N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-3.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 375-3.4 - Applications

(a) Application contents.

(1) Applications to participate in the Brownfield Cleanup Program shall be submitted to the department in such form and manner, and containing such information as the department may require.

(2) Applications, including attachments, must be submitted both in hard copy and electronically.

(b) Complete applications.

(1) An application will be deemed complete when the department determines that it contains sufficient information to allow the department to determine eligibility and the current, intended and reasonably anticipated future land use of the site.

(2) The department shall notify the requestor in writing within 10 days after the receipt of an application whether such application is complete. Such notification shall advise that the application is either:

(i) complete; or

(ii) incomplete, specifying the information that must be submitted or supplemented to make the application complete.

(3) If the department determines that an application is incomplete, the department may return the application.

(4) Upon the receipt of an application:

(i) the department will notify the administrator of the New York Environmental Protection and Spill Compensation Fund of the complete application; and

(ii) the administrator, as set forth in ECL 27-1407(4), shall notify the department and requestor within 30 days of such notice of any outstanding claim by the New York Environmental Protection and Spill Compensation Fund against the requestor.

(5) Upon the determination that an application is complete, the requestor must provide a:

(i) newspaper notice of the application and any associated work plans or reports submitted with the application, as set forth in section 375-3.2(f) of this Subpart; and

(ii) written notice of the application and any associated work plans or reports submitted with the application to the site contact list.

(6) Upon the determination that an application is complete, the department will:

(i) commence a public comment period of 30 days, unless a remedial work plan is submitted with such application, in which event the public comment period shall be 45 days; and

(ii) place a notice in the Environmental Notice Bulletin of the complete application.

(c) Application approval. The department shall use all best efforts to expeditiously notify the requestor if the application is accepted or rejected.

(1) For an application, or an application which includes a remedial investigation work plan. The department will use all best efforts to reply within 45 days after receipt of an application, or five days after the close of the public comment period, whichever is later.

(2) For an application which includes a final investigation report or a draft remedial work plan. The department will use all best efforts to reply within 60 days after receipt of an application, or five days after the close of the public comment period, whichever is later.

(d) Public interest consideration. The department may reject a request to participate in the Brownfield Cleanup Program, even if the real property meets the definition of brownfield site, upon a determination that the public interest would not be served by granting such request. In making this determination, the department shall consider, but is not limited to, the criteria set forth in ECL 27-1407(9).

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-3.4