N.Y. ENV Law § 27-1413

§ 27-1413. Alternatives analysis.\n 1. For sites proposed to be remediated under Track 1 pursuant to\nsection 27-1415 of this title, the applicant shall develop and evaluate\nat least one remedial alternative.\n 2. For all other sites, the applicant shall develop and evaluate at\nleast two remedial alternatives, one of which would achieve a Track 1\ncleanup. The department shall have the discretion to require the\nevaluation of additional alternatives at a site that has been determined\nto pose a significant threat. The applicant shall submit the\nalternatives analysis as a part of the remedial work plan to the\ndepartment for review, approval, modification or rejection.\n 3. Unless the applicant has elected to remediate the site to Track 1,\nthe department may require the applicant, as a condition of continuing\nunder this program, to develop and evaluate a Track 2 cleanup pursuant\nto section 27-1415 of this title for such non-significant threat site\nupon due consideration of the following factors:\n (a) the degree to which the remedy selection criteria would be better\nsatisfied by a Track 2 cleanup;\n (b) the degree of impact a Track 2 cleanup would have on the\napplicant's ability to successfully cleanup and/or redevelop the\nproperty;\n (c) the benefit to the environment to be realized by the expeditious\nremediation of the property; and\n (d) the economic benefit to the state to be realized by the\nexpeditious remediation of the property.\n 4. For sites that the department has determined constitute a\nsignificant threat, the department shall select the remedy from a\ndepartment-approved alternatives analysis prepared by the applicant.\n 5. For sites that the department has determined do not constitute a\nsignificant threat, the applicant may select the remedy from a\ndepartment-approved alternatives analysis, which analysis shall contain\nat least two remedial alternatives as set forth in subdivision two of\nthis section. Provided, however, that where the department has required\nthe applicant to develop and evaluate a Track 2 cleanup, the department\nshall have the discretion to, as a condition of continuing under this\nprogram, require the applicant to implement such remedy.\n