§ 6643. Application process

A person shall apply to the Secretary for participation in the Program on a form determined by the Secretary accompanied by a nonrefundable application fee of $500.00. The application shall include:

(1) A preliminary environmental assessment of the property, a legal description of the property, a description of the physical characteristics of the property, the nature and extent of releases and threatened releases at the property, and the risks to human health and the environment presented by the releases or threatened release, and any other information requested by the Secretary.

(2) A description of the proposed redevelopment and use of the property.

(3) A certification that the applicant has given timely notification to the public that provides a reasonable opportunity for public comment to the Secretary regarding the information and material provided in subdivisions (2) and (3) of this section.

(4) A notarized certification, on a form provided by the Secretary, in which the applicant attests to all the following:

(A) Each person who would benefit from liability protection pursuant to section 6653 of this title has disclosed to the Secretary all information currently known to the person or in the person's possession or control that relates to releases or threatened releases of hazardous materials at the property.

(B) No person, including a principal, owner, director, affiliate, or subsidiary, who would benefit from liability protection pursuant to section 6653 of this title:

(i) currently holds or ever held an ownership interest in the property or in any related fixtures or appurtenances, except for either of the following:

(I) a secured lender's holding indicia of ownership in the property primarily to assure repayment of a financial obligation;

(II) an innocent current owner;

(ii) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property;

(iii) currently operates or controls or ever operated or controlled the operation at the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release;

(iv) disposed of, or arranged for the disposal of hazardous materials at the property;

(v) generated hazardous materials that were disposed of at the property. (Added 2007, No. 147 (Adj. Sess.), § 7.)