§ 6645. Eligibility
Not more than 30 days after the Secretary receives a complete application, the Secretary shall determine eligibility and provide written notice to the applicant of the Secretary's determination. A person is eligible for participation in the Program if the Secretary determines all the following:
(1) There is a release or threatened release of hazardous material at the property that the person proposes for remediation and redevelopment.
(2) The applicant is not liable pursuant to section 6615 of this title for any release or threatened release of a hazardous material at the property or the person is an innocent current owner of the property. The Commissioner may accept an affidavit of innocence or may request further information and investigate to determine compliance with this section. Any determination of innocence or liability under this subdivision is solely for the purpose of the initial eligibility determination for this Program and shall have no collateral effect in other proceedings.
(3) The property is a Brownfield site or the Secretary determines, on a site-by-site basis, both the following:
(A) The property is not a Brownfield site because it is excluded pursuant to subdivision 6642(2)(A), (C)(ii)-(v), (D), (E), (G), or (H) of this title.
(B) Participation in the Program will promote the Program objectives identified in subsection 6641(a) of this title. (Added 2007, No. 147 (Adj. Sess.), § 7.)
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