DEC overstepped its authority by judging application against eligibility regulations not found in Brownfield statute. HLP Properties LLC owned a 1.75 acre surface parking lot bounded by West 17th and 18th Streets between 10th and 11th Avenues in Manhattan. The lot was part of the former West 18th Street manufactured gas plant, a 19th century facility that converted coal to combustible gas for all of Manhattan north of Canal Street. The plant operated for more than sixty years, depositing substantial amounts of hazardous contaminants into the surrounding property.

As part of HLP’s plan to develop the parking lot into two mixed-use high-rise towers, HLP submitted an application to the NYS Department of Environmental Conservation for entry into the Brownfield Cleanup Program. The Brownfield Cleanup Program Act of 2003 was enacted to encourage voluntary cleanup of hazardous waste sites and return them to constructive use. If accepted, HLP would be eligible for tax credits and liability limitations upon completing the required remediation. (read more…)