Brownfield Cleanup Program
Patrons of a new restaurant in
Poughkeepsie are treated to scenic
views of the Hudson River. Once home
to several industrial facilities, this site
was cleaned up under the BCP.
The Brownfield Cleanup Program (BCP) was authorized in statute under Title 14 of Article 27 of the Environmental Conservation Law as part of the 2003 Superfund/Brownfield Law. The goal of the BCP is to enhance private-sector cleanups of brownfields and to reduce development pressure on "greenfields". A brownfield site is real property, the redevelopment or reuse of which may be complicated by the presence or potential presence of a contaminant. Contaminants include hazardous waste and/or petroleum. Under the BCP, cleanups are fully protective of public health and the environment.
Brownfield Cleanup Program Eligibility Determination Guidance
The New York State Department of Environmental Conservation (the "Department") published a Draft Program Policy entitled Draft Brownfield Cleanup Program Eligibility Determination Guidance which is incorporated into the Brownfield Cleanup Program Guide ("BCP Guide" 59 page PDF, 182 KB) as Section 2 entitled "Eligibility (March 2005)." (4 page PDF, 16 KB)
This section of the overall BCP Guide is intended to provide guidance as to the manner by which the Department will make a determination as to whether a particular piece of property is eligible for participation in the Brownfield Cleanup Program. It sets forth factors that the Department will consider in conjunction with an eligibility determination, to the extent such factors are relevant to the property that is the subject of the application.
This guidance is not intended to create any substantive or procedural rights enforceable by any party in administrative or judicial litigation with the State of New York and the Department reserves the right, in its sole discretion, to act at variance with this guidance.
Draft Certificate of Completion
The Department has prepared a draft Certificate of Completion (3 page PDF, 15 KB) to be issued to eligible parties under the Brownfield Cleanup Program. The Certificate of Completion will be issued upon a determination that either 1) the final engineering report is approved; or, 2) a no further action decision document is issued. The Certificate of Completion provides liability protections in the above program and will trigger the availability of tax credits for eligible parties. The Certificate of Completion also allows the Certificate holder to redevelop the site, subject to certain restrictions, if applicable. The Certificate also may be modified or revoked by the Department, subject to certain reopeners.
How to Apply
Download the Brownfield Cleanup Program Application and Instructions. (10 page PDF, 270 KB)
To add a party to an existing BCP Agreement and/or Application, download the BCP Amendment Application for Change in Party. (3 page PDF, 78 KB)
Please review the list of application deficiencies to avoid filling out the application incorrectly.
Point of Contact
For additional information regarding the Brownfield Cleanup Program contact your Regional Program Contact.
More about Brownfield Cleanup Program:
- Ineligible RCRA Permitted Sites - RCRA sites that are subject to a permit issued pursuant to ECL Article 27, Title 9 are ineligible for the Brownfield Cleanup Program regardless of whether it otherwise meets the definition of brownfield site.
- Brownfield Site Certificates of Completion - The DEC issues Certificates of Completion for Brownfield Cleanup Program sites in accordance with Chapter 1 of the Laws of 2003 established the Brownfield Cleanup Program.
- Brownfield Cleanup Program Summary - New York State's Voluntary Cleanup Program spurs the redevelopment and reuse of contaminated properties.
- Brownfield Cleanup Agreements - Division of Environmental Remediation - BCP Fact Sheet - Brownfield Cleanup Agreements. A BCA is required for all parties who wish to participate in the Brownfield Cleanup Program.
- Common Deficiencies in Brownfield Cleanup Applications - This page identifies six items commonly left out of or incorrectly presented on applications for the Brownfield Cleanup Program
- New York State Amicus Brief - This page presents a brief, as well as a link to a memorandum of law of New York state as Amicus Curiae in opposition to the defendants'( ECI Liquidating, Inc., et al.) motion to dismiss.
