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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, April 24, 2017
Proposed Rules Content: 

 

 STATEMENT OF BASIS AND PURPOSE

 

 

The Office of Environmental Remediation (“Office” or “OER”) was established by Local Law No. 27 of 2009. Charter § 15(e)(5) authorizes its Director to administer financial incentives offered through various programs to promote the identification, investigation, remediation, and redevelopment of brownfields. Charter § 15(e)(15) authorizes the Director to administer the hazardous materials (E) designation program (described below) and § 15(e)(18) authorizes the Director to promulgate rules to implement the Office’s programs.

 

OER is proposing to amend the City’s environmental remediation rules in the following ways: 

 

First, Subchapter 6 of Chapter 14 of Title 43 would be amended to revise its title and to establish, through a new section, both a process for applicants to request modification of noise attenuation requirements in a special mixed use district, and also a fee for the administrative costs of reviewing these requests (§ 43-1461).

 

Second, the rules relating to the Brownfield Incentive Grant rule (“BIG rule”) would be amended to provide additional grants to City-supported affordable or supportive housing developments, as well as to manufacturing and industrial projects supported by the New York City Economic Development Corporation (“EDC”), by:

 

  • Reimbursing a supported project for the cost of the site investigation if the project is denied entry into the State brownfield program and is enrolled instead in the City Voluntary Cleanup Program (§ 43-1422(c)(11));
  • Authorizing the Office to exceed the City pre-enrollment grant award cap of $125,000 when an eligible project incurs costs to enroll in the State brownfield program that exceed $125,000 (§ 43-1422(c)(11)); and
  • Reimbursing projects eligible for a City pre-enrollment grant for 100% of their eligible costs, rather than requiring such projects to pay for 25% of the eligible services (§ 43-1416(h)).

In addition, the BIG rule would be amended in the following other ways:

● To allow qualified vendors under contract with EDC to provide eligible services and activities under (a) pre-enrollment and enrollment grants; (b) brownfield opportunity area local match grants; and (c) technical assistance and local match grants used by community based organizations to conduct place-based community brownfield planning (§ 43-1422(c)(1), (3) and (4)).

● To increase the reimbursement to development projects for the costs of hiring a consultant to advise on whether to enroll a project with the State brownfield program. Under the proposed rule, the City brownfield grant program would reimburse development projects $1,000 (a new award) and preferred community development projects $1,333 (currently $500) for these services.  The list of eligible services that can be reimbursed by brownfield green job training grants would also be expanded (§ 43-1419(a)(5) and Schedule B).

Third, the City Voluntary Cleanup Program rule would be amended by striking §43-1410 (f) to make it consistent with recently adopted State law establishing a statutory exemption for projects enrolled in the City’s Voluntary Cleanup Program from the State hazardous waste program fee and the special assessment on hazardous waste. Unless exempted, parties that remove hazardous waste from a property in New York State are required to pay the State a hazardous waste program fee and a special assessment for each ton of hazardous waste generated.

 

Finally, the proposed amendments include several technical drafting changes in the Program Rule to ensure consistency throughout this regulatory scheme (§§ 43-1406(a) and 43-1410).


“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.

Subject: 

Omnibus Amendments to City’s Brownfield Program Rules

Location: 
Central Park Room
100 Gold Street (2nd Floor)
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 24, 2015
Proposed Rules Content: 


Statement of Basis and Purpose

The Office of Environmental Remediation (“Office” or “OER”) administers the New York City Voluntary Cleanup Program (“VCP”) which directs developers to remediate light to moderately contaminated sites in New York City. OER and the New York State Department of Environmental Conservation (“DEC”) executed a Memorandum of Agreement (“MOA”) in July 2014 through which DEC recognizes the city Voluntary Cleanup Program and coordinates with OER in setting remedies for sites in the city cleanup program.  

In the course of remediating sites, developers often must excavate and dispose of hazardous waste that had been previously buried at their properties. New York State Environmental Conservation Law (“ECL”) § 72-0402 requires parties that generate hazardous waste, including owners of city VCP sites, to pay DEC $130 for each ton of hazardous waste they generate. On November 17, 2014, DEC agreed to exempt city VCP sites from paying the state hazardous waste program fee in an amendment to the MOA.

OER was established by Local Law No. 27 of 2009, and Charter § 15(e)(17) authorizes its Director to establish fees for programs administered by the office. To implement the amendment to the MOA, OER must certify to DEC each VCP site that generates hazardous waste to DEC. This work requires OER to conduct site inspections, work closely with a site’s representatives and certify to DEC that removal of hazardous waste from a site in the city program was proper and complied with all applicable laws and regulations.

The fee established by this proposed rule will cover OER’s costs in making certifications to DEC that each city VCP site with hazardous waste is worthy of an exemption from the state hazardous waste program fee. OER seeks to recover its costs in providing the service to VCP sites and to provide sufficient income over time for the office to expand its staff to manage the program as more city redevelopment projects seek to benefit from it.          

The proposed rule assesses a fee of $8.00 for each ton of hazardous waste that a city Voluntary Cleanup Program site generates.

Subject: 

Fee for hazardous waste program fee exemption

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

N/A

Download Copy of Proposed Rule (.pdf):