§ 43-1404 Applications.
RCNY § 43-1404
a. Pre-application. A person interested in applying to the City voluntary cleanup program shall request a pre-application meeting with the office. At the pre-application meeting, the person and representatives of the office shall discuss the suitability of the property for participation in the program. Following the meeting, the office may issue a pre-enrollment letter stating its intent to work with the applicant on the development of a complete application and to consider its eligibility for acceptance of the site into the program. Following the meeting and prior to the applicant submitting an application, the office shall assist the applicant in the applicant's performance of all activities necessary to develop a complete application. Such activities shall include, but not be limited to, scoping of the remedial investigation work plan, review of the results of the remedial investigation and development of the remedial investigation report, scoping of the remedial action work plan, and development of a citizen participation plan. b. Timing of application. The applicant shall submit an application after a remedial investigation report and remedial action work plan have been prepared, provided that at the office's discretion, an applicant may apply to the program with only a remedial investigation work plan. However, the office may not accept a site into the program until the applicant submits a completed remedial investigation report that demonstrates eligibility for the program. c. Application contents.
1.Applications to participate in the City voluntary cleanup program shall be submitted to the office in such form and manner and containing such information as the office may require.
2.Applications, including attachments, shall be submitted electronically.
3.Applications shall include (A) a completed application form, (B) a completed City voluntary cleanup agreement, pursuant to 43 RCNY § 43-1405, executed by the applicant, and (C) a remedial investigation report and a remedial action work plan or, when permitted or otherwise required by the office, a remedial investigation work plan.
4.Applications shall also include a citizen participation plan, a proposed document repository, a notice of the application and a draft fact sheet describing all work plans or reports submitted with the application. The notice of application and fact sheet must be approved by the office prior to release to the site contact list.
5.Applications shall state the basis for which the property meets the definition of a qualified local brownfield site. A. An application that states that a property meets the definition of a qualified local brownfield site based on 43 RCNY § 43-1402(uu)(1)(A) shall include a confirmation of such statement from a qualified environmental professional, made after the completion of the remedial investigation report. The office shall not execute a final City voluntary cleanup agreement for entry into the program without receipt of this confirmation. The office shall independently evaluate whether the property meets the definition of a qualified local brownfield site based on 43 RCNY § 43-1402(uu)(1)(A). B. An application that states that a property meets the definition of a qualified local brownfield site based on its meeting the definition of a coordinated brownfield site shall include a detailed statement setting forth the environmental conditions that are the basis for the site being a coordinated brownfield site. In addition to technical information regarding the environmental conditions, such statement shall specify whether the environmental conditions have already been reported to the state and/or federal government and whether the state and/or federal government has issued any approval or disapproval of any work plan at the site. The applicant shall include with the application copies of any and all documents concerning the federal and state involvement in the cleanup. d. General review and approval of application. The office shall review the application and notify the applicant whether the application is accepted or rejected.
