Section 24-904. Eligibility

The office shall determine whether to accept or
  reject an application to participate in  the  local  brownfield  cleanup
  program.
    (a) The office shall reject the application if:
    (1)  the  real  property  does  not  meet  the  definition  of a local
  brownfield site as provided in section 24-902 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
  court 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 office may reject the application  if  the  office  determines
  that   the  public  interest  would  not  be  served  by  accepting  the
  application.