The New York State Department of Environmental Conservation (“NYSDEC”) has received numerous inquiries about issues arising with the execution of Brownfield Cleanup Program (“BCP”) agreements and amendments because of the Covid19 pandemic. In response, the NYSDEC has issued the following guidance:
- The DYSDEC will grant reasonable extensions of time for the execution of Brownfield Cleanup Agreements (BCA) and BCA Amendments on a case-by-case basis. Requests for extensions should be made to the appropriate Project Manager/Project Attorney.
- For pending amendments reflecting the transition from Generation 2 to Generation 3 of the program, the agency has granted an extension until June 1, 2020 for the submission of the executed amendment.
- The NYSDEC is not prepared to dispense with the notary requirement at this time but is currently investigating alternatives. If applicants encounter issues related to obtaining a notarization, the applicant should contact Jennifer Andaloro, Esq., Section Chief, OGC Remediation Bureau at email@example.com.
- The Department will accept electronically signed agreements and amendments during the COVID-19 State of Emergency and will reassess its policy of requiring original/hard copies thereafter.
- As discussed in a previous Post , the NYSDEC has developed guidance interpreting what constitutes essential construction activities under Governor Cuomo’s Executive Order 202.6 for the Brownfield, Superfund and Spill Response programs.