The first step in determining whether a site is a good candidate
for the NYC BCP is to determine whether the site and the interested party are
eligible for enrollment.
Participation in the NYC BCP 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 BCP including:
- sites that are already enrolled in New York State
Brownfield Cleanup Programs;
- sites listed in the NYS Department of Environmental
Conservation (DEC) Registry of Inactive Hazardous Waste Disposal
- 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;
- 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 BCP by OER.
Sites that are subject to existing State authority for
investigation or cleanup may be eligible if enrolled as a Coordinated Brownfield
What is a Coordinated Brownfield
A Coordinated Brownfield Site is a site that is enrolled in the NYC
BCP that is also subject to an existing NYS authority for investigation or
example of a Coordinated Brownfield Site is a property that contains petroleum
contamination 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 Brownfield
Cleanup Program (NYC BCP). The
petroleum contamination is then managed 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 BCP.