N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-3.7

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

Section 375-3.7 - Significant threat and registry determinations

(a) Significant threat.

(1) No later than 20 days after approval of the remedial investigation report, the department shall determine if the site constitutes a significant threat to public health or the environment.

(2) In evaluating whether the presence of contamination at a site constitutes a significant threat, the department shall consider the criteria outlined in section 375-2.7(a) of this Part. In considering the criteria, the department shall evaluate the threat posed by both hazardous waste and petroleum at the site.

(3) Notice of the department's determination shall be published by the applicant, as a fact sheet issued to the site contact list in accordance with section 375-3.10 of this Subpart. Sites that have been determined by the department to constitute a significant threat:

(i) may be the subject of a technical assistance grant in accordance with section 375-3.10(c) of this Subpart; and

(ii) must be remediated pursuant to a remedy selected by the department from a department-approved alternatives analysis prepared by the applicant.

(b) Registry determinations.

(1) The department will, upon approval of an application as set forth in section 375-3.4(c) of this Subpart, defer its assessment or reassessment of a brownfield site's classification in the Registry in accordance with section 375-2.7(c) of this Part.

(2) Upon termination of the brownfield site cleanup agreement, the department shall:

(i) if a significant threat determination has not been made, assess such site for a significant threat due to hazardous waste disposal and classify the site accordingly; or

(ii) if it has been determined that hazardous waste disposal constitutes a significant threat, the site will be classified on the Registry as set forth in section 375-2.7(b) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-3.7