Title 49, Conservation and Ecology

(1) A brownfield party entering into a brownfield agreement shall submit to the department for its approval a proposed notice of brownfield agreement site before execution of the brownfield agreement as provided in Section 49-35-11. (2) A notice of brownfield agreement site (a) s…

(1) Any land-use restriction or engineering control in a brownfield agreement and in a notice of brownfield agreement site filed under this section may be enforced by:(a) Any current owner of the brownfield agreement site;(b) The commission, by initiating an administrative procee…

In accordance with Section 49-2-9, the commission shall promulgate regulations necessary to implement this article by January 1, 1999. Those regulations may include provisions for determining the eligibility of any person to enter into a brownfield agreement; criteria for inclusi…

(a) This article shall not:(a) Affect the authority of local governments to regulate land use under applicable statutes. The use or uses of the brownfield agreement site and any land-use restrictions or engineering controls in the brownfield agreement shall be consistent with loc…

(1) The brownfield party who submits a brownfield agreement application shall pay all reasonable direct and indirect costs of the department associated with the processing of the brownfield agreement application and administration of the brownfield agreement less the advance cost…

(1) Before January 1 of each year, the department shall report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee and the Chairman of the House Conservation and…

(a) The Legislature finds:(a) There are properties in Mississippi, often referred to as “brownfields,” that are contaminated or are perceived to be contaminated by past activities, but are potential locations for redevelopment.(b) Brownfields development and redevelopment is impa…

(a) The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:(a) “Brownfield agreement” means an agreement between the commission and a brownfield party for the remediation of a brownfield agreement site.(b) “…

(1) (a) Any brownfield party shall provide the department, in an application as prescribed by the commission, information necessary to demonstrate that:(i) As a result of the proposed remediation, the brownfield property will be suitable for the use or uses specified in the appli…

(1) (a) If the department and a brownfield party reach a proposed agreement, then at least thirty (30) days before the date that the commission considers the proposed brownfield agreement under Section 49-35-11, the department shall publish a public notice in a newspaper of gener…

This article shall be known and may be cited as the “Mississippi Brownfields Voluntary Cleanup and Redevelopment Incentives Act.”

(a) The Legislature finds:(a) There are properties in Mississippi, often referred to as “brownfields,” that were contaminated or were perceived to have been contaminated by past activities, but are attractive locations for redevelopment.(b) The safe development or redevelopment o…

(a) For purposes of this article, the following words and phrases shall have the meanings ascribed in this section, unless the context clearly indicates otherwise:(a) “NPL property subject to restoration” means any property on a site that is (i) proposed by the United States Envi…

(1) If a person who is a bona fide prospective purchaser or owner, other than any person or entity who caused the contamination, of NPL property subject to restoration complies with all requirements of the United States Environmental Protection Agency, or state or federal law, wh…