NYSDEC

NYSDEC Exercising Enforcement For Bottle Redemptions

enforcement, Pollution Prevention / By

Pursuant to Empire State Development Corporation’s  Guidance on Executive Order 202.6, “trash and recycling collection, processing and disposal services” are considered essential business or entities that are not required to reduce in-person workforce by 100%.  The exclusion includes collection, transportation, processing and disposal activities for any solid wastes, regulated medical waste, hazardous wastes, radioactive wastes […]

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NYSDEC Issues Revised Guidance for PFAS Sampling and Analysis

New York Brownfield Cleanup Program, NY State Superfund, PFAS / By

Earlier this month, the New York State Department of Environmental Conservation (NYSDEC) just released its new “Guidance for Sampling and Analysis of PFAS Under NYSDEC’s Part 375 Remedial Programs January 2020” (“PFAS Guidance”).  The purpose of the PFAS Guidance is to establish procedures for sampling PFAS and for determining if PFAS is a contaminant of concern for

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Appellate Court Restricts NYSDEC Ability to Spend Superfund Money

CERCLA, Hazardous Waste / By

A legal maxim is that  bad facts often make bad law. It appears that complex facts may have confused an Appellate Division court in In the Matter of FMC Corporation vs New York State Department of Environmental Conservation, 2016 N.Y. App. Div. LEXIS 6785 (App. Div.-Third Dept. 10/20/16) where the three judge-panel appeared to rule

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NYSDEC Adopts Final Definition of “Underutilized” for NYC Brownfield Sites

New York Brownfield Cleanup Program / By

Over a year after the 2015 amendments to the state Brownfield Cleanup Program (BCP) went into effect and eight months after the legislative deadline, the New York State Department of Environmental Conservation (NYSDEC) announced it was adopting amendments to its Part 375 regulations defining what constitutes  “underutilized” and “affordable housing”.  The definitions are important because

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NYSDEC Proposes Revised Brownfield “Underutilized” Definition

Brownfields, New York Brownfield Cleanup Program / By

The NYSDEC’s much awaited revised definition of underutilized that was required as part of the 2015 Brownfield Cleanup Program (BCP) reforms will be published in the March 9, 2016 New York State Register (NYR). The proposed definition is currently available on the NYSDEC website As previously  discussed, the 2015 BCP amendments replaced the ‘as of

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NYSDOH Lowers Vapor Intrusion Action Levels for TCE

New York Brownfield Cleanup Program, vapor intrusion / By

As anyone who has gone through the New York State Brownfield Cleanup Program (BCP) is all too aware, the New York State Department of Health (NYSDOH) has an important role in the cleanup process. The NYSDOH is responsible for determining that work completed under the NYSDEC remedial programs are protective of public health for the

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Amended BCP Becomes Effective but Not Fully Operational For NYC Sites

New York Brownfield Cleanup Program, NYC OER / By

The amendments to the New York State Brownfield Cleanup Program (BCP) became effective on July 1st—that is except for two key tax credit eligibility criteria for properties located in New York City. Moreover, the rollout of an important alternative to the BCP will be delayed until 2016. As regular readers of this blog are aware,

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NYSDEC Proposed “Underutilized” Definition Will Adversely Affect Small Commercial Property Owners

New York Brownfield Cleanup Program / By

Environmental issues can be particularly vexing for small real estate development projects. A $200K-$300K cleanup may just be a rounding error for a $100MM project but could jeopardize the financial viability of a $5MM or even $10mm project.  In most cases, the lender for a small project will hold back 125% to 150% of the

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50% of BCP Projects Fail to Obtain COCs in 2014

New York Brownfield Cleanup Program / By

Earlier this year, we reported that the New York State Department of Environmental Conservation (NYSDEC) was expecting to issue a record number of Certificates of Completion (COCs) under the Brownfield Cleanup Program (BCP) in 2014. Based on anticipated project completion dates provided by applicants, NYSDEC projected that it could issue as many as 92 BCP COCs by

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NYSDEC Streamlines Environmental Easement Requirements

New York Brownfield Cleanup Program / By

In a prior post, we discussed common mistakes made by applicants in the New York State Brownfield Cleanup Program (BCP) that can delay issuance of the Certificate of Completion (COC). Many of the errors involved the environmental easement package that must be completed for projects that do  not achieve a Track 1 unrestricted cleanup. Earlier

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