DNRP > SWD > Brownfields > Who is Eligible?

Who is Eligible?

Private businesses and landowners are eligible for:

• Initial environmental site assessments
• In-depth environmental site assessments (under certain conditions, such as if the end use of the property will be for a public or nonprofit purpose)
• Cleanup assistance
• Low-interest loans for cleanup

Nonprofit organizations are eligible for:

• Initial environmental site assessments
• In-depth environmental site assessments
• Cleanup assistance
• Cleanup grants
• Low-interest loans for cleanup

Municipalities are eligible for:

• Initial environmental site assessments
• In-depth environmental site assessments
• Assessment grants
• Cleanup assistance
• Cleanup grants
• Low-interest loans for cleanup

Eligibility Requirements

Certain eligibility requirements apply to those seeking assistance from the Brownfields Program. In general, entities are eligible if:

• They did not cause or contribute to the contamination.
• They agree to enter into the Washington State Department of Ecology's Volunteer Cleanup Program (VCP), as appropriate, and are willing and able to take pro-active steps toward achieving site cleanup and obtaining a No Further Action letter.
• They agree to sign a release of information form regarding the property and the assistance provided.

In addition, eligible entities must qualify as one of the following three types of landowners:

1. A "bona fide prospective purchaser," which means that they acquired, or are planning to acquire, a contaminated property after January 11, 2002, and can establish that:
   
   • They made all appropriate inquiry into previous ownership and uses of the facilities.
   • The contamination occurred prior to acquisition.
   • All legal notices have been provided with regard to the contamination.
   • Appropriate care has been exercised with regard to the contamination.
   • They will provide full cooperation and access to those authorized to conduct assessment and response actions.
   • They are in compliance with land use restrictions and institutional controls.
   • They will comply with any information request or administrative subpoena under the U.S. Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
   • They are not affiliated in any way with anyone considered as potentially liable for cleanup.
2. A "contiguous property owner," which means that they own property that is contiguous to and may be contaminated by property owned by someone else, and can establish all of the items listed under Type 1 above.
3. An "innocent landowner," which means they made all appropriate inquiry into previous ownership and uses of the facilities prior to purchasing the property and subsequently found contamination and can establish all if the items listed under Type 1 above.

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