§ 43-1403 Eligibility.
RCNY § 43-1403
a. Ineligible sites. Any real property that does not meet the definition of a qualified local brownfield site shall be ineligible for the City voluntary cleanup program. b. Ineligible parties. A person is ineligible for participation in the City voluntary cleanup program if the person is subject to: 1. A pending action or proceeding relating to the qualified local brownfield site in any civil or criminal court in any jurisdiction, or before any city, state or federal administrative agency or body, wherein the city, state or federal government seeks penalties, including those for natural resource damage claims, or the investigation, removal, or remediation of contamination; 2. An order providing for the investigation, removal, or remediation of contamination relating to the proposed qualified local brownfield site; or 3. An agreement or stipulation providing for the investigation, removal, or remediation of contamination relating to the proposed qualified local brownfield site, except where the proposed qualified local brownfield site is a coordinated brownfield site. c. Public interest consideration. The office may reject an application to participate in the City voluntary cleanup program upon a determination that the public interest would not be served by granting such application. In making this determination, the office shall consider, but is not limited to, the complexity of the remedial work, the degree of on-site and off-site contamination, and, for sites that would require significant office staff resources to oversee, the availability of staff resources to oversee the project. (Amended City Record 12/28/2015, eff. 1/27/2016)
