§ 43-1443 Operation of the New York City Clean Soil Bank and Other Materials Exchange Program.
RCNY § 43-1443
a. To apply to be a generating property, eligible properties other than City-operated facilities must submit a soil or other materials availability form to the Office. The Office will determine if the soil or other material is eligible for transfer to a receiving property. For soil exchange, this will be done by comparing soil quality to the soil quality required by applicable laws, rules, regulations and agreements between the Office and DEC. b. To apply to be a receiving property, eligible properties must submit a soil or other materials request form to the Office. c. If the Office determines that the needs of a receiving property and a generating property may match, the Office will inform each property. In matching eligible properties, the Office will adhere to the following priority order: City-Owned or City-Financed construction properties first, properties enrolled in City or State remedial programs second, and City-Supported private sites not enrolled in a City or State remedial program third. d. Parties must negotiate terms for the transfer of eligible materials directly with each other, although for City-Operated generating properties, these negotiations may be facilitated by OER if an agency requests its assistance. Reaching an agreement on final terms for transfer is the responsibility of the generating and receiving property, and not the responsibility of the Office. However, OER may negotiate terms on behalf of City agencies if an agency requests its assistance. e. Once a generating property has reached an agreement with a receiving property to transfer eligible materials, the parties must notify the Office. f. All transfers of soil or other materials must be in compliance with all applicable laws, rules and regulations or with applicable agreements between the Office and DEC. g. Prior to the transfer of any eligible materials, all private parties participating in the New York City Clean Soil Bank and Other Materials Exchange Program may be required to release the City from any liability and indemnify the City. (Amended City Record 4/3/2018, eff. 5/3/2018)
