Section 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 future land use of the site
  pursuant to section 27-1415 of this title.
    2.  If the person chooses, such person may also submit a work plan for
  a site investigation or a final report  describing  the  results  of  an
  investigation that meets the requirements of this article.
    3.  The department shall notify the person requesting participation in
  this program within ten days after  receiving  such  request  that  such
  request  is  either complete or incomplete. In the event the application
  is determined to be incomplete the department shall specify  in  writing
  the  missing  necessary information required pursuant to this article to
  complete the application and shall have ten days after  receipt  of  the
  missing  information to issue a written determination if the application
  is complete.
    4. Upon the receipt of an application, the department shall notify the
  administrator  of  the  New  York  environmental  protection  and  spill
  compensation  fund  to determine whether such person has been identified
  as responsible for cleanup  and  removal  costs  for  the  discharge  of
  petroleum  at or emanating from the brownfield site for which the person
  is seeking participation and  whether  there  is  an  outstanding  claim
  against  such  person  pursuant to article twelve of the navigation law.
  The administrator shall notify the  department  and  the  person  within
  thirty  days of such notice of any outstanding claim by the fund against
  such person at the brownfield site  for  which  the  person  is  seeking
  participation.
    5.  Upon  the  determination  that  the  application  is complete, the
  department shall commence a  thirty  day  comment  period  and  place  a
  notification of receipt of request to participate in this program in the
  environmental   notice   bulletin  and  provide  newspaper  notice.  The
  department shall also provide notice thereof in  writing  to  the  chief
  executive  officer  and  zoning  board  of  each  county, city, town and
  village in which such brownfield site is located,  residents  on  and/or
  adjacent  to the site, the public water supplier which services the area
  in which such brownfield site is located, any person who  has  requested
  to  be  placed on the brownfield site contact list and the administrator
  of any school or day care facility located on  and/or  adjacent  to  the
  site  for  the purposes of posting and/or dissemination at the facility.
  For purposes of this section "water supplier"  means  any  public  water
  system  as such term is defined for the purposes of the sanitary code of
  the state of New York as authorized by section two  hundred  twenty-five
  of  the  public  health  law.  Provided, however, that where the site or
  adjacent real property contains  multiple  dwelling  units,  the  person
  shall  work  with  the  department  to develop an alternative method for
  providing such notice in lieu of mailing to each individual.
    6. The department shall use all best efforts to  expeditiously  notify
  the  applicant  within forty-five days after receiving their request for
  participation that such request is either accepted or rejected.
    7. In the event a final investigation report describing the results of
  an investigation  that  meets  the  requirements  of  this  article  was
  submitted  with  the  application, the person shall establish a document
  repository, notify individuals on the brownfield site contact list,  and
  provide  for  a  thirty  day  comment  period.  Within  sixty days after
  receiving a person's  application  the  commissioner  shall  inform  the
  person  in  writing  that  the  investigation  is  complete  or that the

  investigation  is  incomplete  and   specify   the   missing   necessary
  information   required   pursuant   to  this  article  to  complete  the
  investigation and/or the final investigation report.
    8. The department shall reject such request if:
    (a)  the  department  determines that the request is for real property
  which does not meet the requirements of a brownfield site as defined  in
  this title; or
    (b)  there  is an action or proceeding relating to the brownfield site
  against the person who is requesting participation that  is  pending  in
  any  civil or criminal court in any jurisdiction, or before any state or
  federal administrative agency or body,  wherein  the  state  or  federal
  government   seeks   the   investigation,  removal,  or  remediation  of
  contamination or penalties;
    (c) there is an order providing for  the  investigation,  removal,  or
  remediation of contamination relating to the brownfield site against the
  person who is requesting participation; or
    (d)  The  person requesting participation is subject to an outstanding
  claim as provided in subdivision four of this section.
    9. The department may reject such request  for  participation  if  the
  department  determines  that  the public interest would not be served by
  granting such request. The department shall consider factors,  including
  but not limited to, the following:
    (a)  The  person  has  been  determined in an administrative, civil or
  criminal proceeding to have violated any provision of this article,  any
  related  order  or  determination  of  the  commissioner, any regulation
  promulgated  pursuant  to  this  article,  or   any   similar   statute,
  regulation, order of the federal or other state government.
    (b)  The person has been denied entry into this program based upon one
  or more of the provisions of this subdivision, or a similar provision of
  federal or other state law.
    (c) The person has been found in a civil proceeding to have  committed
  a  negligent  or  intentionally tortious act, or has been convicted in a
  criminal proceeding of a criminal act involving the  handling,  storing,
  treating, disposing or transporting of contaminants.
    (d) The person has been convicted of a criminal offense under the laws
  of  any  state  or  of the United States which involves a violent felony
  offense, fraud, bribery, perjury, theft, or an  offense  against  public
  administration  as  that term is used in article one hundred ninety-five
  of the penal law.
    (e) The person has in  any  matter  within  the  jurisdiction  of  the
  department knowingly falsified or concealed a material fact or knowingly
  submitted  a false statement or made use of or made a false statement on
  or in connection with any  document  or  application  submitted  to  the
  department.
    (f) The person is either:
    (1) an individual who had a substantial interest in or acted as a high
  managerial   agent   or   director  for  any  corporation,  partnership,
  association or organization which committed an act or failed to act, and
  such act or failure to act could be  the  basis  for  the  denial  of  a
  request  for  participation  pursuant  to  this  section  or regulations
  promulgated thereunder if such corporation, partnership, association  or
  organization submitted a request under this title;
    (2)  a  corporation,  partnership,  association,  organization, or any
  principal thereof, or any person holding a substantial interest therein,
  which committed an act or failed to act, and such act or failure to  act
  could  be  the  basis  for  the  denial  of  a request for participation
  pursuant to this section or regulations promulgated thereunder  if  such

  corporation,   partnership,  association  or  organization  submitted  a
  request under this title; or
    (3)  a  corporation,  partnership,  association or organization or any
  high managerial agent or director  thereof,  or  any  person  holding  a
  substantial  interest  therein,  acting  as  high  managerial  agent  or
  director for or holding a substantial interest in  another  corporation,
  partnership,  association  or  organization  which  committed  an act or
  failed to act, and such act or failure to act could be the basis for the
  denial of a request for a participation  pursuant  to  this  section  or
  regulations   promulgated   thereunder   had   such  other  corporation,
  partnership, association or organization submitted a request under  this
  title.
    For  the purposes of this subdivision, "high managerial agent" has the
  same meaning as is given that term in section 20.20 of  the  penal  law,
  and  "substantial  interest" shall be defined in regulations promulgated
  by the commissioner.