1. (a) This part applies to:

   1. (1) A person who:

      1. (A) Is a prospective purchaser of an abandoned industrial, commercial, or agricultural property with known or suspected contamination, or who is a prospective purchaser of abandoned residential property;
      2. (B) Did not, by act or omission, cause or contribute to any release or threatened release of a hazardous substance on or from the identified abandoned site or is otherwise considered to be a responsible party pursuant to Arkansas Code § 8-7-512(a)(2) – (4); and
      3. (C) Will reuse or redevelop the property for industrial, commercial, agricultural, or residential uses which will sustain or create employment opportunities or otherwise augment the local and/or state economy and tax base, or both; or

   2. (2) A person who:

      1. (A) Is not a responsible party pursuant to Arkansas Code § 8-7-512(a)(2) – (4);
      2. (B) Submits a letter of intent to participate as provided for under 8 CAR § 82-107(d); and
      3. (C) Subsequently acquires title to an abandoned site prior to completion of an implementing agreement as set forth in Arkansas Code § 8-7-1104(d).

2. (b) This part shall not apply to a person who:

   1. (1) Is a current owner or operator;
   2. (2) Is a responsible party pursuant to Arkansas Code § 8-7-512(a)(2) – (4); or
   3. (3) Has demonstrated a pattern of uncorrected noncompliance.

3. (c) The following types of sites shall not be eligible for participation in the Brownfield redevelopment process:

   1. (1) Sites identified on the federal National Priorities List (NPL);
   2. (2) Sites that that have been submitted by the Division of Environmental Quality to the United States Environmental Protection Agency to be ranked for consideration of placement on the NPL;
   3. (3) Sites that are covered by a hazardous waste management (RCRA) permit;
   4. (4) Sites that operate under interim status authority pursuant to 8 CAR pt. 81, Hazardous Waste Management; and
   5. (5) Sites subject to a federal order under CERCLA or RCRA.

Codification Notes: “CERCLA” means the Comprehensive Environmental Response, Compensation, and Liability Act, which was enacted as Pub. L. No. 96-510. "RCRA" means the Resource Conservation and Recovery Act, which was enacted as Pub. L. No. 94-580.