§ 43-1404 — Applications

§ 43-1404 Applications.

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. 1. Upon receipt of an application, the office shall determine whether the application contains sufficient information for the office to determine eligibility for the program. The office shall make this determination during the initial public comment period and shall use its best efforts to render a determination within fourteen days of receipt of the application. If the application contains sufficient information, the office shall deem the application complete. 2. If the application is deemed to be incomplete, the office shall advise the applicant, specifying the information that must be submitted or supplemented to make the application complete. e. Admission into the City voluntary cleanup program. The office shall evaluate complete applications for eligibility and, if the applicant is eligible, shall admit the applicant into the program. 1. Qualified local brownfield sites that are not coordinated brownfield sites. If the office determines that a property meets the definition of a qualified local brownfield site based on 43 RCNY § 43-1402(uu)(1)(A) and the applicant meets all other conditions of eligibility pursuant to 43 RCNY § 43-1403, the office shall admit the applicant into the program. 2. Qualified local brownfield sites that are coordinated brownfield sites. When an applicant proposes a property as a coordinated brownfield site for entry into the City voluntary cleanup program, the following process shall apply: A. if the office determines that such property is a coordinated brownfield site, and if the applicant meets all other conditions of eligibility pursuant to 43 RCNY § 43-1403, the office shall admit the applicant into the program. For a coordinated brownfield site: i. the office shall coordinate investigation and remediation with the appropriate state or federal agency; and ii. the office shall not issue a notice of completion for such property until a notice is received from the applicable state and/or federal agency that the cleanup has been completed. B. if the office determines that such property is not a coordinated brownfield site because the state and/or federal agency has not provided express written authorization, and the office determines that a portion of such property may meet the definition of a qualified local brownfield site based on 43 RCNY § 43-1402(uu)(1)(A), the office may allow the applicant to amend its application to (i) describe the site boundaries, pursuant to 43 RCNY § 43-1405(a)(1), that meet the definition of a qualified local brownfield site based on 43 RCNY § 43-1402(uu)(1)(A), and (ii) comply with subparagraph A of paragraph five of subdivision c of this section. The office shall evaluate the modified application pursuant to paragraph one of this subdivision. i. If the applicant does not so modify the application, the office shall reject the application. ii. If the applicant does modify the application and the applicant is admitted into the program, the office subsequently may, upon request of the applicant or enrollee, amend the description of site boundaries in the City voluntary cleanup agreement to expand the boundaries of such qualified local brownfield site to include the remainder of such property or another portion of such property, provided that all investigation and remediation required by state or federal law to be supervised and/or approved by a state and/or federal agency have been completed on such property or such other portion of such property and appropriately documented in a remedial action report. C. if neither the provisions of subparagraphs A or B apply, the office shall reject the application. f. Citizen participation upon entering the City voluntary cleanup program. 1. Simultaneously with the submission of an application to participate in the City voluntary cleanup program, the applicant shall ensure that the document repository contains all relevant site documents and shall distribute an office-approved notice of application and an office-approved fact sheet describing any associated work plans or reports to the site contact list. Prior to submission of an application, applicants shall work with the office to obtain approval of the notice of application and fact sheet. The initial public comment period shall not begin until the applicant certifies that the office-approved notice of application and fact sheet have been distributed to the site contact list. 2. The office shall publish the notice of application in the city record. 3. The office may require, based on the size or scale of a project or the number of people who may be impacted by a project, that an enrollee publish the notice of application in a community newspaper. 4. The office reserves the right to require a second initial public comment period if a substantial change to an application occurs after the initial notice of the application is made to the site contact list according to paragraph 1 of this subdivision. (Amended City Record 12/28/2015, eff. 1/27/2016)