New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.5 - State assistance contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 addition to such further terms and conditions as the department may require in
					 the State assistance contract, the State assistance contract shall be deemed to
					 include, and the municipality shall comply with, all of the provisions set forth
					 in section
					 375-1.5(b)(1)
					 and (4)  of this Part.
(b) The State assistance contract will also be
					 deemed to include, and the municipality shall also comply with, the following
					 provisions:
(1) The municipality must not enter
					 into, or renew, a lease concerning, nor transfer title to, the site, or any
					 portion of it, until the municipality binds itself and its lessees and its
					 successors in title, to the following conditions that:
(i) the site is remediated under department
					 oversight in accordance with the department's record of decision and that the
					 site, or any subdivided parcel within the site, is not used for any purpose until
					 it is so remediated, except that the site may continue to be used for the purpose
					 for which it is being used as of the effective date of the State assistance
					 contract, if the department determines that the existing State of contamination
					 does not pose a risk sufficient to prohibit such use from continuing, giving due
					 regard for public health and environmental protection;
(ii) if, before the department issues a
					 certificate of completion, an environmental restoration project has not met the
					 remediation objectives in accordance with the department's record of decision for
					 the site, due to the municipality's disposition of all or a portion of such
					 property, such municipality shall be liable to ensure that such objectives are
					 attained within such time period as the department may require;
(iii) the site will not be used for any purpose
					 requiring a level of contamination lower than that serving as the basis for the
					 remediation identified in the record of decision;
(iv) any engineering or institutional controls,
					 or both such controls, that the department may deem necessary to allow the
					 contemplated use of the site to proceed will be imposed and maintained. The
					 municipality will cause the development of a plan, and submit such plan to the
					 department for its review and approval, to ensure that such controls are
					 continually maintained in the manner the department may require. The municipality
					 and its lessees and successors in title are prohibited from challenging the
					 imposition or continuance of such controls, and failure to implement the
					 department-approved plan or to maintain such controls constitute a violation of
					 the State assistance contract and for the duration of such failure, the liability
					 protections and benefits set forth in ECL 56-0509 will have no force and
					 effect;
(v) the department will have
					 access to the site, at times appropriate to the circumstances and subject to the
					 site health and safety plan, for purposes of ensuring that:
(a) the site is investigated or remediated in
					 accordance with the department-approved plans for the remedial investigation or
					 remediation;
(b) the site management
					 plan, where necessary for the remedy, including the operation, maintenance, and
					 monitoring requirements identified in section 375- 4.8(e)(8) of this Subpart is
					 being implemented satisfactorily;
(c)
					 the engineering and/or institutional controls, where necessary for the remedy,
					 identified in section
					 375-4.8(e)(8) 
					 of this Subpart are continually maintained in the manner the department may
					 require; and
(d) the department may
					 carry out any measures necessary to return the site to a condition sufficiently
					 protective of public health, in accordance with ECL 56-0509(4);
(vi) neither the municipality nor
					 any of its lessees or successors in title shall interfere with such access;
					 and
(vii) the municipality must make
					 this binding commitment by means of an environmental easement and/or lease
					 provisions, which provide that the department (in addition to the municipality)
					 may enforce the environmental easement and/or lease provisions, and that the
					 municipality shall record an environmental easement in accordance with the
					 requirements of ECL article 71, title 36 within 45 days of the receipt of notice
					 from the department that the environmental easement must be recorded.