The first step in determining whether a site is a good candidate for the NYC VCP is to determine whether the site and the interested party are eligible for enrollment.
Participation in the NYC VCP is open to all real property in the City of New York. However, some specific types of sites are ineligible for enrollment in the NYC VCP including:
- sites that are already enrolled in the New York State Brownfield Cleanup Program;
- sites listed in the NYS Department of Environmental Conservation (DEC) Registry of Inactive Hazardous Waste Disposal Sites;
- sites on the USEPA National Priorities List;
- hazardous waste treatment, storage, or disposal facilities permitted under ECL §27-0901;
- sites subject to a cleanup order under the Navigation Law or the Environmental Conservation Law; or
- sites subject to an on-going State or Federal enforcement action regarding solid/hazardous waste or petroleum.
In addition, under certain circumstances, sites may be deemed ineligible for participation in the NYC VCP by OER.
Sites that are subject to existing State authority for investigation or cleanup may be eligible if enrolled as a Coordinated Brownfield Site.
What is a Coordinated Brownfield Site?
A Coordinated Brownfield Site is a site that is enrolled in the NYC VCP that is also subject to an existing NYS authority for investigation or cleanup.
An example of a Coordinated Brownfield Site is a property that contains a petroleum spill that requires management under the authority of the New York State Department of Environmental Conservation (NYS DEC). Under an agreement between OER and NYS DEC, parties who seek to remediate a property in New York City that contains petroleum contamination can enroll in the New York City Voluntary Cleanup Program (NYC VCP). The petroleum contamination may then be managed by OER under the authority of NYS DEC according to the terms of the agreement, while the remainder of the property is managed under the authority of the NYC VCP. This can enable a 'one stop shop,' simplifying and speeding the cleanup process for the developer.
All parties are eligible to participate in the NYC VCP except parties subject to:
- a judicial or administrative proceeding involving a site where a government agency seeks penalties against a party for the investigation or remediation of contamination; or
- an order against a party providing for the investigation and remediation of contamination at a site.
OER encourages all parties to contact the office to answer questions about site-specific or party-specific program eligibility.