The SBA Lender does not approve or disburse where contamination is known or remediation ongoing unless the risk is minimized to SBA's satisfaction, submitting (non-delegated) a recommendation covering the nature and extent of contamination, remediation method, status, cost, completion date, responsible and paying persons, collateral value and controls, and relying on at least one mitigating factor: an unmodified, recorded SBA Environmental Indemnification Agreement from a financially capable third party (not the Applicant or OC), submitted to SBA before funding where required; completed remediation with a first year of clean monitoring and compliance with continuing obligations; a no further action or closure letter; minimal contamination remediated within one year under a named professional; an adequate government clean-up fund; an escrow of at least 150% of estimated cost (not from loan proceeds) held by the lender only as trustee; contamination from another site with remediation by a capable party, a state safe harbour or a government assurance; or additional collateral or equity. Reliance on other factors alone needs Environmental Committee clearance even for delegated lenders.
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.