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Brownfield Cleanup Agreements

Brownfield Cleanup Agreements
(see also ECL §27-1409)

A Brownfield Cleanup Agreement ("BCA") is required for all parties who wish to participate in the Brownfield Cleanup Program (BCP). By executing a BCA, an Applicant makes a commitment to undertake certain remedial activities under DEC's oversight. The obligations incurred by an Applicant under a BCA depend to some degree upon the Applicant's status as either a Participant or a Volunteer. A BCA may be terminated by an Applicant at any time upon written notification to DEC; DEC may terminate a BCA if the Applicant fails to substantially comply with the terms and conditions of the BCA.

The main elements of a BCA are:

  • Description of the Site;
  • Description of the Applicant, Including Status as a Participant or a Volunteer;
  • Submission and Implementation of a Citizen Participation Plan;
  • Development and Implementation of Work Plans;
  • Submission and Review of Final Reports;
  • Submission of Annual Reports;
  • Enforcement as a Contractual Agreement;
  • Payment of State Costs
  • Liability Limitation;
  • Reservation of Rights;
  • Waiver of Claims Against the Spill Fund;
  • Indemnification;
  • Change of Use;
  • Environmental Easement;
  • Progress Reports;
  • Communications;
  • Termination;
  • Dispute Resolution; and
  • Miscellaneous Provisions Including a Permit Exemption.

Model Brownfield Site Cleanup Agreement

DEC has prepared a program policy, DER-32, (21 page PDF, 187 KB) that includes the general terms and conditions for Brownfield Cleanup Agreements (BCAs). Please see DEC's Environmental Cleanup Policy and Guidance webpage for more information on this policy, as well as other DEC policies regarding environmental cleanup and brownfields.

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