Environmental Government Programs

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New York Mayor’s Office of Environmental Remediation

ASR specializes in obtaining closure (Notice of completion) for your property through the Office of Environmental Remediation (OER) which includes support through the application process, development and submittal of required reports (initial Work Plan, Remedial Investigation Report, Remedial Action Work Plan, Daily/Weekly/Monthly Reporting, and Remedial Action Report), Soil Management, Vapor Barrier & Sub-slab Depressurization System (SSDS) monitoring and certification, and final engineering signoff.

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New York State Department of Environmental Conservation Brownfield Cleanup Program

Is your property eligible to enter into the Brownfield Cleanup Program (BCP)?

Any property that is subject to a cleanup under a federal enforcement, state enforcement or is register as a city hazardous waste site is eligible to apply. ASR can assist in submitting a pre application to the NYSDEC for approval and eligible determination.

If yes, what’s next?

ASR will prepare and develop a Remedial Investigation Work Plan and the environmental assessment for the Brownfield Cleanup Program.

Are you liable for the environmental cleanup?

If it is determined that you did not cause the hazardous waste or discharge contaminates onto your property, you may enter the BCP as a volunteer. However, if you are the owner/operator of the property during the time of the disposal of the hazardous waste or discharge, you must enter the BCP as a participant. When the environmental cleanup is complete, the Volunteer will receive a release of liability from the NYSDEC with standard reservations. However, a Participant will not receive a release of liability from the NYSDEC.

What is required as part of the BCP agreement?

As part of the BCP agreement, you are required to perform an environmental investigation and clean up. During the duration of the cleanup, you are required to submit Daily Reports of all daily site activity as well as Weekly/Monthly Progress Reports. At the end of the project, a Remedial Completion Report will be prepared by a professional engineer certifying that the work completed reflects the approved RAWP. Once approved by the NYSDEC, you will receive a Certification of Completion for your project.

How to acquire a Certification of Completion?

Once the Work Plan is approved, your property will be characterized by the extent of the onsite contamination and the exposure assessment. Characterization of your property will fall under 1 of the 4 Track criteria:

    1. Track 1 – No restrictions regarding the use of the property.
    2. Track 2 – Scope of work is based on the intended use of the property. Residential and single family housing is restricted.
    3. Track 3 – Restricted the same as Track 2; however, the soil cleanup objectives will be modified based on the intended future use of the property.
    4. Track 4 – Restricted use with specific site soil cleanup objectives. No shallow soil shall be exposed without meeting the appropriate soil cleanup objectives.

Once your property is categorized, the environmental cleanup may commence with the appropriate measures and reporting in place. After the construction/redevelopment and environmental clean-up including engineering controls are completed, the Remedial Completion Report can be submitted.  If approved, the NYSDEC will issue a Certification of Completion acknowledging your completion of the BCP program and allow you to be eligible for the BCP tax credits.

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Environmental Government Programs Available for the Developer & Property Owner

ASR’s team has over 30 years of experience in developing creative solutions from minor to complex environmental cleanups. ASR can provide environmental consulting services for all environmental government agencies whether it is required as part of your due diligence or voluntary through the Voluntary Cleanup Program (VCP). ASR specializes in designing Remedial Action Work Plans (RAWP) for the New York Mayor’s Office of Environmental Remediation (OER), New York State Department of Environmental Conservation (NYSDEC) spills unit, and the NYSDEC Brownfield Cleanup Program (NYSDEC BCP) for incentives & grants. While RAWP are only the beginning to your environmental cleanup, ASR is confident we can support you through the entire process from the RAWP to obtaining a Certificate of Completion while providing cost efficient strategies for all your environmental needs.

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New York State Department of Environmental Conservation – Spill Department

If your property contains a NYSDEC spill number due to a petroleum release, ASR can assist in obtaining closure of your NYSDEC spill number(s). There are two basic solutions to closing a spill number: 1. by NYSDEC decision or 2. by an environmental cleanup. The overall objective for each spill cleanup is to insure adequate protection of human health, and the environmental damage has been remedied. The following are the steps to achieve an NFA (No Further Action) status from the NYSDEC:

  1. Identify the source or the ongoing source(s) of contamination,
  2. Investigate the soil and groundwater around and below the source area,
  3. Develop and submit a Remedial Action Work Plan to the NYSDEC for the removal of the identified contamination, and
  4. Perform the remediation. Once the source area is removed and the remedial cleanup process meets the technical guidelines of the NYSDEC, the site can petition for an NFA.