SEC. 49-35-25 Payment of costs; Brownfields Cleanup and Redevelopment Trust Fund; collection and use of funds; suspension of activities.
(1) The brownfield party who submits a brownfield agreement application shall pay all reasonable direct and indirect costs of the department associated with the processing of the brownfield agreement application and administration of the brownfield agreement less the advance costs required in subsection (2) of this section.
(2) A brownfield party who submits a brownfield agreement application for review by the department shall pay advance costs of Two Thousand Dollars ($2,000.00) at the time the application is submitted to the department.
(3) The commission shall set by order a schedule of costs for the processing of the brownfield agreement applications and the administration of brownfield agreements by the department.
(4) (a) There is created in the State Treasury a fund to be designated as the "Brownfields Cleanup and Redevelopment Trust Fund," referred to in this section as "fund," to be administered by the executive director.
(b) Monies in the fund shall be utilized to pay reasonable direct and indirect costs associated with the processing of the brownfield agreement applications and the administration of brownfield agreements.
(c) Expenditures may be made from the fund upon requisition by the executive director.
(d) The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the fund.
(e) The fund may receive monies from any available public or private source, including, but not limited to, collection of costs, interest, grants, taxes, public and private donations, judicial actions and appropriated funds.
(f) Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next succeeding fiscal year.
(5) All monies collected under this section shall be deposited into the fund.
(6) The commission may delegate to the department responsibility for the collection of costs in subsections (1) and (2) of this section.
(7) All costs under subsection (1) of this section shall be due before a date specified by the department in an invoice which shall be no less than thirty (30) days following the invoice date. If any part of the costs that are imposed is not paid within thirty (30) days after the due date, a penalty of up to twenty-five percent (25%) of the amount due may be imposed and be added to that amount. Any penalty collected under this section shall be deposited into the fund. If the department pursues legal action to collect costs incurred, reasonable attorney's fees and costs may be assessed against the delinquent party.
(8) Any person required to pay costs under this section who disagrees with the calculation or applicability of the costs may petition the commission for a hearing in accordance with Section 49-17-35. Any hearing shall be in accordance with Section 49-17-33.
(9) Costs collected under this section shall not supplant or reduce in any way the general fund appropriation to the department for the administration of this program.
(10) The department may suspend any activities or actions related to the processing of the brownfield agreement application or administration of a brownfield agreement, if the brownfield party or parties fails to pay any required costs or penalties imposed under this section.
(11) Nothing in this section affects any existing program at the department or affects any authority of the commission or department to take any action authorized by law.
Source: Laws, 1998, Ch. 528, § 13, SB 2989, eff July 1, 1998.