§ 24-05 Phase I Environmental Site Assessment.
RCNY § 24-05
a. For any Development Site that is under the control or ownership of the applicant and that, following review of visual or historical documentation pursuant to 15 RCNY § 24-04, warrants a hazardous materials assessment, the Lead Agency shall conduct, or shall cause to be conducted, a Phase I Environmental Site Assessment (Phase I ESA) consistent with the current American Society of Testing and Materials (ASTM) Phase I ESA standard. b. The Phase I ESA may be limited to: (1) Historical land use review; (2) Regulatory agency list review; and (3) Site and surrounding area reconnaissance visit. c. A report entitled "Phase I ESA Report" and any supplements thereto, summarizing the Phase I ESA shall be prepared by or for the Lead Agency and a copy of such report shall be provided to the Department. The Phase I ESA Report shall include any information discovered in the Phase I ESA. The Department may provide the Lead Agency with any additional information it deems relevant together with any comments regarding the contents of the Phase I ESA and any supplements thereto within twenty (20) days of receipt of the Phase I ESA Report. d. The Lead Agency may respond to the Department's comments and any additional information either by placing or causing DCP to place an (E) on the relevant tax lot(s) or by issuing a Final Phase I ESA Report that addresses any such comments and/or additional information. The Lead Agency shall inform the Department and OER of such determination. e. If a Phase II Environmental Site Assessment or a remedial plan is expected to be conducted during the environmental review, the Lead Agency must coordinate with the Department to ensure that the testing and/or remedial plans are acceptable and protective of public health.
