§ 43-1474 Remedial Action Plan.
RCNY § 43-1474
a. Preparation of the Remedial Action Plan.
1.Before an applicant may receive a building permit from DOB for any Development on a tax lot(s) subject to an (E) Designation or an Environmental Restrictive Declaration, where OER has determined that a Remedial Action Plan is required pursuant to 43 RCNY § 43-1473, the applicant must prepare a Remedial Action Plan and CHASP. The Remedial Action Plan must address contamination identified in the Phase II ESA Report to the satisfaction of OER, including, but not limited to: A. Elevated levels of contaminants pursuant to applicable DEC standards, criteria, and guidance; B. Contaminant source areas; C. The exposure pathways for contamination; D. Environmental exposure to contamination; E. Public exposure to contamination; F. Proposed cleanup criteria; and G. Health and Safety of construction workers and the general public during remedial action on the tax lot(s).
2.In preparing a Remedial Action Plan, the applicant must use templates provided by OER and consider appropriate remediation techniques, including, but not limited to, those set forth in the CEQR Technical Manual. The Remedial Action Plan must include a list of all remedial action objectives and explain how the proposed remedial action achieves these objectives.
3.OER must review the Remedial Action Plan in accordance with 43 RCNY § 43-1476.
4.In conjunction with its review of the Remedial Action Plan, OER may require the execution of a Declaration of Covenants and Restrictions by the title holder for the tax lot(s) subject to the (E) Designation or the Environmental Restrictive Declaration, which must be recorded against the property prior to the issuance of a notice of satisfaction. A. The Declaration of Covenants and Restrictions must bind the title holder, or a designee approved by OER to perform the Remedial Action Plan in accordance with its terms, and may include institutional controls, including restrictions on use of the property, and the maintenance of engineering controls, including the implementation of a site management plan for the operation, maintenance, monitoring, inspection, certification, and reporting of engineering controls as required by OER; B. In accordance with the Remedial Action Plan, the Declaration of Covenants and Restrictions may require controls that extend beyond the date of issuance of a temporary certificate of occupancy or a certificate of occupancy for the Project Site; C. The Declaration of Covenants and Restrictions may include a procedure for the periodic reporting to OER of the attainment and maintenance of any requirements contained in the Declaration of Covenants and Restrictions pursuant to this subsection; i. Where an OER site management plan requires periodic reporting, the owner of such site must annually submit, unless an alternate period is provided in writing by OER, a written institutional control/engineering control certification: (a) by a Qualified Environmental Professional, as defined in 43 RCNY § 43-1402, for all active remedial systems; (b) by a Qualified Environmental Professional for all mitigation or passive remedial systems; or (c) where the only control is an institutional control on the use of the property or a physical barrier or cover, the written certification may be made by the property owner. ii. The certification must be included in a report summarizing the site management performance for the certification period, in such form and manner as OER may require, and must state that: (a) the inspection of the site conducted to confirm the effectiveness of the institutional and engineering controls required by the remedy was performed under the direction of the party making the certification; (b) the institutional controls and/or engineering controls employed at such site are in place; (c) nothing has occurred that would impair the ability of such controls to protect the public health and environment; (d) the owner will continue to allow access to such real property to representatives of OER to evaluate the continued maintenance of such controls; (e) nothing has occurred affecting the institutional controls and/or engineering controls that would constitute or result in a violation or failure to comply with any site management plan for such controls; (f) the report and all attachments were prepared under the direction of, and reviewed by, the party making the certification; (g) to the best of their knowledge and belief, the work and conclusions described in the certification are in accordance with the requirements of the site's remedy and generally accepted science and engineering practices; and (h) the information contained in the certification is accurate and complete. iii. Only one certification must be filed for each site. If a site is comprised of multiple properties or parcels, the owner will arrange to file one consolidated certification. iv. In the event that the certification cannot be provided due to a failure of one or more of the institutional or engineering controls, the owner must provide to OER the following: (a) timely notification explaining the cause for such failure; (b) a work plan to implement the corrective measures necessary to provide the certification; and (c) a schedule for the corrective measures. v. In addition to the periodic reporting requirement, the owner must timely notify OER of any failure of one or more of the institutional or engineering controls and must provide a work plan to remedy any failure of the institutional or engineering control. vi. OER will review the work plan referenced in clauses (iv) and (v) of this subparagraph as provided in 43 RCNY §§ 43-1474 and 43-1476, and the owner must implement the corrective measures in accordance with the approved work plan. The owner must submit a certification, satisfying the requirements of item (b) of clause (iv) of this subparagraph upon completion of the corrective measures. D. The Declaration of Covenants and Restrictions must be executed by the title holder of such tax lot(s) and must be recorded against such tax lot(s) in the applicable county office of land records; and E. The Remedial Action Plan must be certified by a QEP or professional engineer, and all engineering controls must be certified by a professional engineer. b. Implementation of the Remedial Action Plan.
5.OER will have the right to inspect any tax lot(s) subject to remediation pursuant to this chapter consistent with applicable health and safety regulations, and the applicant must allow any such inspection by OER.
6.If DEC approves a remedial action at a tax lot, OER may apply DEC's approval to satisfy one or more or all of the requirements of this section for approval of a Remedial Action Plan. c. Completion of the Remedial Action Plan.
