US Lawyer Database

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 […]

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 […]

27-1407 – 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 […]