Arkansas Department of Environmental Quality (ADEQ)

ADEQ has established a Brownfields Program to address properties with either real or perceived hazardous substance contamination. Individuals, companies, and real estate developers who did not cause or contribute, through act or omission, to the contamination and who wish to purchase one of these abandoned or underutilized properties may enter into an agreement with the Department for the cleanup, if required, and redevelopment of property. Based on the terms of the agreement, the purchaser of the property will be able to define the financial obligations early in the process and, after approval from the Department, will not be responsible for fines or penalties related to past contamination identified in a comprehensive site assessment to be completed by the participant. Lending institutions will also be able to quantify financial risks associated with foreclosing on a contaminated property and will not be considered responsible parties after foreclosure if they did not participate in the prior management of a facility on the property. By this program, the Department hopes to encourage the development of brownfields as a sustainable land use policy and to discourage the development of greenfields or pristine land in the state of Arkansas.