N.Y. Environmental Conservation Law § 27-1403: Declaration of policy and findings of fact

§ 27-1403. Declaration of policy and findings of fact.

The legislature hereby finds that there are thousands of abandoned and

likely contaminated properties that threaten the health and vitality of

the communities they burden, and that these sites, known as brownfields,

are also contributing to sprawl development and loss of open space. It

is therefore declared that, to advance the policy of the state of New

York to conserve, improve, and protect its natural resources and

environment and control water, land, and air pollution in order to

enhance the health, safety, and welfare of the people of the state and

their overall economic and social well being, it is appropriate to adopt

this act to encourage persons to voluntarily remediate brownfield sites

for reuse and redevelopment by establishing within the department a

statutory program to encourage cleanup and redevelopment of brownfield

sites. All remedies shall be fully protective of public health and the

environment including, but not limited to, groundwater according to its

classification pursuant to section 17-0301 of this chapter. A remedial

program that achieves a permanent cleanup of a contaminated site,

including the restoration of groundwater to its classified use, is to be

preferred over a remedial program that does not do so. It is the intent

of the legislature that the provisions of this brownfield cleanup

program shall not be construed as limiting or otherwise affecting any

authority conferred upon the department by any other provision of law.