2023 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.