New York Laws
Title 14 - Brownfield Cleanup Program
27-1413 - Alternatives Analysis.

(a) the degree to which the remedy selection criteria would be better
satisfied by a Track 2 cleanup;
(b) the degree of impact a Track 2 cleanup would have on the
applicant's ability to successfully cleanup and/or redevelop the
property;
(c) the benefit to the environment to be realized by the expeditious
remediation of the property; and
(d) the economic benefit to the state to be realized by the
expeditious remediation of the property.
4. For sites that the department has determined constitute a
significant threat, the department shall select the remedy from a
department-approved alternatives analysis prepared by the applicant.
5. For sites that the department has determined do not constitute a
significant threat, the applicant may select the remedy from a
department-approved alternatives analysis, which analysis shall contain
at least two remedial alternatives as set forth in subdivision two of
this section. Provided, however, that where the department has required
the applicant to develop and evaluate a Track 2 cleanup, the department
shall have the discretion to, as a condition of continuing under this
program, require the applicant to implement such remedy.