§ 5-337
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/md/economic-development/5-337A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–337.
(a)Notwithstanding any other provision of law, the Department may provide to a person, including a responsible person, a low-interest loan or grant to conduct the environmental site assessment of a potential brownfields site that is required to participate in the Voluntary Cleanup Program under Title 7, Subtitle 5 of the Environment Article, if the person:
(1)has not already applied to participate in the Program;
(2)is otherwise eligible to participate in the Program; and
(3)meets the eligibility requirements that the Department sets.
(b)The information contained in an environmental site assessment is:
(1)the property of the State, if the assessment is financed wholly or partly by:
(i)a grant from the Department; or
(ii)a loan that is in payment default; or
(2)the property of the person who contracted for the assessment, if the assessment is financed by:
(i)a loan from the Department; or
(ii)a grant that is repaid.
(c)Eligibility for a loan or grant for an environmental site assessment under this section does not constitute eligibility for:
(1)any other financial assistance under this subtitle; or
(2)the tax credits provided under § 9-229 of the Tax - Property Article.
(d)The recipient of a grant under this section shall repay the grant if, within 12 months after receiving the grant, the recipient does not receive approval from the Department of the Environment to:
(1)participate in the Voluntary Cleanup Program; or
(2)implement a corrective action plan under Title 4 of the Environment Article.
(e)A low-interest loan provided under this section shall convert to a market rate loan if, within 12 months after receiving the loan, the recipient does not receive approval from the Department of the Environment to:
(1)participate in the Voluntary Cleanup Program; or
(2)implement a corrective action plan under Title 4 of the Environment Article.
(f)The Department may establish procedures and eligibility requirements for the approval of requests for loans and grants under this section.