N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-4.2

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

Section 375-4.2 - Definitions

(a) Alternatives analysis means a study undertaken to develop and evaluate options for remedial action, emphasizing data analysis.

(b) Change of use means the transfer of title to all or part of property subject to an environmental restoration project, the erection of any structure on such property, the creation of a park or other public or private recreational facility on such property, any activity that is likely to disrupt or expose hazardous substances or to increase direct human exposure, or any other conduct that will or may tend to significantly interfere with an ongoing or completed environmental restoration project.

(c) Community-based organization means a not-for-profit corporation, exempt from taxation under section 501(c)(3) of the Internal Revenue Code whose stated mission is promoting reuse of brownfield sites within a specified geographic area in which the community-based organization is located, which has 25 percent or more of its board of directors residing in the community in such area; and represents a community with a demonstrated financial need. Community-based organization shall not include any not-for-profit corporation that has caused or contributed to the release or threatened release of contamination from or onto the brownfield site, or any not-for-profit corporation that generated, transported, or disposed of, or that arranged for, or caused, the generation, transportation, or disposal of contamination from or onto the brownfield site. This definition shall not apply if more than 25 percent of the members, officers or directors of the not-for-profit corporation are or were employed by or receiving compensation from any person responsible for a site under ECL article 27, title 13 or NL article 12 or under applicable principles of statutory or common law liability.

(d) Cost means the cost of an approved project, which shall include appraisal, surveying, engineering and architectural services, plans and specifications, consultant and legal services, construction and other direct expenses incident to such project, less any assistance from a responsible party or otherwise.

(e) Disposition of the restoration site means the leasing or the transfer of title interest in the site through sale or other means.

(f) Municipality means a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian Nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York State, or any combination thereof. Except that such term shall not refer to a municipality that generated, transported, or disposed of, arranged for, or that caused the generation, transportation, or disposal of hazardous substance located at real property proposed to be investigated or to be remediated under an environmental restoration project. For purposes of this Subpart, the term municipality includes a municipality acting in partnership with a community based organization.

(g) Public recreational use means a use for public purposes or for public recreational purposes.

(h) Restoration investigation project means a project, undertaken in accordance with the requirements of this Subpart, to investigate contamination located in, on, or emanating from real property held in title by a municipality, or under a temporary incidents of ownership set forth in ECL 56-0508.

(i) Restoration remediation project means a project, undertaken in accordance with the requirements of this Subpart, to remediate contamination located in, on, or emanating from real property held in title by a municipality.

(j) State assistance means in the case of a State assistance contract authorized by ECL 56-0503(1) and section 375-4.5 of this Subpart, payments made to a municipality to reimburse the municipality for the State share of the costs incurred by the municipality to undertake an environmental restoration project.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-4.2