THE DEC POLICY SYSTEM New York State Department of Environmental Conservation

PROGRAM   POLICY Department ID: DER-1 (Revised) Program ID: DER-97-4058 (Revised) Title: ENVIRONMENTAL RESTORATION PROJECTS (BROWNFIELDS) Issuing Authority: Name: Michael J. O'Toole, Jr. Title: Director, Division of Environmental Remediation Signature:               Date: 12/22/97                /s/               Issuance Date: December 22, 1997 Originating Unit: Office/Division: Div. of Environmental Remediation Unit: Bureau of Program Management Phone: 518-402-9711 Latest Review Date (Office Use):

Abstract: This document provides guidance in relation to the Environmental Restoration Projects (Brownfields), Site Investigations and Remediations, part of the Clean Water/Clean Air Bond act of 1996.

Related References:

1. Environmental Conservation Law, Article 56
2. 6 NYCRR 375
3. 6 NYCRR 597

I. PURPOSE

The purpose of the attached guidance documents for the Environmental Restoration Projects, or Brownfield, Program is to explain the procedure for a municipality to apply for investigation or remediation grants, describe the processing of those applications by Department of Environmental Conservation (DEC) staff, and explain the program's technical and administrative requirements.

II. BACKGROUND

The Clean Water/Clean Air Bond Act of 1996 was proposed by Governor Pataki and passed by the New York State Legislature in July 1996. Approved by the voters in November 1996, this $1.75 billion Bond Act allows funding for a variety of programs, including clean water projects, safe drinking water projects, solid waste initiatives, air quality projects and environmental restoration projects.

The passage of the Clean Water/Clean Air Bond Act established a $200 million Environmental Restoration Project fund. Known as the Brownfield Program, the fund will provide grants to municipalities for the investigation and/or remediation (cleanup) of municipally owned contaminated properties. These properties may then be marketed for redevelopment by the municipality or used by the municipality for a variety of activities including industrial, commercial, or public use. The program will be administered by the DEC. The Brownfield Program will provide reimbursement of up to 75% of the eligible costs for the investigation and/or remediation of a brownfield property. While the legislation provides the framework to implement the Brownfield Program, it is necessary to explain the application procedures and explain the program's technical and administrative requirements in more detail.

III. POLICY

The policy guidance documents to be used in implementing the Brownfield Program include the application form for investigation/remediation projects, the Procedures Handbook, a municipal authorization format, and a State Assistance Contract which are attached to this memorandum. The handbook provides guidance on a number of issues including a municipality's eligibility, application procedures, application processing, technical and administrative requirements, affirmative action requirements, eligibility of costs, and citizen participation requirements. The State Assistance Contract includes or references the program's legal requirements for Brownfield projects and will be the instrument used to provide reimbursement to a municipality.

These documents, included as attachments 1 through 4, will be made available to potential municipal applicants interested in the Brownfield Program. They will also be used as guidance by DEC staff to implement the program.

IV. RESPONSIBILITY

The responsibility for interpretation and update of these guidance documents and overall management of the Brownfield Program shall reside with the Division of Environmental Remediation.

V. PROCEDURE

1. Application Form
2. Procedures Handbook
3. Municipal Authorization Format
4. State Assistance Contract