Amendments to the rule governing removal of E-designations and Environmental Restrictive Declarations

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Wednesday, September 13, 2017
Download Copy of Adopted Rule (.pdf): 

STATEMENT OF BASIS AND PURPOSE

DEP has revised the rule governing (E) Designations, which are placed on a tax lot or lots pursuant to Section 11-15 of the New York City Zoning Resolution (“ZR”) to provide notice that environmental requirements must be met before the property can be redeveloped. The amended rule accomplishes the following:

1) It authorizes OER to approve final cleanups without site management at properties that achieve a level of remediation that does not rely on institutional or engineering controls. Site management is not required in these instances because the activities that a site owner would otherwise monitor under a site management plan are already prohibited by the City. ZR Section 11-15 allows hazardous materials (E) Designations to be removed by the Department of City Planning upon receipt of a duly issued Notice from OER stating that no further testing, remediation or ongoing site management is required for hazardous materials contamination. OER has been issuing said Notices once a site achieves a complete site cleanup, also known as a Track 1 cleanup. For consistency of implementation, DEP has amended the (E) Designation rule to also allow for the removal of hazardous materials (E) Designations from properties that achieve a cleanup without reliance on engineering or institutional controls.

2) It allows for the removal of an (E) Designation for noise and/or air quality under specified circumstances. The amended rule allows for (E) Designations related to air quality and noise to be removed from a tax lot upon notice from OER that the environmental requirements for noise or air quality have been completed. The rule clarifies that where a development project with an (E) Designation for noise and/or air quality has been built out to its full development potential according to zoning, and installation reports demonstrate that the noise or air quality requirements have been fully completed, the (E) Designations for air quality and noise can be removed from a tax lot consistent with Section 11-15 (d)(1) of the Zoning Resolution of the City of New York.