Document Citation: 6 NYCRR 375-3.11

Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 375. ENVIRONMENTAL REMEDIATION PROGRAM
SUBPART 375-3. BROWNFIELD CLEANUP PROGRAM

Date:
08/31/2009

Document:

§ 375-3.11 Miscellaneous

(a) Prohibitions. No person to whom a request has been made pursuant to ECL 27-1431 shall fail to comply therewith.

(b) State environmental quality review act applicability.

(1) Remedy selection and implementation of remedial actions under Department-approved work plans pursuant to ECL article 27, title 14 are not subject to review pursuant to ECL article 8 and its implementing regulation (6 NYCRR Part 617), provided that design and implementation of the remedy do not:

(i) commit the Department or any other agency to specific future uses or actions; and

(ii) prevent evaluation of a reasonable range of alternative future uses of or actions on the remedial site.

(2) In the event that the use of the site, as set forth in the remedy selection document for the site, changes during the implementation of the remedial program, the Department may make a new determination whether such remedial action remains protective of public health and the environment and, if the Department makes such a determination, it will require that the remedial action be modified to be protective of public health and the environment.

(3) The exemption set forth in this subdivision is in addition to, and not in place of, other exemptions that apply pursuant to Parts 617 or 618 of this title (e.g. the enforcement exemption).

(c) State funding.

(1) The Department may, in accordance with ECL 27-1411(5), expend moneys from the hazardous waste remedial fund established pursuant to SFL 97-b and/or from the New York environmental protection and spill compensation fund established pursuant to NL 179, as appropriate, to pay, in whole or in part, the State costs incurred in the development and implementation of a remedial program for off-site contamination at a brownfield site where:

(i) the applicant is a volunteer; and

(ii) the site presents a significant threat.

(2) All State costs incurred pursuant to paragraph (c)(1) above may be recovered from any person responsible according to applicable principles of statutory or common law liability other than the volunteer.