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Common Deficiencies in Brownfield Cleanup Applications

The following items are often missing or incorrectly completed:

  1. The NYS Department of State print out of entity information is not included or it does not match the requestor name on the application.
  2. Requestor relationship to property is not indicated or the Proof of Site Access is not provided.
  3. The site is not properly identified:
    1. tax map is not provided;
    2. section block and lot numbers are not provided or are illegible;
    3. when the proposed BCP site boundary does not correspond to the tax map parcel, a site map and description is not provided to show where the BCP site is within the tax map parcel.
  4. Direct answers to questions (e.g., current property owner/operator, purpose and scope of project) are not provided. A reference to a voluminous report which does not clearly and readily answer the questions is not responsive.
  5. When a report (e.g., Phase 1 ESA or Final RI) is provided to document the environmental history of the site, the preparation standard for the report (e.g., ASTM International Standard E1527) is missing.
  6. The list of previous owners/operators does not identify whether the entity was an owner or operator and/or does not indicate the requestor's relationship to each owner/operator.
  7. Contact List Information:
    1. list not provided or is missing the names and/or addresses of one or more contacts;
    2. the document repository has not been verified (i.e., an acknowledgement letter has not been provided) and/or no address is provided.
  8. Land Use Factor questions are left blank and/or without an attachment for questions requiring a written description.
  9. Signature Page:
    1. only the applicant (requestor) may sign the application. If the requestor is a corporation or LLC, an authorized individual can sign the application;
    2. the signature page must include an original signature, not a copy.
  10. Copies are incomplete versions of the original:
    1. no electronic copy is provided;
    2. when an electronic copy is provided, it does not have all the attachments (e.g. tax map not provided, site map does not meet the application requirements);
    3. the signature page of the application on the electronic copy, if provided, is often not signed and dated;
    4. the electronic copy has not been compiled as one document.

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