49-218.01. Brownfields cleanup revolving loan fund program; eligibility

A. The director may implement the Brownfields cleanup revolving loan fund program pursuant to the requirements of the CERCLA Brownfields cleanup revolving loan fund program.

B. The director may:

1. Enter into financial assistance agreements, as deemed appropriate, with eligible persons for the performance of eligible activities at eligible sites.

2. Apply for, accept and administer grants and other financial assistance from the federal government and from other public and private sources for the Brownfields cleanup revolving loan fund program.

3. Enter into agreements to administer the program.

4. Enter into agreements with the water infrastructure finance authority pursuant to section 49-1203 to perform any of the functions of the fund manager pursuant to the CERCLA Brownfields cleanup revolving loan fund program.

5. Assess fees to administer the Brownfields cleanup revolving loan fund program consistent with any cooperative agreement with the environmental protection agency.

C. Financial assistance monies shall be used to perform removal actions that meet the requirements of the applicable program or oversight mechanism, the CERCLA Brownfields cleanup revolving loan fund program and this article. To the extent possible, the department shall eliminate duplicative requirements among the programs.

D. The following are not eligible for the Brownfields cleanup revolving loan fund program:

1. A site listed or proposed for listing on the national priorities list.

2. A site that is subject to state or federal unilateral administrative orders, a court order, administrative orders on consent or a judicial consent decree issued to or entered into by parties under CERCLA or this title.

3. A site that is subject to the jurisdiction, custody or control of the United States government.

E. The director, through the attorney general, may take actions necessary to enforce the loan contract and achieve repayment of loans provided under this article.