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What is NYC RCNY § 43-1406?

Quick Answer

a. Work plans.

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Effective: 6/3/2017Last amended: 6/3/2017

§ 43-1406 Work Plans and Reports.

RCNY § 43-1406

a. Work plans. All work undertaken as part of a remedial program under a City voluntary cleanup agreement shall be detailed in a work plan, unless determined otherwise by the Office.

1.All work plans shall: A. be prepared and implemented in accordance with the requirements of all applicable laws, rules and regulations; B. consider applicable Office guidance; C. be submitted to the Office for review and approval, pursuant to subdivision d of this section; and D. include, at a minimum, a schedule for performance of anticipated activities with sufficient detail to allow the Office to evaluate the work plan.

2.All field activities conducted pursuant to an approved work plan shall be overseen by a qualified environmental professional. Such qualified environmental professional may be an employee or a consultant retained by the enrollee to supervise the field activities.

3.The enrollee shall notify the office at least seven days in advance of any field activities to be conducted under an office-approved work plan, as well as any pre-construction meetings, job progress meetings, substantial completion meeting and inspection, and final meeting and inspection. The office may attend such activities, meetings and inspections, provided, however, that the enrollee may exclude the office from portions of activities, meetings and inspections in which privileged matters are discussed.

4.The office shall use its best efforts to approve, modify, or reject a proposed work plan within forty-five days of receipt by the office or within fourteen days of the close of the public comment period for such work plan, whichever is later. b. Reports.

5.The office shall review the remedial action report, the submissions made in the course of the remedial program, and any other relevant information regarding the site and make a determination as to whether the goals of the remedial program have been or will be achieved in accordance with established time frames and whether all investigation and remediation required by state or federal law to be supervised and/or approved by a state and/or federal agency have been completed.

6.Upon the office's approval of the remedial action report, the office shall issue a written notice of completion and a green property certification, pursuant to subchapter three of this chapter. d. Review of work plans and reports.

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