Brownfields Cleanup Revolving Loan Fund
Eligibility

Eligible Borrower

• Control over (ownership, purchase option or tax lien) or access to an eligible site within the State of Rhode Island
• Exempt from CERCLA liability
  
  
• Authorized to incur debt and enter into legally binding agreements
  
  
• Financially sound; and
  
  
• Possesses an economically viable redevelopment plan.
  
  

• They have the legal authority to enter into legally binding borrowing agreements
  
  
• They have an identified source of income for repayment
  
  
• The State's Auditor General has the authority to enforce the terms and conditions of a loan agreement
  
  
  
  

Ineligible Borrower

• A generator or transporter of contamination at a Brownfields site
  
  
• Currently or previously in environmental non-compliance
  
  
• Previously suspended, debarred or declared ineligible for Federal financial assistance programs.
  
  
  
  

Eligible Brownfields Site

• Possess an actual release or substantial threat of a release of a hazardous substance (as listed under 40 CFR Part 302.4); or
  
  
• Possess a release or substantial threat of release of a pollutant or contaminant (as defined by CERCLA §101(33)) that may present an imminent or substantial danger to public health or welfare under CERCLA §104(a)(1).
  
  
  
  

Ineligible Brownfields Site

• Listed or proposed for listing on the EPA National Priority List;
  
  
• A removal action m ust be taken within the next six months;
  
  
• A Federal or state agency is planning or conducting a response or enforcement action; or
  
  
• Contaminated by petroleum products except to address a non-petroleum hazardous substance (e.g., co-mingled waste). 
  
  

Eligible Project Costs

• Costs associated with removing, mitigating, or preventing the release or threat of release of a hazardous substance, pollutant or contaminant, including:   
  • Fences, warning signs, or other security or site control precautions;
    
    
  • Drainage control;
    
    
  • Stabilization of berms, dikes, or impoundments or drainage or closing lagoons;
    
    
  • Capping of contaminated soils;
    
    
  • Using chemicals and other materials to retard the spread of the release or mitigate its effects;
    
    
  • Excavation, consolidation or removal of highly contaminated soils from drainage or other areas;
    
    
  • Removal of drums, barrels, tanks or other bulk containers that contain or may contain hazardous substances, pollutants or contaminants;
    
    
  • Containment, treatment, disposal or incineration of hazardous materials; and
    
    
  • Provision of alternative water supply where necessary immediately to reduce exposure to contaminated household water and continuing until such time as local authorities can satisfy the need for permanent remedy.  
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  Site monitoring costs, including sampling and analysis that are reasonable and necessary during the cleanup process, including determination of the effectiveness of a cleanup.
  
  
• Costs associated with meeting the public participation, worker health and safety and interagency coordination requirements.
  
  
• Costs associated with removal activities, including demolition and/or site preparation that are part of the site cleanup.
  
  
• Costs associated with the Borrower's administrative expenses up to ten percent (10%) of the loan amount (including but not limited to the loan origination fee). Environmental insurance premiums paid by the borrower for a site-specific cleanup are excluded from this 10% limitation.  

 Ineligible Project Costs

• Pre-cleanup environmental response activities costs, such as site assessments, identification and characterization;
  
  
• Cleanup costs of a naturally occurring substance below background levels, products that are part of the structure of and result in exposure within residential, business or community structures (e.g., interior lead-based paint contamination or asbestos which results in indoor exposure), or public/private drinking water supplies that have deteriorated through ordinary use, except as determined on a site-by-site basis and approved by EPA Headquarters, consistent with CERCLA §§ 104(a)(3) and (4);
  
  
• Monitoring and data collection costs necessary to apply for or comply with environmental permits under other Federal and state laws, unless such a permit is required as a necessary or essential component of the cleanup action; and
  
  
• Development costs that are not remedial actions (e.g., construction of a new facility or marketing of property).