Sec. 32-9gg. Brownfield remediation funds for manufacturing facilities.
Sec. 32-9gg. Brownfield remediation funds for manufacturing facilities. (a)
For purposes of this section, "brownfield" has the same definition as in 42 USC 9601
and "manufacturing establishments" means manufacturing establishments as defined
in the North American Industrial Classification System, United States Office of Management and Budget, 1997 edition.
(b) Existing owners of manufacturing facilities designated as brownfield sites shall
be eligible for any available remediation funds, provided such owners demonstrate to
the funding authority's satisfaction they did not cause the release of any hazardous
substances or petroleum at the brownfield or provided the owner demonstrates the following:
(1) It did not knowingly cause injury to human health or the environment as a result
of its disposal of hazardous substances or petroleum; and
(2) It has never been found guilty of knowingly or wilfully violating an environmental law.
(c) In determining what funds shall be made available for brownfield remediation,
the funding authority shall consider an owner's ability to pay some or all of the remediation costs. Said authority shall give preference to owners that demonstrate a limited
ability to pay for such remediation.
(d) In providing funds pursuant to this section, the funding authority may impose
the following conditions:
(1) The owner receiving the funds not transfer title of the property for a set period
of not more than ten years;
(2) The owner receiving funds reimburse the state for such funds in the event that
it receives funds for remediation from other sources; or
(3) The owner receiving funds continues to employ residents of the state for a set
period of not less than ten years.
(P.A. 06-184, S. 9.)