SECTION 252:221-7-7. Project selection criteria

(a)   Funding available. Loans will be made to eligible projects as funding allows.

(b)   Priority projects. Priority will be given to projects that:

(1)   remove environmental risks as opposed to managing them long term;

(2)   use deconstruction techniques to remove structures as opposed to demolition;

(3)   use sustainable material management techniques for demolition/deconstruction wastes;

(4)   redevelop property using LEED standards or promote energy efficiency;

(5)   promote reuse by a green industry;

(6)   use sustainable landscaping or sustainable redevelopment techniques;

(7)   create green jobs;

(8)   facilitate the creation of, preservation of or addition to a park, a greenspace; undeveloped property, recreational property or other property used for nonprofit purposes;

(9)   meet the needs of a community that has an inability to draw on other sources of funding for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located because of the small population or low income of the community; or

(10)   facilitate the use or reuse of existing infrastructure.

(b)   Compliance with state and federal laws and rules. The borrower/grantee must comply with the the rules in this subchapter, the agency of jurisdiction's rules, and relevant and appropriate provisions of CERCLA and the NCP.

(c)   Contribution to local community revitalization. The borrower/grantee shall submit documentation to support its position that the cleanup of a particular site will significantly contribute to local community revitalization.

(d)   Environmental compliance history. A borrower/grantee must submit information regarding its overall environmental compliance history. The DEQ will strongly consider this history in its analysis of the borrower/grantee as a cleanup and business risk. Each borrower/grantee must certify that it is not currently, nor has it been, subject to any penalties resulting from environmental non-compliance at the site subject to the loan. An entity that has been suspended, debarred or otherwise declared ineligible, as those terms are defined in 40 CFR Part 32, cannot be a borrower/grantee.

[Source: Added at 28 Ok Reg 89, eff 9-17-10 (emergency); Added at 28 Ok Reg 649, eff 7-1-11]