§ 56-0505 — Environmental restoration projects; criteria

§ 56-0505. Environmental restoration projects; criteria.\n 1. The department shall determine the eligibility of an environmental\nrestoration project for state assistance under this title based upon the\nfollowing criteria:\n (a) the benefit to the environment realized by the expeditious\nremediation of the property proposed to be subject to such project;\n (b) the economic benefit to the state by the expeditious remediation\nof the property proposed to be subject to such project;\n (c) the potential opportunity of the property proposed to be subject\nto such project to be used for public recreational purposes;\n (d) real property in a designated brownfield opportunity area pursuant\nto section nine hundred seventy-r of the general municipal law; and\n (e) the opportunity for other funding sources to be available for the\nremediation of such property, including, but not limited to, enforcement\nactions against responsible parties (other than the municipality to\nwhich state assistance was provided under this title; or a successor in\ntitle, lender, or lessee who was not otherwise a responsible party prior\nto such municipality taking title to the property), state assistance\npayments pursuant to title thirteen of article twenty-seven of this\nchapter, and the existence of private parties willing to remediate such\nproperty using private funding sources. Highest priority shall be\ngranted to projects for which other such funding sources are not\navailable.\n 2. The department shall not enter into a contract with a municipality\npursuant to section 56-0503 of this title for an environmental\nrestoration project for any site listed in the registry of inactive\nhazardous waste sites under section 27-1305 of this chapter and given a\nclassification as described in subparagraph one or two of paragraph b of\nsubdivision two of such section 27-1305.\n 3. The remediation objective of an environmental restoration\nremediation project shall meet the same standard for protection of\npublic health and the environment that applies to remedial actions\nundertaken pursuant to section 27-1313 of this chapter.\n 4. After completion of such project, the municipality may use the\nproperty for public purposes or may dispose of it. If the municipality\nshall dispose of such property by sale to a responsible party, such\nparty shall pay to such municipality, in addition to such other\nconsideration, an amount of money constituting the amount of state\nassistance provided under this title plus accrued interest and\ntransaction costs and the municipality shall deposit that money into the\nenvironmental restoration project account of the hazardous waste\nremedial fund established under section ninety-seven-b of the state\nfinance law.\n 5. In the event that an environmental restoration project's\nremediation objective shall not have been attained to the department's\nsatisfaction at the time of the municipality's disposition of such\nproperty, such municipality shall be liable to ensure that such\nobjective is attained within the time called for in the state assistance\ncontract.\n