Month: December 2012

NYC Receives Grant from Regional Economic Council For Brownfield Grant Program

Empire State Development (ESD) recently announced $738 million in funds have been awarded through Round Two of the Regional Economic Development Council initiative.  Regional Councils were put in place in 2011 to redesign the state’s approach to economic development from a top-down model to a community-based, performance-driven approach. One of the awards is a $500K …

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NYC Brownfield Grant Program Funding Hits Limit

The NYC Brownfield Program has been a popular tool for moderately contaminated sites because of the streamlined approach that allows sites to complete remediation fairly quickly. Properties that are remediated through the NYC BCP receive a Notice of Completion, which includes New York City liability release, a statement from the NYS Department of Environmental Conservation …

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1600 Homes Suffered Oil Spills Following Superstorm Sandy

According to representatives of the New York State Department of Environmental Conservation (NYSDEC), approximately 1600 residential properties suffered oil spills following Superstorm Sandy. Most of the spills were the result of damaged heating oil tanks. More than 3000 oil spills were reported following Sandy for all categories of properties. NYSDEC performed emergency response such as …

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EPA Revises “Comfort Letters” to Facilitate Renewable Energy Development on Contaminated Sites

EPA has revised its three model letters that may be used by regional offices when drafting site-specific comfort/status letters for lessees involved in renewable energy projects on contaminated property. The letters are intended to provide lessees who are contemplating leasing property for a proposed renewable energy development  and request a comfort/status letter from the EPA. The letters describe the information …

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EPA Issues Revised Guidance on Applicability of BFPP Protection To Tenants

EPA issued revised guidance discussing the potential applicability of the CERCLA Bona Fide Prospective Purchaser (BFPP) liability protection to tenants who lease contaminated or formerly contaminated properties. Revised Enforcement Guidance Regarding The treatment of Tenants Under the CERCLA Bona Fide Prospective Purchaser Protection. The guidance supersedes EPA’s January 14,2009 guidance titled “Enforcement Discretion Guidance Regarding the Applicability …

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