MISSISSIPPI BROWNFIELDS PROGRAM

1. MISSISSIPPI BROWNFIELDS PROGRAM Presented by: Jere “Trey” Hess, P.E. Brownfields Program Coordinator

2. Background • Mississippi Brownfields Voluntary Cleanup and Redevelopment Act • Effective July 1, 1998 • Required MDEQ to develop regulations and implement a RISK-BASED remediation program. • Regulations Adopted May 27, 1999 and EFFECTIVE June 28, 1999.

3. What is a Brownfield? • Any property where use is limited by actual or potential contamination, or the perception of environmental contamination, and is or may be subject to remediation.

4. What are the benefits? • Cleanup contaminated properties • Put unused existing properties into productive use, thereby: • creating increased tax revenue; • creating new jobs; • decreasing development of “clean” property. • LIABILITY PROTECTION

5. What is Liability Protection ? • A Brownfield Party who executes a Brownfield Agreement shall be relieved of liability to all persons other than the United States for: • remediation of the Brownfield Agreement Site other than the remediation required by the Brownfield Agreement; and • all costs reasonably related to the remediation other than the remediation costs required by the Brownfield Agreement or the regulations.

6. Now in Layman’s Terms • Once you have carried out the provisions of the Brownfield Agreement at your Site, neither MDEQ nor any other person (except the United States) can require you to expend additional remediation costs at your site unless the Brownfield Agreement is reopened or liability protection is removed.

7. Who’s eligible forLiability Protection ? • The Brownfield Applicant; • Any person under the direction or control of the Brownfield Party who directs or contracts for remediation or redevelopment of the Site; • Any current or future owner of the Site; • Any person who develops, redevelops or lawfully occupies the Site ; • Any successor or assign of any person to whom liability protection applies; • Any lender or fiduciary that provides financing for remediation or redevelopment of the Site.

8. State Brownfield Resources • MDEQ Resources • EPA’s Targeted Brownfields Assessment (TBA) Program • Landfill Corrective Action Trust Fund • Mississippi Brownfields Program Facilitator Assistance • MDA Resources • Community Development Block Grant Program

9. State Brownfield Resources • Landfill Corrective Action Trust Fund • Funds are available to eligible owners/operators of landfills (including closed landfills) to take preventive or corrective actions. • Contact Person: • Mark Williams, MDEQ (601) 961-5171

10. State Brownfield Resources • Mississippi Brownfields Program • We can provide technical and administrative assistance to cities, counties, industry, developers, and others that join the Program. • The services that we can provide include: • Technical understanding of Engineering/Geological aspects of redevelopment projects; • Assistance with securing grants, loans, etc. from EPA, MDA, HUD, etc.; • Assistance with procedural requirements of Program; and • Facilitating meetings with stakeholders.

11. State Brownfield Resources • Mississippi Development Authority (MDA) • For eligible projects through the CDBG Program, MDA may provide some funding for remediation; • The MS Brownfields Program staff will work with you and MDA in an attempt to link remediation with redevelopment. • (e.g.-CDBG may be used for installing sewer line or grading. Grading/excavating may be a major part of remediation) • (601) 359-3552

12. Federal Brownfields Initiative • EPA Brownfields Initiative • National Brownfields Assessment Demonstration PILOT Program; • Targeted Brownfields Assessment Program; • Brownfields Cleanup and Revolving Loan Fund Pilot Program • HUD Brownfields Initiative

13. EPA Brownfields Initiative • National Brownfields Assessment Demonstration PILOT Program • EPA Grant ($250,000) to assess brownfields and test brownfields assessment models and facilitate coordinated public and private efforts at the Federal, State, tribal and local levels. • City of Jackson – Farish Street Historic District • City of Columbia • Oktibbeha County Economic Development Authority

14. EPA Brownfields Initiative • Targeted Brownfields Assessment Program • MDEQ has been awarded funding from EPA to assist cities, counties, developers, and others. • For eligible sites, MDEQ can: • Have a “Phase I” Assessment performed; • Have additional assessments performed; • Cover Brownfield Program costs; and • Assist in redevelopment planning. • NOTE: TBA Funding by itself will NOT typically cover ALL Assessment costs.

15. EPA Brownfields Initiative • Brownfields Cleanup and Revolving Loan Fund Pilot Program • Low interest loans from EPA for REMEDIATION.

16. HUD Brownfields Initiative • HUD Brownfields Initiative • CDBG Program • Section 108 Loan Guarantee • http://www.hud.gov/progdesc/brownf.cfm

17. More Information • Internet Address: • http://www.brownfields.ms • MDEQ Contacts: • Trey Hess - Brownfields Program Coordinator • (601) 961-5654 • email: Trey_Hess@deq.state.ms.us • Jerry Banks - Hazardous Waste Division Chief • (601) 961-5221 • email: Jerry_Banks@deq.state.ms.us