N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-4.4

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

Section 375-4.4 - Applications

(a) Application submittal.

(1) Applications shall be submitted to the department in such form and manner, and containing such information as the department may require. An application:

(i) may be submitted for either an investigation or a remediation project; and

(ii) the form, including all attachments, must be submitted both in hard copy and in an electronic format acceptable to the department.

(2) A complete application shall contain information relative to the site necessary to determine site eligibility in accordance with section 375-4.3 of this Subpart.

(3) The application must demonstrate that the project is intended to result in a benefit to the environment and in either, an economic benefit to the State, or a public recreational use.

(4) The application shall be signed by the individual authorized to sign on behalf of the municipality, and include the following certifications:

(i) the municipality has not generated, transported or disposed of, arranged for, or caused the generation, transportation or disposal of any contaminant on that site;

(ii) the municipality will not undertake any indemnification obligation respecting a party responsible under law for the remediation of the site, and, if the municipality leased such site to another party that generated, transported or disposed of, or that arranged for or caused the generation, transportation or disposal of, any contaminant on such site, the municipality did not know that such other party generated, transported or disposed of, or arranged for or caused the generation, transportation or disposal of, such contaminant or so knew and took action to remediate, or cause the remediation of such contaminant;

(iii) no other funding sources currently exist to undertake the project except the municipality's and those other sources identified in this application; and

(iv) all statements made for the purpose of obtaining State assistance for the proposed project either are set out in full on the application, or are set out in full in exhibits attached to the application and incorporated by reference.

(5) If at the time of application for a remediation project, the department has not issued a record of decision, the municipality must:

(i) provide sufficient information for the department to develop a proposed remedial action plan and assist the department with any necessary citizen participation activities; or

(ii) if a complete remedial investigation and alternatives analysis has not been completed, complete the investigation and alternatives analysis prior to its application being processed by the department.

(b) Complete applications.

(1) The department will review applications to determine whether the application is a complete application, as follows:

(i) an application shall be complete when the department determines that it contains information addressing each application requirement of the statute and this Subpart and contains all information necessary to initiate formal processing of the application; or

(ii) if the department determines that the application is not a complete application, it will so notify the municipality and identify the deficiencies.

(2) For investigation projects, the department may enter into State assistance contracts to the extent monies are available. Such contracts will be entered into based upon the order of receipt of a complete application.

(3) For remediation projects, the department may enter into State assistance contracts to the extent monies are available. The department will prioritize complete applications according to a priority ranking score. The department will assign a priority ranking score to each complete application based upon the total points assigned as set forth in paragraph (4) of this subdivision.

(4) The department will assign priority ranking score points to the criteria applicable to scoring a remediation project, with the final priority ranking score being determined by adding the totals described in subparagraphs (i) through (iv) of this paragraph and then subtracting from that total the total from subparagraph (v) paragraph. The criteria and their associated scoring points are as follows:

(i) benefit to the environment; the department will assess a maximum of 50 points based on the nature and extent of contamination found in, on, or under, or emanating from, the site and the environmental and public health benefits associated with the site's expeditious remediation;

(ii) economic benefit to the State; the department will assess a maximum of 50 points based on the site's expeditious remediation to enhance its marketability, on its location in an economically distressed area, and on its potential for State and local tax revenue generating activities;

(iii) potential opportunity for public recreational use; the department will assess a maximum of 50 points where the municipality has legally committed itself to implement a specific public recreational use of the site;

(iv) location in a brownfield opportunity area designated as set forth in GML 970-r; the department will assess a maximum of 25 points if the site is located in a designated brownfield opportunity area; and

(v) opportunity for other sources to fund the project, where available; the department will assess a maximum of 15 points under this criterion.

(c) Application approval.

(1) Approval of an application for State assistance to undertake an investigation project does not bind the department to approve State assistance to undertake a remediation project nor to provide any assurance of approval or availability of funds for remediation.

(2) If the field work for a project for which State assistance is provided is not initiated within 12 months of the department's approval of its application, or such other time period as the department may approve, the municipality will be notified in writing of its failure to implement the project, the project will be removed from the approved list, and the department will reallocate monies allocated to the removed project for other complete applications.

(3) Approval of the application entitles the municipality to the liability protections and benefits as set forth in ECL 56-0509; subject to the conditions set forth at section 375-4.9(a) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-4.4