There are many properties in New York City that are moderately or slightly contaminated due to historic uses or the presence of “urban fill.” This contamination often complicates redevelopment of these “brownfield” sites that could otherwise be put to good use, due to proximity to transportation and other infrastructure. However, because these sites are not highly contaminated, they are not as likely to be accepted into the New York State Brownfield Cleanup Program (BCP), which offers liability protection and various tax credits for brownfield cleanup and redevelopment.
To facilitate the remediation and redevelopment of such sites, in May 2009, the New York City Council passed and Mayor Bloomberg signed into law the New York City Brownfield and Community Revitalization Act.1 Draft rules to govern the New York City Local Brownfield Cleanup Program (“City Program”) were issued by Mayor Bloomberg’s Office of Environmental Remediation on Sept. 29, 2009.2
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