New York Laws
Title 14 - Brownfield Cleanup Program
27-1407 - Request for Participation.

(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.
(g) The person's participation in any remedial program under the
department's oversight was terminated by the department or by a court
for failure to substantially comply with an agreement or order.
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.