§ 27-1405. Definitions.\n 1. "Applicant" shall mean a person whose request to participate in the\nbrownfield cleanup program under this title has been accepted by the\ndepartment:\n (a) "Participant" shall mean an applicant who either: (i) was the\nowner of the site at the time of the disposal or discharge of\ncontaminants or (ii) is otherwise a person responsible according to\napplicable principles of statutory or common law liability, unless such\nperson's liability arises solely as a result of such person's ownership\nor operation of or involvement with the site subsequent to the disposal\nor discharge of contaminants.\n (b) "Volunteer" shall mean an applicant other than a participant,\nincluding without limitation a person whose liability arises solely as a\nresult of such person's ownership or operation of or involvement with\nthe site subsequent to the disposal or discharge of contaminants,\nprovided however, such person exercises appropriate care with respect to\ncontamination found at the facility by taking reasonable steps to:\n (i) stop any continuing release;\n (ii) prevent any threatened future release; and\n (iii) prevent or limit human, environmental, or natural resource\nexposure to any previously released contamination.\n 2. "Brownfield site" or "site" shall mean any real property where a\ncontaminant is present at levels exceeding the soil cleanup objectives\nor other health-based or environmental standards, criteria or guidance\nadopted by the department that are applicable based on the reasonably\nanticipated use of the property, in accordance with applicable\nregulations. Such term shall not include real property:\n (a) listed in the registry of inactive hazardous waste disposal sites\nunder section 27-1305 of this article at the time of application to this\nprogram and given a classification as described in subparagraph one or\ntwo of paragraph b of subdivision two of section 27-1305 of this\narticle; provided, however, real property listed in the registry of\ninactive hazardous waste disposal sites under subparagraph two of\nparagraph b of subdivision two of section 27-1305 of this article, where\nsuch real property is owned by a volunteer or under contract to be\ntransferred to a volunteer, shall not be deemed ineligible to\nparticipate, provided that, prior to the site being accepted into the\nbrownfield cleanup program, the department has not identified any\nresponsible party for that property having the ability to pay for the\ninvestigation or cleanup of the property and further provided that the\nstatus of any such site as listed in the registry shall not be altered\nprior to the issuance of a certificate of completion pursuant to section\n27-1419 of this title. The department's assessment of eligibility under\nthis paragraph shall not constitute a finding concerning liability with\nrespect to the property;\n (b) listed on the national priorities list established under authority\nof 42 U.S.C. section 9605;\n (c) subject to an enforcement action under title seven or nine of this\narticle, or permitted or required to be permitted as a treatment,\nstorage or disposal facility; provided, that nothing herein contained\nshall be deemed otherwise to exclude from the scope of the term\n"brownfield site" a hazardous waste treatment, storage or disposal\nfacility having interim status according to regulations promulgated by\nthe commissioner and provided further that real property owned by a\nvolunteer or under contract to be transferred to a volunteer shall not\nbe deemed ineligible to participate provided that, prior to the site\nbeing accepted into the brownfield cleanup program, the department has\nnot identified any responsible party for that property having the\nability to pay for the investigation or cleanup of the property;\n (d) subject to an order for cleanup pursuant to article twelve of the\nnavigation law or pursuant to title ten of article seventeen of this\nchapter except such propert
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