N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-2.10

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

Section 375-2.10 - Citizen participation

(a) The department will require that opportunities for public involvement be included in the development and implementation of an inactive hazardous waste disposal site remedial program, as set forth in this subdivision and section 375-1.10 of this Part.

(b) This section applies to all inactive hazardous waste disposal site remedial programs, whether implemented by the department or by a remedial party.

(c) The department will communicate with, and solicit the views of, all interested parties. To accomplish this, at the appropriate time, the department will take the actions identified in paragraphs (1) through (3) of this subdivision.

(1) Mail to those on the site contact list a notice and brief analysis of the proposed remedy, which includes sufficient information to provide a reasonable explanation of that proposed remedy, including but not limited to, a summary of the department's reasons for preferring it over other remedial alternatives considered and the construction and site management requirements of the proposed remedy.

(2) Provide a 30-day period for submission of written and oral comments, including an opportunity for submission of oral comments at a public meeting on the proposed remedy near the site.

(3) Summarize the written and oral comments received during the comment period and make the summary available to the public upon issuance of the record of decision.

(d) The department may require the mailing of additional notices and/or fact sheets to those on the site contact list.

(e) All final documents, notices and fact sheets developed for the remedial program will be made available in the document repository.

(f) For interim remedial measures, the department will not require citizen participation activities unless the scope of the IRM is likely to represent the remedy or a significant portion of the remedy, in which event the department will require a 30-day comment period.

(g) Technical assistance grants may be made to qualifying community groups for inactive hazardous waste disposal sites classified as class 1 or class 2 on the Registry.

(1) Grants may be used:

(i) to obtain technical assistance in interpreting information with regard to the nature and extent of contamination at, or emanating from, the site and the hazard to public health and the environment posed by contaminants located at or emanating from the site;

(ii) to hire health and safety experts to advise affected residents on any health assessments or the hazard, or potential hazard, to life or health resulting from the contaminants at the site; or

(iii) for the training and education of interested affected community members to enable them to more effectively participate in the remedy selection process.

(2) Grants may not be used for the purposes of:

(i) collecting field sampling data;

(ii) political activity;

(iii) lobbying legislative bodies; or

(iv) litigation purposes.

(3) Qualifying community groups. A community group must meet the following criteria to be eligible:

(i) be either a domestic not-for-profit corporation as defined at N PCL 102 (a)(5) or an authorized foreign not-for-profit corporation as defined at N PCL 102 (a)(7);

(ii) be exempt from taxation under section 501(c)(3) of the Internal Revenue Code. In determining this criterion, the department may consider any evidence which could be considered by a court pursuant to CPLR 3211(a)(11);

(iii) be affected by a remedial program for such site;

(iv) not be sustained by or controlled by or affiliated with any person that is a responsible party for such site according to applicable principles of statutory or common law liability; and

(v) demonstrate that its membership resides in the community and represents the interests of the community affected by such site. In determining this criterion, the department may consider any evidence that its members' health, economic well-being or enjoyment of the environment are potentially affected by such site.

(4) Grant amounts. The total amount of all technical assistance grants awarded for a particular class 1 or 2 inactive hazardous waste disposal site is limited to $50,000. The amount of each technical assistance grant:

(i) will be determined by the department based upon the scope of work in the application; and

(ii) the grant recipient may request increases to its grant, up to the maximum $50,000 per site. The request should be in writing and include appropriate justification and a budget.

(5) Grant applications. A community group desiring to obtain a grant shall submit an application to the department in such form and manner, and containing such information as the department may require. A complete application consists of:

(i) a completed application form containing such information as the department may prescribe; and

(ii) a certification by a responsible officer of the corporation, in a form provided by the department, which certifies at a minimum that:

(a) the corporation is not sustained by or controlled by or affiliated with any person that is a responsible party for the site according to applicable principles of statutory or common law liability;

(b) all statements made for the purpose of obtaining a grant either are set out in full on this application or are set out in full in exhibits attached to this application and incorporated herein by reference;

(c) all information included in this application, including attachments, is accurate and complete to the best of the responsible officer's knowledge;

(d) that the undersigned is authorized to execute this application for the corporation; and

(e) acknowledges that a false statement made in the certification is punishable as a class "A" misdemeanor pursuant to section 210.45 of the Penal Law.

(6) A technical assistance grant shall be made by the department pursuant to a State assistance contract between the department and the grant recipient as set forth in section 375-2.5(c) of this Subpart. All such grants are recoverable State costs subject to recovery from responsible parties.

(7) The department may require a responsible party to provide a technical assistance grant up to an aggregate maximum of $50,000 per site directly to a qualifying community group. Such responsible party shall provide for a grant consistent with the requirements of this subdivision within a time frame directed by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-2.10