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Banner, reinvesting in our industrial heritage, Rhode Island Brownfields
 
Introduction


Eligibility

Eligible Borrower


Ineligible Borrower

Eligible Site

Ineligible Site

Eligible Cost

Ineligible Cost

Criteria

Process

Application / Resources

 

Brownfields Cleanup Revolving Loan Fund
Eligibility

Eligible Borrower

An eligible borrower is any public or private entity that meet all of the following criteria:
  • 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.

 See EPA Administrative Manual, Sections VI.B.5 and VI.B.7.

The RIBCRLF may lend to other state agencies if those Agencies meet the following criteria:



  • 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



See Policy Memo: "Lending to Yourself"



Ineligible Borrower



An ineligible borrower is an entity that does not meet any or all of the following criteria:

  • 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.



See EPA Administrative Manual, Section VI.B.7.



Eligible Brownfields Site

Eligible Brownfields Sites meet any or all of the following criteria:

  • 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).



See EPA Administrative Manual, Section III.B.



Ineligible Brownfields Site

 An Ineligible Brownfields Site meets any or all of the following criteria:

  • 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). 

See EPA Administrative Manual, Section III.C.



Eligible Project Costs

Eligible Project Costs as designated by the EPA Administrator are for cleanup only and must be associated with removal activities as defined in CERCLA 101(23) and described in the NCP, 40 CFR Part 300.415. Eligible project costs include the following (see EPA Administrative Manual, Section III.D): 

  • 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.  

  • 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).



See EPA Administrative Manual, Section III.E



See Proposed Guidelines for more details on all eligibility requirements.



last updated: 04/03/03   


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Rhode Island Economic Development Corporation and Rhode Island Statewide Planning Program


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