Section 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  the  applicant  to  pay for state costs; provided,
  however, that with respect to a brownfield site which the department has
  determined constitutes a significant threat  to  the  public  health  or
  environment  the  department  may  include  a  provision  requiring  the
  applicant to provide a  technical  assistance  grant,  as  described  in
  subdivision  four  of  section  27-1417  of  this  title  and  under the
  conditions described therein, to an eligible party  in  accordance  with
  procedures established under such program, with the cost of such a grant
  incurred  by  a volunteer serving as an offset against such state costs.
  Where the applicant is  a  participant,  the  department  shall  include
  provisions  relating  to  recovery  of  state  costs incurred before the
  effective date of such agreement;
    3. One setting forth a process for resolving disputes arising from the
  evaluation, analysis, and oversight of the implementation  of  the  work
  plan as described;
    4.  One  requiring  an indemnification provision which holds the state
  harmless from any claim, suit,  action,  and  cost  of  every  name  and
  description  arising  out  of  or  resulting  from  the  fulfillment  or
  attempted fulfillment of the agreement, except for those claims,  suits,
  actions,  and costs arising from the state's gross negligence or willful
  or intentional misconduct;
    5. One authorizing the  department  to  terminate  a  brownfield  site
  cleanup  agreement  at  any  time  during  the  implementation  of  such
  agreement  if  the  applicant  implementing  such  agreement  fails   to
  substantially comply with such agreement's terms and conditions;
    6.  One  stating that the department may exempt the applicant from the
  requirement to obtain any state or local permit or  other  authorization
  pursuant to section 27-1429 of this title;
    7. One stating that the department shall not consider the applicant an
  operator  of  such  brownfield  site  based  solely  upon  execution  or
  implementation of such brownfield site cleanup agreement for purposes of
  remediation liability;
    8. One requiring  that  the  applicant  conduct  investigation  and/or
  remediation  activities  pursuant  to  one  or more work plans which are
  approved by the department;
    9. One requiring the  preparation  and  implementation  of  a  citizen
  participation  plan  consistent  with  the requirements of this title as
  soon as possible following execution of the agreement but no later  than
  prior  to  the preparation of a draft remedial investigation plan by the
  applicant which shall include a  description  of  citizen  participation
  activities already performed by the applicant and/or the department;
    10.  One  requiring  a  waiver  by  the  applicant, effective upon the
  execution of the brownfield  site  cleanup  agreement,  any  right  such
  applicant  has or may have to make a claim against the state of New York
  pursuant to article twelve of the navigation law  with  respect  to  the
  brownfield  site, and a release of the New York environmental protection
  and spill compensation fund from any and all legal or  equitable  claims
  or causes of action that such applicant may have as a result of entering
  into a brownfield site cleanup agreement or fulfilling a brownfield site
  remedial program at such site; and
    11.  The  inclusion  of  other  conditions considered necessary by the
  department concerning the effective and efficient implementation of this
  title;

    12. Nothing in this section shall prohibit  or  limit  the  department
  from  terminating a brownfield site cleanup agreement at any time during
  its implementation if the applicant fails to comply  substantially  with
  such agreement's terms and conditions.