NY Env Conserv L § 27-1409 (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 27-1409 - Brownfield Site Cleanup Agreement.

§ 27-1409. Brownfield site cleanup agreement.   The  agreement  shall  include,  but  not be limited to, the following provisions:   1. One describing the boundaries of the real property that is  subject to the brownfield site cleanup agreement;   2.  One  requiring:  (a)  the  participant  to  pay  for  state costs, including the recovery of state costs incurred before the effective date of such agreement; provided, however, that such costs may be based on  a reasonable  flat-fee  for  oversight,  which shall reflect the projected future state costs incurred in negotiating and overseeing implementation of such agreement; and  (b) with respect  to  a  brownfield  site  which  the  department  has determined  constitutes  a  significant  threat  to the public health or environment  the  department  may  include  a  provision  requiring  the applicant  to  provide  a  technical  assistance  grant, as described in subdivision four  of  section  27-1417  of  this  title  and  under  the conditions  described  therein,  to an eligible party in accordance with procedures established under such program, with the cost of such a grant incurred by a volunteer serving as an offset against such state costs;   3. One setting forth a process for resolving disputes arising from the evaluation, analysis, and oversight of the implementation  of  the  work plan as described;   4.  One  requiring  an indemnification provision which holds the state harmless from any claim, suit,  action,  and  cost  of  every  name  and description  arising  out  of  or  resulting  from  the  fulfillment  or attempted fulfillment of the agreement, except for those claims,  suits, actions,  and costs arising from the state's gross negligence or willful or intentional misconduct;   5. One authorizing the  department  to  terminate  a  brownfield  site cleanup  agreement  at  any  time  during  the  implementation  of  such agreement  if  the  applicant  implementing  such  agreement  fails   to substantially comply with such agreement's terms and conditions;   6.  One  stating that the department may exempt the applicant from the requirement to obtain any state or local permit or  other  authorization pursuant to section 27-1429 of this title;   7. One stating that the department shall not consider the applicant an operator  of  such  brownfield  site  based  solely  upon  execution  or implementation of such brownfield site cleanup agreement for purposes of remediation liability;   8. One requiring  that  the  applicant  conduct  investigation  and/or remediation  activities  pursuant  to  one  or more work plans which are approved by the department;   9. One requiring the  preparation  and  implementation  of  a  citizen participation  plan  consistent  with  the requirements of this title as soon as possible following execution of the agreement but no later  than prior  to  the preparation of a draft remedial investigation plan by the applicant which shall include a  description  of  citizen  participation activities already performed by the applicant and/or the department;   10.  One  requiring  a  waiver  by  the  applicant, effective upon the execution of the brownfield  site  cleanup  agreement,  any  right  such applicant  has or may have to make a claim against the state of New York pursuant to article twelve of the navigation law  with  respect  to  the brownfield  site, and a release of the New York environmental protection and spill compensation fund from any and all legal or  equitable  claims or causes of action that such applicant may have as a result of entering into a brownfield site cleanup agreement or fulfilling a brownfield site remedial program at such site; and    11.  The  inclusion  of  other  conditions considered necessary by the department concerning the effective and efficient implementation of this title;   12.  Nothing  in  this  section shall prohibit or limit the department from terminating a brownfield site cleanup agreement at any time  during its  implementation  if the applicant fails to comply substantially with such agreement's terms and conditions.