N.Y. Environmental Conservation Law § 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.