Ch. 1                                            1997 LAWS OF MARYLAND

(2)      (I) WITHIN 30 DAYS AFTER RECEIPT OF A REQUEST UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT SHALL NOTIFY AN
APPLICANT WHETHER, IF APPROVED TO PARTICIPATE IN THE VOLUNTARY
CLEANUP PROGRAM OR A CORRECTIVE ACTION PLAN, THE APPLICANT QUALIFIES
FOR FINANCIAL INCENTIVES FOR THE REDEVELOPMENT OF A BROWNFIELDS SITE.

(II) IN THE DEPARTMENT'S NOTICE OF AN APPLICANT'S
QUALIFICATION FOR FINANCIAL INCENTIVES UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH, THE DEPARTMENT SHALL SPECIFY WHICH OF THE CRITERIA SET
FORTH IN PARAGRAPH (4) THE APPLICANT MET.

(3)      THE DEPARTMENT SHALL DETERMINE THE ELIGIBILITY OF A SITE
AS A QUALIFIED BROWNFIELDS SITE BASED ON WHETHER:

(I)       THE PROPERTY IS LOCATED IN A DENSELY POPULATED URBAN
CENTER AND IS SUBSTANTIALLY UNDERUTILIZED; OR

(II)     THE PROPERTY IS AN EXISTING OR FORMER INDUSTRIAL OR
COMMERCIAL SITE THAT POSES A THREAT TO PUBLIC HEALTH OR THE

ENVIRONMENT.

(4)      THE DEPARTMENT MAY CONSIDER THE FOLLOWING CRITERIA
WHEN SELECTING A QUALIFIED BROWNFIELDS SITE:

(I)       THE FEASIBILITY OF REDEVELOPMENT;

(II)     THE PUBLIC BENEFIT PROVIDED TO THE COMMUNITY AND
THE STATE THROUGH THE REDEVELOPMENT OF THE PROPERTY;

(III)   THE EXTENT OF RELEASES OR THREATENED RELEASES AT
THE SITE AND THE DEGREE TO WHICH THE CLEANUP AND REDEVELOPMENT OF
THE SITE WILL PROTECT PUBLIC HEALTH OR THE ENVIRONMENT;

(IV)    THE POTENTIAL TO ATTRACT OR RETAIN MANUFACTURING
OR OTHER ECONOMIC BASE-TYPE EMPLOYERS;

(V)     THE ABSENCE OF IDENTIFIABLE AND FINANCIALLY SOLVENT
RESPONSIBLE PERSONS; OR

(VI)    ANY OTHER FACTOR RELEVANT AND APPROPRIATE TO
ECONOMIC DEVELOPMENT.

(B) DURING THE COURSE OF EVALUATING POTENTIAL QUALIFIED
BROWNFIELDS SITES, THE DEPARTMENT SHALL CONSULT WITH:

(1)      THE DEPARTMENT OF THE ENVIRONMENT, THE OFFICE OF
PLANNING, AND RELEVANT LOCAL OFFICIALS;

(2)      THE NEIGHBORING COMMUNITY AND ANY CITIZEN GROUPS
LOCATED IN THE COMMUNITY;

(3)      REPRESENTATIVES OF STATE AND LOCAL ENVIRONMENTAL
ORGANIZATIONS;

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