27-1401 – Short Title.

§ 27-1401. Short title. This title shall be known and may be cited as the “Brownfield Cleanup Program”.

27-1403 – Declaration of Policy and Findings of Fact.

§ 27-1403. Declaration of policy and findings of fact. The legislature hereby finds that there are thousands of abandoned and likely contaminated properties that threaten the health and vitality of the communities they burden, and that these sites, known as brownfields, are also contributing to sprawl development and loss of open space. It is therefore […]

27-1405 – Definitions.

§ 27-1405. Definitions. 1. “Applicant” shall mean a person whose request to participate in the brownfield cleanup program under this title has been accepted by the department: (a) “Participant” shall mean an applicant who either: (i) was the owner of the site at the time of the disposal or discharge of contaminants or (ii) is […]

27-1407 – Request for Participation.

§ 27-1407. Request for participation. 1. A person who seeks to participate in this program shall submit a request to the department on a form provided by the department. Such form shall include information to be determined by the department sufficient to allow the department to determine eligibility and the current, intended and reasonably anticipated […]

27-1409 – Brownfield Site Cleanup Agreement.

§ 27-1409. Brownfield site cleanup agreement. The agreement shall include, but not be limited to, the following provisions: 1. One describing the boundaries of the real property that is subject to the brownfield site cleanup agreement; 2. One requiring: (a) the participant to pay for state costs, including the recovery of state costs incurred before […]

27-1411 – Work Plan Requirements.

§ 27-1411. Work plan requirements. 1. A remedial investigation work plan shall provide for the investigation and characterization of the nature and extent of the contamination within the boundaries of the brownfield site; provided, however, a participant shall also be required to fully investigate and characterize the nature and extent of contamination emanating from such […]

27-1413 – Alternatives Analysis.

§ 27-1413. Alternatives analysis. 1. For sites proposed to be remediated under Track 1 pursuant to section 27-1415 of this title, the applicant shall develop and evaluate at least one remedial alternative. 2. For all other sites, the applicant shall develop and evaluate at least two remedial alternatives, one of which would achieve a Track […]

27-1415 – Remedial Program Requirements.

§ 27-1415. Remedial program requirements. 1. Remedial programs. All remedial programs shall be protective of public health and the environment including but not limited to groundwater according to its classification pursuant to section 17-0301 of this chapter; drinking water, surface water and air (including indoor air); sensitive populations, including children; and ecological resources, including fish […]

27-1417 – Citizen Participation.

§ 27-1417. Citizen participation. 1. Citizen participation handbook. The commissioner shall prepare a citizen participation handbook for the purpose of providing guidance to applicants in the design and implementation of meaningful citizen participation plans consistent with the requirements of this section for the remediation of brownfield sites as provided in this title. Such handbook shall […]

27-1419 – Certification of Completion.

§ 27-1419. Certification of completion. 1. Upon certification by the applicant that the remediation requirements of this title have been or will be achieved in accordance with the schedules provided in reports submitted to the department on the remedial work plan for the brownfield site, such applicant shall submit to the department a final engineering […]

27-1420 – Brownfield Cleanup Program Report.

§ 27-1420. Brownfield cleanup program report. 1. The commissioner, in consultation with the commissioner of taxation and finance, shall prepare on or before April thirtieth of each year, a report concerning the brownfield cleanup program which contains the following information for the preceding fiscal year: a. the number of requests for participation received by the […]

27-1421 – Liability Limitation.

§ 27-1421. Liability limitation. 1. Notwithstanding any other provision of law and except as provided in subdivision two of this section, after the department has issued a certificate of completion for a brownfield site, the applicant shall not be liable to the state upon any statutory or common law cause of action, arising out of […]

27-1425 – Change of Use.

§ 27-1425. Change of use. 1. At least sixty days before the start of physical alteration or construction constituting a change of use at a brownfield site or at least sixty days before a change of use at such site not involving any physical alteration or construction, as the case may be, the person or […]

27-1429 – Permit Waivers.

§ 27-1429. Permit waivers. The department, by and through the commissioner, shall be exempt for activities conducted pursuant to subdivision five of section 27-1411 of this title and shall be authorized to exempt a person from the requirement to obtain any state or local permit or other authorization for any activity needed to implement a […]

27-1431 – Access to Sites.

§ 27-1431. Access to sites. The department, by and through the commissioner, shall be authorized to: 1. Require that any person permit a duly designated officer or employee of the department or of a municipal corporation, or any agent, consultant, or contractor of the department or of a municipal corporation, or any other person, including […]

27-1433 – Waiver of Interest or Penalties or Other Charges on Brownfield Properties.

§ 27-1433. Waiver of interest or penalties or other charges on brownfield properties. Notwithstanding any provision of law to the contrary, the governing body of any tax district shall be authorized, by resolution, to permit the enforcing officer to effect the cancellation in whole or in part of any interest, penalties or other charges on […]

27-1437 – Bcp-Ez Program.

§ 27-1437. BCP-EZ program. 1. The department may promulgate regulations to implement a program providing for the expedited investigation and/or remediation of contamination at brownfield sites (BCP-EZ program), provided that: (a) at the time of the application, the department has determined that the brownfield site does not pose a significant threat pursuant to section 27-1411 […]