(a) the department determines that the request is for real property which does not meet the requirements of a brownfield site as defined in this title; or

(b) there is an action or proceeding relating to the brownfield site against the person who is requesting participation that is pending in any civil or criminal court in any jurisdiction, or before any state or federal administrative agency or body, wherein the state or federal government seeks the investigation, removal, or remediation of contamination or penalties;

(c) there is an order providing for the investigation, removal, or remediation of contamination relating to the brownfield site against the person who is requesting participation; or

(d) The person requesting participation is subject to an outstanding claim as provided in subdivision four of this section. 9. The department may reject such request for participation if the department determines that the public interest would not be served by granting such request. The department shall consider factors, including but not limited to, the following:

(a) The person has been determined in an administrative, civil or criminal proceeding to have violated any provision of this article, any related order or determination of the commissioner, any regulation promulgated pursuant to this article, or any similar statute, regulation, order of the federal or other state government.

(b) The person has been denied entry into this program based upon one or more of the provisions of this subdivision, or a similar provision of federal or other state law.

(c) The person has been found in a civil proceeding to have committed a negligent or intentionally tortious act, or has been convicted in a criminal proceeding of a criminal act involving the handling, storing, treating, disposing or transporting of contaminants.

(d) The person has been convicted of a criminal offense under the laws of any state or of the United States which involves a violent felony offense, fraud, bribery, perjury, theft, or an offense against public administration as that term is used in article one hundred ninety-five of the penal law.

(e) The person has in any matter within the jurisdiction of the department knowingly falsified or concealed a material fact or knowingly submitted a false statement or made use of or made a false statement on or in connection with any document or application submitted to the department.

(f) The person is either:

(1) an individual who had a substantial interest in or acted as a high managerial agent or director for any corporation, partnership, association or organization which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a request for participation pursuant to this section or regulations promulgated thereunder if such corporation, partnership, association or organization submitted a request under this title;

(2) a corporation, partnership, association, organization, or any principal thereof, or any person holding a substantial interest therein, which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a request for participation pursuant to this section or regulations promulgated thereunder if such corporation, partnership, association or organization submitted a request under this title; or

(3) a corporation, partnership, association or organization or any high managerial agent or director thereof, or any person holding a substantial interest therein, acting as high managerial agent or director for or holding a substantial interest in another corporation, partnership, association or organization which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a request for a participation pursuant to this section or regulations promulgated thereunder had such other corporation, partnership, association or organization submitted a request under this title.

(g) The person's participation in any remedial program under the department's oversight was terminated by the department or by a court for failure to substantially comply with an agreement or order. For the purposes of this subdivision, "high managerial agent" has the same meaning as is given that term in section 20.20 of the penal law, and "substantial interest" shall be defined in regulations promulgated by the commissioner.