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Ch. 306 2000 LAWS OF MARYLAND
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(II) FOR THE IMPLEMENTATION OF A CORRECTIVE ACTION PLAN
UNDER TITLE 4 OF THE ENVIRONMENT ARTICLE.
(6) THE DEPARTMENT MAY ESTABLISH PROCEDURES AND ELIGIBILITY
REQUIREMENTS FOR THE APPROVAL OF REQUESTS FOR LOANS AND GRANTS UNDER
PARAGRAPH (1) OF THIS SUBSECTION.
[(a)](C) (1) At the time a person applies to participate in the Voluntary
Cleanup Program under Title 7, Subtitle 5 of the Environment Article or receives
approval from the Department of the Environment for the implementation of a
corrective action plan under Title 4 of the Environment Article, the person may submit
a request to the Department to determine whether the person qualifies for financial
assistance for the potential redevelopment of a Brownfields site.
(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, and if
approved by the Authority, the applicant qualifies for financial assistance 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) of this subsection 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 employers;
(v) The absence of identifiable and financially solvent responsible
persons; or
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