NY Env Conserv L § 27-1417 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 14 - Brownfield Cleanup Program 27-1417 - Citizen Participation.

§ 27-1417. Citizen participation.   1.  Citizen  participation  handbook. The commissioner shall prepare a citizen participation handbook for the purpose of providing guidance  to applicants  in  the  design  and  implementation  of  meaningful citizen participation plans consistent with the requirements of this section for the remediation of brownfield sites as  provided  in  this  title.  Such handbook  shall encourage citizen involvement by outlining opportunities and  recommended  methods  for  effective  citizen  participation.   The commissioner  shall  make  such handbook available to all applicants and other interested members of the public upon request and  shall  make  it available on the department's website.   2.  Citizen  participation  plans.  (a)  The  design  of  any  citizen participation plan, including the level of citizen involvement  and  the tools  utilized,  shall  take  into  account  the scope and scale of the proposed  remedial  program,  local  interest  and  history,  and  other relevant  factors.  While  retaining  flexibility, citizen participation plans shall  embody  the  following  principles  of  meaningful  citizen participation:  (1)  opportunities for citizen involvement should be provided as early as possible in the decision making process prior to the selection  of  a preferred course of action by the department and/or the applicant.  (2)  activities  proposed  in such plan should be as reflective of the diversity of interests and perspective found  within  the  community  as possible,  allowing the public the opportunity to have their views heard and considered, which may include opportunities for two-way dialogue.  (3) full, timely, and accessible disclosure and sharing of information by  the  department  shall  be  provided,  including  the  provision  of technical data and the assumptions upon which the analyses are based.  (b)  All  citizen  participation  plans  shall  include  the following minimum elements:  (1) identification of the  interested  public  and  preparation  of  a brownfield site contact list;  (2)  identification  of  major issues of public concern related to the brownfield site;  (3) a description and  schedule  of  public  participation  activities required pursuant to this section; and  (4)  a description and schedule of any additional public participation activities needed to address public concerns.   3. Citizen participation requirements. (a) In addition to  the  formal milestones  listed  below,  the  public may provide comments at any time during the remedial program.  (b) The person submitting a request for participation, in  cooperation with  the  department,  shall provide a newspaper notice of the person's request to participate in the program. The person, in  cooperation  with the department, shall also provide notice thereof to the brownfield site contact  list. Such notice shall provide for a thirty day public comment period following publication.  (c)  Before  the  department  finalizes  the  remedial   investigation workplan, the applicant, in cooperation with the department, must notify individuals  on  the  brownfield  site  contact  list. Such notice shall include a fact sheet describing such plan and provide for a  thirty  day public comment period.  (d)  Before  the department approves a proposed remedial investigation report, the department, in consultation with the applicant, shall notify individuals on the brownfield  site  contact  list.  Such  notice  shall include a fact sheet describing such report.  (e) Upon the department's determination of significant threat pursuant to  section 27-1411 of this title, the department must provide notice to  individuals on the brownfield  site  contact  list.  Such  notice  shall include   a   fact  sheet  describing  the  basis  of  the  department's determination.  (f)  Before  the department finalizes a proposed remedial work plan or makes a determination that site conditions meet the requirements of this title without the necessity for remediation pursuant to section  27-1411 of  this title, the department, in consultation with the applicant, must notify individuals on the brownfield  site  contact  list.  Such  notice shall  include  a  fact  sheet  describing  such  plan and provide for a forty-five day public comment period.  The  commissioner  shall  hold  a public   meeting   if  requested  by  the  affected  community  and  the commissioner has found that the site constitutes a significant threat to the public health or the environment. Further,  the  affected  community may  request  a  public  meeting  at  sites  that  do  not  constitute a significant threat. (1) To the extent that the department has determined that site conditions do not pose a significant threat and  the  site  is being  addressed  by  a  volunteer,  the  notice  shall  state  that the department has determined  that  no  remediation  is  required  for  the off-site  areas and that the department's determination of a significant threat is subject to this forty-five day  comment  period.  (2)  If  the remedial  work  plan  includes a Track 2, Track 3 or Track 4 remedy at a non-significant threat site, such comment period shall apply both to the approval of the alternatives analysis by the department and the proposed remedy selected by the applicant.  (g) Before the applicant  commences  construction  at  the  brownfield site,  the  applicant, in cooperation with the department, shall provide notice to the individuals on the brownfield site contact list.  (h) Before  the  department  approves  a  proposed  final  engineering report,  the department, in consultation with the applicant, must notify individuals on such contact list. Such notice shall include a fact sheet describing  the  brownfield  site   report,   including   any   proposed institutional or engineering controls.  (i)  Within ten days of the issuance of a certificate of completion at a site which will utilize institutional  or  engineering  controls,  the applicant,  in  cooperation with the department, shall provide notice to the brownfield site contact list. Such notice shall include a fact sheet describing such controls.   4.  Technical  assistance  grants.   (a)  Within   the   limits   of appropriations  made  available  pursuant  to paragraph j of subdivision three  of  section  ninety-seven-b  of  the  state  finance   law,   the commissioner  is  authorized  to  provide  grants  to any not-for-profit corporation exempt from taxation under section 501(c)(3) of the internal revenue code at any site determined to pose a significant threat by  the department  and  which  may  be  affected  by a brownfield site remedial program. To qualify to receive such assistance, a community  group  must demonstrate   that  its  membership  represents  the  interests  of  the community affected  by  such  site.  Furthermore,  the  commissioner  is authorized  to  direct  any  applicant  who  is  a responsible party, as defined in section 27-1313 of this article, to provide such grants. Such grants shall be known as technical assistance grants and may be used  to obtain  technical  assistance in interpreting information with regard to the nature of the hazard posed by  contamination  located  or  emanating from  a  brownfield site or sites and the development and implementation of a brownfield site remedial program or programs. Such grants may  also be  used  to hire health and safety experts to advise affected residents on any health assessments and for the education of  interested  affected community  members to enable them to more effectively participate in the remedy selection process. Grants awarded under this section may  not  be  used  for  the  purposes  of  collecting  field sampling data, political activity or lobbying legislative bodies.  (b)  The amount of any grant awarded under this section may not exceed fifty thousand dollars at any one site.  (c) No  matching  contribution  from  the  grant  recipient  shall  be required  for  a  technical assistance grant. Following a grant award, a portion of the grant shall be made available to the grant recipient,  in advance of the expenditures to be covered by the grant, in five thousand dollar installments.