The Commissioner shall determine whether to accept or reject an application to participate in the local brownfield cleanup program.
(a) The Commissioner shall reject the application if:
(1) The real property does not meet the definition of a local brownfield site as provided in Section 942.02 of this chapter;
(2) There is an action or proceeding relating to the local brownfield site against the applicant that is pending in any civil or criminal case in any jurisdiction, or before any city, State or Federal administrative agency or body, wherein the city, State or Federal government seeks penalties or the investigation, removal or remediation of contamination; or
(3) There is an order against the applicant providing for the investigation, removal or remediation of contamination relating to the local brownfield site.
(b) The Commissioner may reject the application if the Commissioner determines that the public interest would not be served by accepting the application.
(Ord. 9912-2014. Passed 5-7-14.)