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Office of Environmental Remediation

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE

The Office of Environmental Remediation (“Office” or “OER”) oversees the New York City Brownfield Incentive Grant (“BIG”) Program. Through the BIG program, OER awards several grants, including the BrownfieldWorks! Job Training Bonus Cleanup Grant, which was created to encourage environmental businesses and contractors to hire graduates of local workforce development programs.

 

OER was established by Local Law No. 27 of 2009, and Charter § 15(e)(5) authorizes its Director to administer financial incentive programs to promote the identification, investigation, remediation, and redevelopment of brownfields. Section 15(e)(6) authorizes the Director to promote community participation in these activities. Section 15(e)(18) authorizes the Director to promulgate rules in connection with such programs.

 

OER designed the BrownfieldWorks! Program to provide workforce development graduates with work experience on brownfield projects by funding trainee salaries for a three-month period. In addition to providing valuable job experience and an opportunity to secure a full- time job, this program improves the quality of brownfield cleanups by bringing additional staff to oversee projects and providing developers with substantial savings on the cost of cleanup by providing cost effective environmental oversight during periods when remedial work is not active.

 

OER is currently authorized to make these grant funds payable to the workforce development organizations, developers or their environmental consultants. The current rule does not expressly authorize OER to pay grant funds to contractors who often hire trainees at brownfield projects. This rule change permits the BrownfieldWorks! Job Training Bonus Cleanup Grants to be paid directly to contractors, making it easier for additional developers to provide work experience to trainees.

Effective Date: 
Sat, 12/20/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, October 13, 2014
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

The Office of Environmental Remediation (“Office” or “OER”) oversees and administers the New York City Brownfield Incentive Grant ("BIG") Program. Through the BIG program, OER awards several grants, including the BrownfieldWorks! Job Training Bonus Cleanup Grant, which was created to encourage environmental businesses and contractors to hire graduates of local workforce development programs.

OER was established by Local Law No. 27 of 2009, and Charter § 15(e)(5) authorizes its Director to administer financial incentive programs to promote the identification, investigation, remediation, and redevelopment of brownfields. Section 15(e)(6) authorizes the Director to promote community participation in these activities. Section 15(e)(18) authorizes the Director to promulgate rules in connection with such programs.

OER designed the BrownfieldWorks! Program to provide workforce development graduates with work experience on brownfield projects by funding trainee salaries for a three-month period. In addition to providing valuable job experience and an opportunity to secure a full- time job, this program improves the quality of brownfield cleanups by bringing additional staff to oversee projects and providing developers with substantial savings on the cost of cleanup by providing cost effective environmental oversight during periods when remedial work is not active.

OER is currently authorized to make these grant funds payable to the workforce development organizations, developers or their environmental consultants. The current rule does not expressly authorize OER to pay grant funds to contractors who often hire trainees at brownfield projects. This rule change would permit the BrownfieldWorks! Job Training Bonus Cleanup Grants to be paid directly to contractors, making it easier for additional developers to provide work experience to trainees. 

 

 

Subject: 

Amendment to the NYC Brownfield Incentive Grant Program

Location: 
Mayor’s Office of Environmental Remediation (OER)
100 Gold Street 2nd Fl, Central Park Room
New York, NY 10038
Contact: 

N/A

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

The Office of Environmental Remediation (“Office” or “OER”) oversees the New York City Brownfield Incentive Grant ("BIG") Program. Through the BIG program, OER awards grants to support and advance brownfield projects across the city by making grants available to projects from the earliest stages of project development through project remediation.

OER was established by Local Law No. 27 of 2009, and Charter § 15(e)(5) authorizes its Director to administer financial incentive programs to promote the identification, investigation, remediation, and redevelopment of brownfields. Section 15(e)(6) authorizes the Director to promote community participation in these activities. Section 15(e)(18) authorizes the Director to promulgate rules in connection with such programs.

 

Since 2011, OER has provided over one hundred Brownfield Incentive Grants to for-profit and non-profit developers undertaking cleanup and redevelopment of sites in the City voluntary cleanup program and to community based organizations seeking to apply for or advance their State-funded Brownfield Opportunity Area ("BOA") planning in neighborhoods across the city. Because of the rapid growth in the participation of developers in the City voluntary cleanup program, the entire original fund established to fund the BIG program has been earmarked. OER has sought and obtained new funding from the City for the BIG program to partially replenish the original fund.

The rules continue the operation of the BIG program with reduced appropriations. In addition, OER has made additional changes to the BIG program to increase the program’s value for developers remediating brownfields across the city.  

 

The amendments:

·         create new Brownfield Incentive Grants;

·         make the first significant revisions to the list of eligible services and activities that are eligible for reimbursement with City brownfield grant funds;

·         reduce the size of several City cleanup grants for future projects to reflect reduced funding;

·         increase the amount of funding for BOA for community-based organizations;

·         for the first time, restrict the city-wide reach of the BIG  program;

·         eliminate the environmental insurance grant and replace it with a new eligible service;

·         consolidate certain technical services; and

·         boost reimbursement for preparation of a site management plan

 

New Brownfield Incentive Grants

 

The proposed amendments create four new Brownfield Incentive Grants to encourage the redevelopment of brownfields:

 

1)    A Climate Change Resilience Bonus Cleanup Grant of up to $5,000 to accelerate cleanup of properties in coastal flood zones;

2)    A Brownfield Green Job Training Bonus Cleanup Grant of up to $6,000 to encourage developers to hire participants in job training programs so they can acquire work experience at sites in the City brownfield cleanup program;

3)    A City Pre-enrollment Grant of up $100,000 for site investigations and remedial planning activities at publicly owned sites and sites with environmental tax liens; and

4)    A Green Property Certification Bonus Cleanup Grant of up to $1,000 to pay for a New York City green property certification plaque for sites that complete cleanups in the City voluntary cleanup program.

 

Addition of New Eligible Services 

The amendments make significant revisions to the list of services and activities that are eligible for reimbursement with City brownfield grant funds. These changes are referenced in § 43-1419 and set forth in Schedule B. The new services include:

·         the installation of soil vapor management systems;

·         the cost of field oversight of remedial activities by qualified environmental professionals;

·         the production of a remedial investigation report and a remedial action report,

·         the reimbursement for an attorney’s due diligence on a property prior to its enrollment in the City voluntary cleanup program, and

·         reimbursement for environmental insurance 

 

Reduction in Size of Cleanup Grants

The  amendments  reduce the size of several City cleanup grants for future projects because of the reduced City appropriations:

·         The reductions decrease the maximum grant awards by more than half for:

o   the standard cleanup grant;

o   the cleanup grant for preferred community development projects; and

o   the track-one bonus cleanup grant.

·         The E-designation and restrictive declaration remediation grants will be cut in half.

Increase in Funding of BOA Grants          

            The amendments  increase from $25,000 to $50,000 the total amount of City funds that community-based organizations with BOA contracts could receive in the form of Local Match grants. These changes are set forth in § 43-1422 as well as Schedule A.


            Restrictions on Size and Location of Eligible Sites

For the first time, the proposed amendments will restrict the city-wide reach of the BIG grant program. Projects larger than 100,000 square feet and projects at or south of 96th Street in Manhattan will be ineligible for City BIG funds if they had not enrolled in the City voluntary cleanup program by April 2013.

           
            Amendments to Insurance Grant  

            The proposed amendments eliminate the environmental insurance grant and replace it with a new eligible service that will reimburse parties for the premiums they paid for environmental insurance policies for projects that are enrolled in the City voluntary cleanup program.

 

            Consolidation of Technical Services        

            Additional rule amendments consolidate certain technical services, including:

·         reimbursement for the preparation of a remedial investigation document, a new service, which will cover all remediation investigation activities and preparation of a remedial action work plan;

·         reimbursement for the preparation of a remedial action report, a new service, which will cover all remedial action oversight activities and preparation of a remedial action report;

·         simplified reimbursement for laboratory analysis of environmental samples collected in the field by the elimination of separate payments for analysis of individual metals, volatile and semi-volatile compounds, and replacing these with reimbursement for analysis of groups of similar compounds known as Target Analyte List metals, Target Compound List SVOCs, and Target Compound List VOCs.

 

Reimbursement for Site Management Plans

The proposed amendments will boost reimbursement for preparation of a site management plan from $2,500 to $7,500.

 

 

 “Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this office, unless otherwise specified or unless the context clearly indicates otherwise.

 

New text is underlined; deleted material is in [brackets].

 

 

Effective Date: 
Wed, 03/19/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, March 6, 2014
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

The Office of Environmental Remediation (“Office” or “OER”) oversees the New York City Brownfield Incentive Grant ("BIG") Program. Through the BIG program, OER awards grants to support and advance brownfield projects across the city by making grants available to projects from the earliest stages of project development through project remediation.

OER was established by Local Law No. 27 of 2009, and Charter § 15(e)(5) authorizes its Director to administer financial incentive programs to promote the identification, investigation, remediation, and redevelopment of brownfields. Section 15(e)(6) authorizes the Director to promote community participation in these activities. Section 15(e)(18) authorizes the Director to promulgate rules in connection with such programs.

 

Since 2011, OER has provided over one hundred Brownfield Incentive Grants to for-profit and non-profit developers undertaking cleanup and redevelopment of sites in the City voluntary cleanup program and to community based organizations seeking to apply for or advance their State-funded Brownfield Opportunity Area ("BOA") planning in neighborhoods across the city. Because of the rapid growth in the participation of developers in the City voluntary cleanup program, the entire original fund established to fund the BIG program has been earmarked. OER has sought and obtained new funding from the City for the BIG program to partially replenish the original fund.

The proposed rules would enable operation of the BIG program with reduced appropriations. In addition, OER is proposing additional changes to the BIG program to increase the program’s value for developers remediating brownfields across the city.  

 

The proposed amendments:

·         create new Brownfield Incentive Grants;

·         make the first significant revisions to the list of eligible services and activities that are eligible for reimbursement with City brownfield grant funds;

·         reduce the size of several City cleanup grants for future projects to reflect reduced funding;

·         increase the amount of funding for BOA for community-based organizations;

·         for the first time, restrict the city-wide reach of the BIG  program;

·         eliminate the environmental insurance grant and replace it with a new eligible service;

·         consolidate certain technical services; and

·         boost reimbursement for preparation of a site management plan

 

New Brownfield Incentive Grants

 

The proposed amendments would create four new Brownfield Incentive Grants to encourage the redevelopment of brownfields:

 

1)    A Climate Change Resilience Bonus Cleanup Grant of up to $5,000 to accelerate cleanup of properties in coastal flood zones;

2)    A Brownfield Green Job Training Bonus Cleanup Grant of up to $6,000 to encourage developers to hire participants in job training programs so they can acquire work experience at sites in the City brownfield cleanup program;

3)    A City Pre-enrollment Grant of up $100,000 for site investigations and remedial planning activities at publicly owned sites and sites with environmental tax liens; and

4)    A Green Property Certification Bonus Cleanup Grant of up to $1,000 to pay for a New York City green property certification plaque for sites that complete cleanups in the City voluntary cleanup program.

 

Addition of New Eligible Services 

The proposed amendments would make significant revisions to the list of services and activities that are eligible for reimbursement with City brownfield grant funds. These changes are referenced in § 43-1419 and set forth in Schedule B. The new services include:

·         the installation of soil vapor management systems;

·         the cost of field oversight of remedial activities by qualified environmental professionals;

·         the production of a remedial investigation report and a remedial action report,

·         the reimbursement for an attorney’s due diligence on a property prior to its enrollment in the City voluntary cleanup program, and

·         reimbursement for environmental insurance 

Reduction in Size of Cleanup Grants

The proposed amendments would reduce the size of several City cleanup grants for future projects because of the reduced City appropriations:

·         The proposed reductions would decrease the maximum grant awards by more than half for:

o   the standard cleanup grant;

o   the cleanup grant for preferred community development projects; and

o   the track-one bonus cleanup grant.

·         The E-designation and restrictive declaration remediation grants would be cut in half.

Increase in Funding of BOA Grants          

            The proposed amendments would increase from $25,000 to $50,000 the total amount of City funds that community-based organizations with BOA contracts could receive in the form of Local Match grants. These changes are set forth in § 43-1422 as well as Schedule A.


            Restrictions on Size and Location of Eligible Sites

For the first time, the proposed amendments would restrict the city-wide reach of the BIG grant program. Projects larger than 100,000 square feet and projects at or south of 96th Street in Manhattan would be ineligible for City BIG funds if they had not enrolled in the City voluntary cleanup program by April 2013.

           
            Amendments to Insurance Grant  

            The proposed amendments would eliminate the environmental insurance grant and replace it with a new eligible service that would reimburse parties for the premiums they paid for environmental insurance policies for projects that are enrolled in the City voluntary cleanup program.

 

            Consolidation of Technical Services        

            Additional rule amendments would consolidate certain technical services, including:

·         reimbursement for the preparation of a remedial investigation document, a new service, which would cover all remediation investigation activities and preparation of a remedial action work plan;

·         reimbursement for the preparation of a remedial action report, a new service, which would cover all remedial action oversight activities and preparation of a remedial action report;

·         simplified reimbursement for laboratory analysis of environmental samples collected in the field by the elimination of separate payments for analysis of individual metals, volatile and semi-volatile compounds, and replacing these with reimbursement for analysis of groups of similar compounds known as Target Analyte List metals, Target Compound List SVOCs, and Target Compound List VOCs.

 

Reimbursement for Site Management Plans

The proposed amendments would boost reimbursement for preparation of a site management plan from $2,500 to $7,500.

 

Subject: 

Opportunity to comment on the Office of Environmental Remediation’s proposed amendments to the New York City Brownfield Incentive Grant Program rules

Location: 
Central Park Room
100 Gold Street, 2nd floor
New York, NY 10038
Contact: 

Dr. Daniel C. Walsh
Director of Environmental Remediation
253 Broadway, 14th floor
New York, NY 10007

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

The Mayor’s Office of Environmental Remediation (“OER” or “the Office”) has amended the rules of the New York City Brownfield Cleanup Program to obtain information and tighten cleanup requirements for new industrial uses in connection with remediation of coastal properties in New York City. The Office administers the Brownfield Cleanup Program, also known as the New York City Voluntary Cleanup Program, which provides landowners and developers with City government approval and oversight of cleanup plans for light to moderately contaminated sites across the City. New York City Charter § 15(e)(4) authorizes the Director of OER to develop and administer a local Brownfield cleanup program. The Director is further authorized by Charter § 15(e)(18) and Administrative Code § 24-903 to adopt rules to implement the program.

In the aftermath of Hurricane Sandy, it has become clear that flooding and coastal erosion have the potential to disperse contaminants located on coastal properties to neighboring properties. The amendments to the Brownfield Cleanup Program rules require parties to compile information on natural factors that could mobilize contaminants, and will tighten cleanup standards for when certain coastal properties are redeveloped.

Under the amendments, the remedial investigation required by the Office will include a determination of the property’s proximity to tidal surface water bodies. In the wake of Superstorm Sandy, the Office reduced the scope of its original proposal to require additional characterization of sites subject to coastal erosion. The new requirements will apply to waterfront sites only. Because waterfront sites in New York City are only slightly above sea level, the Office decided not to require site owners to report their property’s height above sea level or state their property was subject to coastal erosion. The amendments will tighten cleanup standards for properties on the waterfront that are susceptible to significant coastal erosion from severe storms and are proposed for industrial use. If the owner of such a parcel opts to implement a Track Two cleanup for industrial use, the amendments will require the property to be remediated in accordance with commercial cleanup standards.

In addition to these changes, the amendments will allow a property owner to certify to the Office that a physical barrier or cover, used as part of a site remedy, will continue to function as an effective barrier to residual contamination at a property remediated under the Brownfield Cleanup Program. The amendments also authorize the Office-issued notice of completion to be recorded in a public repository on the Office’s website, in lieu of requiring the site owner to record the notice in the property recording office of the borough in which the site is located. Posting the notice of completion on the Office’s website is a simpler and faster way of notifying the public that a site has been remediated under the Brownfield Cleanup Program.

Finally, the amendments authorize OER to issue environmental review and assessment letters, as contemplated by City Charter § 15(e)(14), to facilitate the financing of real estate transactions where a party has raised concern that the property might contain contamination. Upon request, OER will review contaminant data for the site and the owner’s plans for the property, and will conduct a site inspection. If OER determines that a property has no more than minimal contamination and does not pose a soil exposure threat, the Office will issue an environmental review and assessment letter, which can serve to reassure parties to a real estate transaction. The Office will charge a $3,500 fee for the issuance of such letters. OER changed the name of this new program from "acceptance letter" to "environmental review and assessment letter" because the new title better describes the service the Office will provide. As a result of comments received, OER has transferred this new provision from § 43-1410 and incorporated the initiative as a new subchapter 5 of Chapter 14. 

Effective Date: 
Thu, 01/16/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 1, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Mayor’s Office of Environmental Remediation (“OER” or “the Office”) proposes to amend the rules of the New York City Brownfield Cleanup Program to obtain information and tighten cleanup requirements for new industrial uses in connection with remediation of coastal properties in New York City. The Office administers the Brownfield Cleanup Program, which provides landowners and developers with City government approval and oversight of cleanup plans for light to moderately contaminated sites across the City. New York City Charter § 15(e)(4) authorizes the Director of OER to develop and administer a local brownfield cleanup program. The Director is further authorized by Charter § 15(e)(18) and Administrative Code § 24-903 to adopt rules to implement the program.

 

In the aftermath of Hurricane Sandy, it has become clear that flooding and coastal erosion have the potential to disperse contaminants located on coastal properties to neighboring properties. The proposed amendments to the Brownfield Cleanup Program rules would require parties to compile information on natural factors that could mobilize contaminants, and would tighten cleanup standards for when certain coastal properties are redeveloped.

 

Under the proposed amendments, the remedial investigation required by the Office would include a determination of the property’s elevation above sea level and its proximity to tidal surface water bodies. The proposed amendments would also recognize coastal erosion as a natural force that can relocate contaminants. The amendments would tighten cleanup standards for properties that are susceptible to significant coastal erosion from severe storms and are proposed for industrial use. If the owner of such a parcel opts to implement a Track Two cleanup, the amendments would require the property to be remediated in accordance with commercial cleanup standards.

 

In addition to these changes, the amendments would allow a property owner to certify to the Office that a physical barrier or cover, used as part of a site remedy, will continue to function as an effective barrier to residual contamination at a property remediated under the Brownfield Cleanup Program. The amendments would also authorize the Office-issued notice of completion to be recorded in a public repository on the office’s website, in lieu of requiring the site owner to record the notice in the property recording office of the borough in which the site is located. Posting the notice of completion on the Office’s website would be a simpler and faster way of notifying the public that a site has been remediated under the Brownfield Cleanup Program.

 

Finally, the amendments would authorize OER to issue acceptance letters, as contemplated by City Charter § 15(e)(14), to facilitate the financing of real estate transactions where a party has raised concern that the property might contain contamination. Upon request, OER would review contaminant data for the site and the owner’s plans for the property, and would conduct a site inspection. If OER were to determine that a property has no more than minimal contamination and does not require further action, the Office would issue an acceptance letter, which can serve to reassure parties to a real estate transaction. The Office would charge a $5,000 fee for the issuance of such letters.

 

 

These proposed rules were not included in the Office’s regulatory agenda because they were not contemplated when the regulatory agenda was issued.

 

 

Subject: 

Opportunity to Comment on the Office of Environmental Remediation’s Proposed Amendments to the New York City Brownfield Cleanup Program

Location: 
Central Park Room
100 Gold Street, 2nd floor
New York, NY 10038
Contact: 

Dr. Daniel C. Walsh
Director of Environmental Remediation
100 Gold Street, 2nd floor
New York, NY 10038

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Wed, 11/30/2011

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 30, 2012
Proposed Rules Content: 

 

  

STATEMENT OF BASIS AND PURPOSE

 

The Mayor’s Office of Environmental Remediation (“OER” or “the office”) proposes to amend the rules of New York City’s brownfield cleanup program (“VCP” or “voluntary cleanup program”) to allow E Designations to function as a declaration of covenants and restrictions. The office administers the City’s brownfield cleanup program, which provides landowners and developers with government approval and oversight of cleanup plans for light to moderately contaminated sites across the City. Under the program’s rules, owners and developers must record a declaration of covenants and restrictions, also known as a deed restriction, against their property deed when they complete an office-approved site remedy that allows low-level soil contamination to remain at a remediated property. Under the proposed amendments, if such a remediated site had a hazardous material E Designation, OER would not require the owner to record a deed restriction.

 

An E Designation is assigned to a site during a rezoning when a lead agency, during an environmental review, identifies a property as likely to be redeveloped due to the rezoning and further finds that the property’s redevelopment may disturb soil and cause construction workers or site occupants to be exposed to potential hazardous materials or petroleum buried at the site. To protect against such exposures, the lead agency assigns an E Designation for hazardous materials to the site, which prevents the property owner from obtaining a City building permit authorizing construction until OER determines that the new development will not expose construction workers and future site occupants to contaminated soil. A hazardous material E

 

 

Designation remains on a rezoned property as long as residual contamination remains at the site, repeatedly blocking the issuance of building permits for subsequent development until OER determines that the redevelopment will not expose construction workers or site occupants to hazardous materials in site soil.

 

OER proposes the rule amendment because it will maintain public health protection and encourage participation in the City’s voluntary cleanup program. Because the E Designation is enforced through the City’s Department of Buildings, the E Designation will remain on sites, controlling exposures to soil contamination until a complete cleanup is achieved and the E Designation can be removed. In addition, OER anticipates that by ending the use of deed restrictions on E Designation sites, the proposed amendments will increase participation in the City voluntary cleanup program. Under the existing rules for the City brownfield cleanup program, owners may hesitate to enter the program, because they do not want to record a deed restriction against their property record, which they may view as a stigma on their land, depressing its value and making resale more difficult.

 

The director of OER is authorized to develop and administer a local brownfield cleanup program by paragraph (4) of subdivision (e) of section 15 of the New York City Charter. The office operates the E Designation program under paragraph (15) of that subdivision. The director is authorized by paragraph 18 of that subdivision to adopt rules to implement both programs.

 

 

 

 

Keywords:
Subject: 

Opportunity to comment on the Office of Environmental Remediation’s proposed rule for a clean soil bank.

Location: 
Central Park Room
100 Gold Street, 2nd Floor
New York, NY 10038
Contact: 

Dr. Daniel C. Walsh
Director of Environmental Remediation
100 Gold Street, 2nd floor
New York, NY 10038

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 30, 2012
Proposed Rules Content: 

 

  

STATEMENT OF BASIS AND PURPOSE

 

The Mayor’s Office of Environmental Remediation (“OER” or “the office”) proposes to amend the rules of New York City’s brownfield cleanup program (“VCP” or “voluntary cleanup program”) to allow E Designations to function as a declaration of covenants and restrictions. The office administers the City’s brownfield cleanup program, which provides landowners and developers with government approval and oversight of cleanup plans for light to moderately contaminated sites across the City. Under the program’s rules, owners and developers must record a declaration of covenants and restrictions, also known as a deed restriction, against their property deed when they complete an office-approved site remedy that allows low-level soil contamination to remain at a remediated property. Under the proposed amendments, if such a remediated site had a hazardous material E Designation, OER would not require the owner to record a deed restriction.

 

An E Designation is assigned to a site during a rezoning when a lead agency, during an environmental review, identifies a property as likely to be redeveloped due to the rezoning and further finds that the property’s redevelopment may disturb soil and cause construction workers or site occupants to be exposed to potential hazardous materials or petroleum buried at the site. To protect against such exposures, the lead agency assigns an E Designation for hazardous materials to the site, which prevents the property owner from obtaining a City building permit authorizing construction until OER determines that the new development will not expose construction workers and future site occupants to contaminated soil. A hazardous material E

 

 

Designation remains on a rezoned property as long as residual contamination remains at the site, repeatedly blocking the issuance of building permits for subsequent development until OER determines that the redevelopment will not expose construction workers or site occupants to hazardous materials in site soil.

 

OER proposes the rule amendment because it will maintain public health protection and encourage participation in the City’s voluntary cleanup program. Because the E Designation is enforced through the City’s Department of Buildings, the E Designation will remain on sites, controlling exposures to soil contamination until a complete cleanup is achieved and the E Designation can be removed. In addition, OER anticipates that by ending the use of deed restrictions on E Designation sites, the proposed amendments will increase participation in the City voluntary cleanup program. Under the existing rules for the City brownfield cleanup program, owners may hesitate to enter the program, because they do not want to record a deed restriction against their property record, which they may view as a stigma on their land, depressing its value and making resale more difficult.

 

The director of OER is authorized to develop and administer a local brownfield cleanup program by paragraph (4) of subdivision (e) of section 15 of the New York City Charter. The office operates the E Designation program under paragraph (15) of that subdivision. The director is authorized by paragraph 18 of that subdivision to adopt rules to implement both programs.

 

 

 

 

Subject: 

Opportunity to comment on the Office of Environmental Remediation’s proposed amendments to the city brownfield cleanup program rule.

Location: 
Central Park Room
100 Gold Street, 2nd Floor
New York, NY 10038
Contact: 

Dr. Daniel C. Walsh
Director of Environmental Remediation
100 Gold Street, 2nd floor
New York, NY 10038

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 29, 2012
Proposed Rules Content: 

 Click here (.pdf) for the complete text of the proposed rule.

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