A project on a closed municipal landfill may be able to qualify as a brownfield site photovoltaic site project as long as it meets the qualification requirements in Sections IV and V of the RFP Rules. In particular, to qualify a brownfield site photovoltaic site the Bidder must indicate whether the project site is an area that is regulated by one of the following entities under the following “programs”: (i) US EPA under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended; (ii) US EPA under the Corrective Action Program of the federal Resource Conservation and Recovery Act (“RCRA”), as amended; (iii) IEPA Solid Waste Program; (iv) IEPA Site Remediation Program. Or the project site must be located at the site of a coal mine that has permanently ceased coal production, permanently halted any re-mining operations, and is no longer accepting any coal combustion residues.

If the project site is regulated by one of the programs listed above, the bidder must submit sufficient documentation, dated no earlier than 25 years prior to the bid date, to demonstrate regulation under the program. Please see paragraph IV.5.4 for a list of sufficient documentation. The Procurement Administrator may consider other forms of documentation provided by the Bidder to demonstrate regulation under the above programs if appropriate. Additional documentation is required for Projects regulated by the IEPA SRP as described in paragraph IV.5.5. If the project site is located at the site of a coal mine that has permanently ceased coal production, permanently halted any re-mining operations, and is no longer accepting any coal combustion residues, the bidder must meet the requirements described in paragraph IV.5.6.