Some former industrial and commercial contaminated sites that could pose risks to the public’s health and safety have languished in the state’s Brownfield Cleanup Program (BCP), according to an audit released today by New York State Comptroller Thomas P. DiNapoli. The audit examined the New York State Department of Environmental Conservation’s (DEC) management of the program and found it must be strengthened to ensure private parties follow through on the timely remediation of their contaminated sites.
“By encouraging private parties to clean up contaminated sites across the state, the Brownfield Cleanup Program has helped remove environmental threats and put abandoned properties back to productive use, but delays in remediating properties may allow contaminants to spread, put residents’ health and safety at risk and cost the state more money,” DiNapoli said. “The New York State Department of Environmental Conservation can strengthen its oversight and establish clear policies and criteria to ensure cleanup projects do not languish, are completed timely and program participants are held accountable. I am encouraged by DEC’s positive response to our audit recommendations.”
Brownfield sites are properties where the presence of pollutants and toxic contaminants create a barrier to redevelopment. The BCP was created to help restore the economic viability of these properties by encouraging private parties to voluntarily clean them up in exchange for liability relief, technical assistance, and tax credits from the state. The program is an alternative to the state’s enforcement-based cleanup program, the Inactive Hazardous Waste Disposal Site Program, or Superfund, which was created to address the state’s highest risk contaminated sites. Timelines for cleanup of a BCP site can vary depending on the severity of the contamination. The audit reviewed DEC’s administration of the program from January 2019 to January 2025.
Remediation Delays
While many sites have been successfully remediated through the BCP, some cleanups have been significantly delayed. Auditors found that 17% of the 518 active sites reviewed had been in the program for more than 10 years. The 25 longest running projects have been in the program between 17 and 20 years. Four were found to pose a ‘significant threat to public health or the environment,’ one of the highest threat levels that the state assigns to contaminated sites. Delays were due to failed remediation efforts, financial hardship and incomplete documentation, among other reasons. Because contamination may spread over time, this could lead to contamination of neighboring properties, sources of drinking water or other important natural resources as well as hazardous exposures to people who may live or work near the site.
DiNapoli’s auditors found that DEC did not have sufficient guidance and uniform criteria for staff to use when projects are delayed, including time frames to review project activity against expected outcomes, possible actions to ensure effective and timely cleanup and specific remedies for lack of progress. As a result, each site is handled on a case-by-case basis. In response to preliminary audit findings, DEC officials agreed that for sites that pose a significant threat, development of additional procedures pertaining to remedial progress of sites may be warranted and indicated action would be taken to update guidance documents.
Stronger Oversight Needed for Sites Posing Higher Risk
Both simple contaminated sites as well as complex sites with high concentrations of pollutants and multiple contaminated environmental media, such as groundwater, surface water, or soil, can be eligible for the BCP. The audit identified 27 sites that were admitted to the program that potentially qualified for the Superfund Program. At one of these sites, auditors found changes in site ownership that the DEC was unaware of. At another site, DEC staff learned that owners were withholding information about contamination at the site, a condition that unnecessarily delayed cleanup and potentially exposed tenants to contaminants.
Auditors found that DEC takes the same actions to track and expedite site progress for all sites that enter the BCP, even those with more significant contamination. They recommended that DEC develop procedures to more closely monitor activities at highly contaminated sites to ensure that site owners act in good faith to comply with the cleanup agreement and complete the remedial program in accordance with its schedule.
Recommendations
DiNapoli’s audit recommends that DEC:
- Develop policies or guidance with specific criteria and timeframes for project managers to ensure timely cleanup, especially for sites posing a significant threat, and include direction on when program termination is necessary and what circumstances constitute lack of progress, especially in cases where DEC determines the applicant is not acting in good faith.
- Continue efforts to improve public access to site cleanup records for active Brownfield Cleanup Program sites to increase transparency.
DEC generally agreed with the audit’s findings and said it’s considering regulatory changes to improve oversight and ensure more timely progress at high-risk sites. It also plans to enhance transparency through upgrades to its public database.