners; public hearings

If the department and a brownfield party reach a proposed agreement, then at least thirty (30) days before the date that the commission considers the proposed brownfield agreement under Section 49-35-11, the department shall publish a public notice in a newspaper of general circulation in the county or counties in which the brownfield agreement site […]