§ 43-1473 Phase II Environmental Site Assessment.
RCNY § 43-1473
a. Before an applicant may receive a building permit from DOB for any Development with respect to a tax lot(s) subject to an (E) Designation or an Environmental Restrictive Declaration, the applicant must: 1. Complete a Phase II Environmental Site Assessment (Phase II ESA) in accordance with this section to determine the level and extent of contamination at the proposed Project Site; or 2. Submit to OER historical, regulatory or other evidence that a Phase II ESA is not required for the proposed Development, which OER will review in accordance with 43 RCNY § 1476. b. The applicant must prepare and submit to OER a Phase II Investigative Work Plan to implement an ASTM compliant or otherwise OER-approvable Phase II ESA, prepared in accordance with the CEQR Technical Manual. Such Work Plan must be prepared using an OER-approved format and must also include: 1. A detailed description of the previous and current uses of the Project Site; 2. A detailed description of the proposed development at the Project Site certified by the registered architect (RA) or professional engineer (PE) of record including: A. Supporting registered architect or professional engineer certified plans depicting foundation and subsurface utility layouts and depths, grade-level courtyards, landscaped open areas, and other grade-level areas not covered by structures; and B. all corresponding DOB permit application numbers.
3.A description of the development schedule for the Project Site; 4. Copies of reports of all previous investigations related to the presence or suspected presence of contamination on the Project Site; 5. A site-specific investigation health and safety plan (HASP), consistent with applicable U.S. Occupational Health and Safety Administration requirements found at 29 C.F.R. § 1910.120, to protect the health and safety of on-site personnel and the surrounding community. The HASP will identify all potential chemicals of concern at the Project Site and include material safety data sheets for each chemical compound group or chemical of concern. As a default, all chemical groups such as volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), pesticides, polychlorinated biphenyls (PCBs), and target analyte list (TAL) metals will be included in the investigation HASP; 6. The location of all proposed sampling points and sampling depths where applicable for soil, groundwater and soil vapor; 7. A description of the sampling and analytical methods and other investigative field work that complies with ASTM Phase II reporting requirements or other requirements of OER. c. OER may allow an alternate process to a Phase II Investigation Work Plan if such process is established under a remedial program operated by OER or DEC. d. Where applicable and at a minimum, the following procedures or requirements must be implemented in the Phase II ESA for all sampling techniques and methods: 1. All samples must be analyzed by a laboratory accredited by the New York State Department of Health Environmental Laboratory Approval Program (ELAP); 2. Soil and ground water samples must be analyzed for full list VOCs with methyl tertiary butyl ether (MTBE) analyzed by EPA Method 8260B, SVOCs by EPA Method 8270C, PCBs by EPA Method 8081A, pesticides by EPA method 8082, and TAL metals by EPA Method 6020 at an ELAP-certified laboratory.
4.Toxicity Characteristic Leaching Procedure, Method 1311, as delineated in EPA SW-846, 40 C.F.R. Part 261 and required by OER, or an EPA approved successor method must be used where appropriate.
5.Samples from sites on the DEC Registry of Inactive Hazardous Waste Sites must use a laboratory certified under EPA's Contract Laboratory Program or DEC's Analytical Services Program (ASP). e. OER will review the Work Plan submitted pursuant to subdivisions b and c of this section in accordance with 43 RCNY § 43-1476. f. The applicant must implement the Work Plan as approved by OER. g. Upon completion of the Phase II ESA, a report entitled "Phase II ESA Report" summarizing the Phase II ESA must be submitted to OER. The Phase II ESA Report must include: 1. A summary of the findings of all the studies and/or investigations performed; 2. A description of a site inspection performed by a QEP; 3. A description of all assessment and investigation techniques in accordance with applicable Federal and State standards, criteria, and guidance and OER templates; 4. Sampling Results, which must be presented in summary tables and compared to all relevant State and Federal standards, criteria, and guidance; 5. Maps of the tax lots (1"=50') including but not limited to: United States Geological Survey quadrangle map, name of quad and north arrow, on which the following is clearly indicated: A. All physical site characteristics with location of all historical features of environmental significance and recognized environmental conditions, including underground storage tanks, vent lines, fill lines, interior floor drains, exterior drywells and other pertinent information; maps of sampling locations and depths for soil, groundwater and soil vapor samples showing chemical analytical results that highlight exceedances of applicable standards, criteria, and guidance; and other pertinent information; B. Groundwater elevation and flow direction of the uppermost aquifer; and C. All identified contamination source areas.
6.Appendices, which must include: A. All raw data, B. Laboratory methods, C. Chain-of-custody forms, D. A quality assurance/quality control plan, including provisions for blank and duplicate samples and other quality assurance and quality control information as appropriate, E. Field notes, F. Soil boring/monitoring well logs prepared under the guidance of a QEP, G. As-built well construction details, H. Modeling programs used, I. Calculations and formulas, and J. Physical/chemical properties of chemical compounds of concern.
7.An assessment, based on findings of the Phase II ESA, of whether or not a Remedial Action Plan is required for the Project Site. h. The applicant may submit a Remedial Action Plan with the Phase II ESA Report. i. OER will review the Phase II ESA Report in accordance with 43 RCNY § 43-1476. j. Upon completion of its review of the Phase II ESA Report, OER will determine whether a Remedial Action Plan and site-specific Construction HASP (CHASP) is required.
1.If OER determines that a Remedial Action Plan is not required, OER will issue a notice of no objection to DOB; 2. If a Remedial Action Plan and CHASP have been submitted, OER will review it in accordance with 43 RCNY §§ 43-1474 and 43-1476; 3. If OER determines that a Remedial Action Plan and CHASP are required and a Remedial Action Plan and CHASP has not already been submitted by the applicant, the applicant must submit a Remedial Action Plan and CHASP for review by OER in accordance with 43 RCNY §§ 43-1474 and 14-1476. (Added City Record 2/2/2022, eff. 3/4/2022)
