Notice of Public Hearing and Opportunity to Comment on Proposed Amendments to the City’s Environmental Remediation Rules

Proposed Rules: Closed to Comments

Comment By: 
Monday, October 29, 2018


The Office of Environmental Remediation (“Office” or “OER”) was established by Local Law No. 27 of 2009. Charter § 15(e)(14) authorizes the Director to take such actions as may be necessary to facilitate the remediation of brownfields, and § 15(e)(15) authorizes OER to administer the E-Designation program. Charter § 15(e)(17) authorizes the Director to establish fees for the administration of the Office’s programs, while § 15(e)(18) authorizes the Director to promulgate rules to implement the programs. Section 1403(e) of the City Charter authorizes DEP to review environmental consequences of an activity requiring city agency approval where such activity may have a significant impact on the physical aspects of the environment of the city.

OER administers compliance with the E-Designation Program. After E-designations are assigned to properties during rezoning actions (Zoning Resolution, § 11-15), OER works with developers of E-designated sites to ensure that the environmental requirements for hazardous materials and/or noise and/or air quality are met during construction and redevelopment. At times, development plans are delayed and changed after OER has already approved remedial plans, prompting a developer to request that OER conduct a second analysis of their property.

DEP and OER now propose new E-designation fees for OER to review and approve. First, the Office seeks to increase certain fees that developers pay for OER review of their projects to account for increased OER costs in administering the program. Second, the Office seeks to assign fees to time-consuming E-designation reviews not accounted for by existing fees. 

DEP and OER therefore propose to amend the City’s environmental remediation rules as follows:

1. Section 24-09 of Chapter 24 of Title 15 of the Rules of the City of New York would be amended as follows:

    • The fee for issuance of a Notice of No Objection by OER would be increased from $375 to $475 (§ 24-09(b)). This increase reflects OER’s increased costs in project reviews necessary to deliver these notices.
    • The fee for seeking a phased review and sign-off procedure by OER resulting in a Notice To Proceed or a Notice of Satisfaction would be increased from $1,050 to $1,325 (§ 24-09(c)). This increase reflects OER’s increased costs in conducting project reviews to issue these notices.

2. Projects requiring additional OER review after issuance of a Notice To Proceed would be subject to a fee of $475 (§ 24-09(d)). Developments which are delayed or modified may require the re-issuance of a Notice To Proceed, requiring further review by OER staff to determine how the approved remedial action plan needs to be modified.

3. Projects requiring OER review of a request to convert an active sub-slab depressurization system to a passive sub-slab depressurization system would pay a fee of $475 (§ 24-09(e)). This fee accounts for the time spent by OER staff reviewing results from soil vapor tests and determining whether a change to the site management plan is appropriate.

4. Projects with active sub-slab depressurization systems would be charged a fee of $275 for review of periodic reports required by their site management plans (§ 24-09(f)). This fee accounts for OER staff review of periodic reports of properties with active remedial systems.

Public Hearing


Public Hearing Date: 
Monday, October 29, 2018 - 11:30am

No contact

Prospect Park Room
100 Gold Street, 2nd Floor
New York, NY 10038