As a requirement of the Part 1 Proposal under the Brownfield and Utility-Scale Solar RFP, the Bidder must submit appropriate documentation, dated no earlier than 15 years prior to the Bid Date, to demonstrate that the site is regulated by one of the following four Programs: (i) the United States Environmental Protection Agency under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended; or (ii) the United States Environmental Protection Agency under the Corrective Action Program of the federal Resource Conservation and Recovery Act (“RCRA”), as amended; or (iii) the Illinois Environmental Protection Agency under the Illinois Solid Waste Program (“IEPA Solid Waste Program”); or (iv) the Illinois Environmental Protection Agency under the Illinois Site Remediation Program (“IEPA Site Remediation Program”).

The Bidder must submit appropriate documentation, dated no earlier than 15 years prior to the Bid Date.  The following documentation is sufficient:  (i) for CERCLA, a site assessment, remedy decision, cleanup plan, or similar document; (ii) for RCRA, a demonstration of the U.S. EPA requiring corrective action such as a permit application, administrative order, court order, or equivalent document; (iii) for the IEPA Solid Waste Program, a solid waste permit; and (iv) for the IEPA Site Remediation Program, a Site Investigation Report, or a Remedial Action Plan, or a Remedial Action Completion Report, or a No Further Remediation Letter.  Additional requirements apply to sites regulated by the IEPA Site Remediation Program.

The Procurement Administrator will consider other forms of documentation provided by the Bidder to demonstrate regulation under the above Programs; however, such documentation must also be dated no earlier than 15 years prior to the Bid Date.  Ultimately, if your Project does not satisfy the requirements for brownfield sites under this RFP, but your Project size is more than 2 MW (AC rating), then you may choose to participate as a utility-scale solar project instead.  The RFP Rules provide the differences in the requirements between the two Categories of Projects (brownfield site photovoltaic versus utility-scale solar).  Please note that Bids for the two Categories of Projects are evaluated separately; this implies that if you choose to participate as a utility-scale solar project, the price in your Bid will compete against the prices submitted by other utility-scale solar projects.