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Brownfield Cleanup Program - 2008/2009 Progress and Statistics

Watkins Glen Harbor Hotel
The Watkins Glen Harbor Hotel
on Seneca Lake was remediated
through the BCP. Photo courtesy
of the hotel.

The goal of the Brownfield Cleanup Program (BCP) is to enhance private-sector cleanups of brownfields contaminated with hazardous waste or petroleum, and to reduce development pressure on greenfields. Investigations and remediations are carried out in the BCP under the oversight of the State. Once the remediation is completed, DEC issues a certificate of completion, which triggers liability limitations and the availability of various tax credits.

Recent Progress

As of March 31, 2009, 294 sites have been accepted into the BCP. Of the 294 sites accepted into the BCP, 40 have been determined to be significant threat sites.

Fifty-six BCP sites have been completed and have received their certificate of completion (COC) as of March 31, 2009, which entitles the parties to the brownfield site cleanup agreement to apply for BCP tax credits. Five of those sites were significant threat sites. The total acreage associated with these 56 sites is 395 acres.

During SFY 2008/2009, parties to the BCP agreements reimbursed the state approximately $2.3 million through cost recovery actions.

Brownfield Program Reform Legislation Becomes Law

On July 23, 2008, Governor David A. Paterson signed legislation (Chapter 390 of the Laws of 2008) to reform certain aspects of the State's brownfield programs. The principal reforms enacted relate to restructuring the BCP tax credits to provide balance between remediation and redevelopment credits. That legislation also required DEC to report on BCP implementation and statistics - that information is included on this web page and its links. In addition, Chapter 390 of the Laws of 2008 requires NYS Department of Taxation and Finance to produce a Brownfield Credit Report by January 31st of each year. (See the "Offsite Links" section to the right to access the report.)

BCP Applications and Certificates of Completion as of March 31, 2009
Status SFY 2008/09 Life to Date
Applications Received 41 430
Applications Approved 30 294
Applications Pending Approval N/A 21
Applications Deemed Ineligible 10 65
Applications Withdrawn Prior to Approval 11 50
Withdrawn or Terminated After Approval
(Prior to receiving a COC)
5 62
Certificates of Completion Issued 12 56

The Remedial Process

Since the remedial process for a site can take a number of years to complete, DEC tracks progress, not only by the number of sites completed, but also by the number of major remedial elements (projects) started and completed for a site. The major remedial elements are site characterization (preliminary site assessment), remedial investigation/feasibility study, remedial design/remedial action (construction), and interim remedial measure.

BCP Remedial Project Starts/Completions as of March 31, 2009
Remedial Element Starts - SFY 2008/09 Starts - Life to Date Completions - SFY 2008/09 Completions - Life to Date
Remedial Investigation 31 196 17 76
Remedial Design 15 82 12 70
Remedial Action 14 79 12 51
Interim Remedial Measure 12 59 7 33

BCP Sites In Environmental Zones

Twenty-three BCP certificates of completion were awarded to sites completely within Environmental Zones, or En-Zones. In order to be designated as an En-Zone, the census tract must have a poverty rate of 20 percent and unemployment rate of at least 1.25 times the statewide unemployment rate, or a poverty rate of at least double the rate for the county in which the tract is located. Sites located at least 50 percent in a designated En-Zone are eligible for additional BCP tax credits. For more information see the En-Zone description page at Empire State Development Corp. (See the "Offsite Links" on the right.)

BCP Sites in En-Zones
Either not in an En-zone or 49% or less of site in an En-Zone At least 50% of site in an En-Zone 100% of site in an En-Zone
33 0 23

The BCP and Technical Assistance Grants

Community groups located near a BCP site classified as a significant threat may be eligible for a Technical Assistance Grant (TAG) from DEC. As a March 31, 2009, however, no TAG applications from groups associated with a BCP site had been submitted. For more information, see the TAG status on the 2008/2009 Annual Report State Superfund Statistics web page.

More Information

More information about the New York State Brownfield Cleanup Program. (leaving the Environmental Remediation Annual Report pages)
Brownfield Cleanup Program Success Story - Watkins Glen Harbor Hotel.
Brownfield Cleanup Program Success Story - Steel Winds.
Back to the 2008/2009 Environmental Remediation Annual Report main page.