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BCP Approval and Disapproval

Requestor Notification

DEC will use best efforts to notify the requestor whether the application has been accepted or rejected within 45 days of determination of a complete application (60 days if a final investigation report or draft remedial action work plan is included with the application) or 5 days after the close of the public comment period, whichever is later. Items which could require additional submissions or could result in the disapproval of an application include, but are not limited to, the following.

  • If the application does not contain a clear and sufficient definition of the "brownfield site," DEC may request the following additional information:
    • A survey which includes metes and bounds may be needed in cases where the boundaries of the site cannot be clearly defined with the above information.
  • If there is insufficient information to determine whether the applicant is a Volunteer or Participant, DEC may request the following additional information, such as:
    • Documentation of property transfer (eg., deeds),
    • Documentation of appropriate care,
    • Corporate organizational documents.
  • If DEC determines the site or the requestor is subject to any enforcement action that would disqualify it from the program.
  • The site is identified as not a "brownfield site."

Public Comment

DEC will consider all the public comments on the application. No formal response to the public comments will be prepared, although a direct response can be made by the project manager to a commenter, when determined appropriate.

Approval / Disapproval Letter

DEC will send an approval/disapproval letter to the requestor in the time frame described above. If the application is:

  • Approved, in whole or in part - three originals of a Brownfield Cleanup Agreement (BCA) will be enclosed with the approval letter for execution on behalf of the requestor. For sites located within the five counties comprising New York City, if the application is seeking a determination that the site is eligible for tangible property tax credits, the approval letter shall state whether the criteria has been met. An applicant may request an eligibility determination for tangible property credits at any time from application until the site receives a Certificate of Completion pursuant to ECL 27-1419, except for sites seeking eligibility under the underutilized category; or
  • Denied - DEC will include the disapproval letter sufficient explanation relative to DEC's rationale for denying the application.

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