N.Y. Environmental Conservation Law § 27-1437: BCP-EZ program

§ 27-1437. BCP-EZ program.

1. The department may promulgate regulations to implement a program

providing for the expedited investigation and/or remediation of

contamination at brownfield sites (BCP-EZ program), provided that:

(a) at the time of the application, the department has determined that

the brownfield site does not pose a significant threat pursuant to

section 27-1411 of this title;

(b) the applicant has waived in writing any claim for tax credits

pursuant to section twenty-one of the tax law on a form prescribed by

the department; and

(c) the activity is conducted in a manner which satisfies all

requirements applicable to like activity conducted pursuant to sections

27-1415 and 27-1417 of this title, except as provided in subdivision two

of this section and the time periods specified in paragraphs (b) and (c)

of subdivision three of section 27-1417 of this title.

2. For any site accepted into the BCP-EZ program pursuant to this

section with a remedial work plan identifying a Track 4 remediation, if

a contaminant is identified in soil in excess of the remedial action

objectives contained in an applicable generic table developed pursuant

to subdivision six of section 27-1415 of this title, the applicant may

use site-specific data to demonstrate to the department that the

concentration of the contaminant in the soils reflects background

conditions and, in that case, a contaminant-specific action objective

for such contaminant equal to such background concentration may be

established provided that such objective is protective of the public

health and the environment and is determined in a manner acceptable to

the department.

3. Upon the department's acceptance of the certification by the

applicant that the remediation requirements of this title, pursuant to

section 27-1419 of this title, have been achieved for the brownfield

site and an environmental easement, if necessary, has been created and

filed pursuant to title thirty-six of article seventy-one of this

chapter, a site in the BCP-EZ program shall be eligible to receive a

certificate of completion in accordance with section 27-1419 of this

title; provided, however, that such certificate of completion shall not

entitle the holder to any tax credits provided by section twenty-one of

the tax law.