(1) The Department of Environmental Quality may provide financial assistance only to persons who meet all of the following eligibility requirements:
(a) The department has determined that removal or remedial action proposed by the applicant is necessary to protect the public health, safety and welfare or the environment.
(b) The applicant demonstrates to the departmentís satisfaction that the applicant either is unable to obtain financing for the removal or remedial action from other sources or that financing for the removal or remedial action is not available to the applicant at reasonable rates and terms.
(c) The applicant demonstrates to the departmentís satisfaction that there is a reasonable likelihood the applicant has the ability to repay.
(d) The applicant agrees to conduct the removal or remedial action according to an agreement with the department.
(e) Any other requirement the department considers necessary or appropriate.
(2) A financial assistance agreement shall include any provision the department considers necessary, but shall at least include the following provisions:
(a) Terms of the financial assistance; and
(b) A statement that moneys obligated by the department under the agreement are limited to moneys in the Hazardous Substance Remedial Action Fund expressly designated by the department for financial assistance purposes. [1989 c.833 §106]Section: Previous 465.255 465.257 465.260 465.265 465.270 465.275 465.280 465.285 465.290 465.295 465.300 465.305 465.310 465.315 465.320 Next
Last modified: August 7, 2008