Urban fill material in NYC can be addressed through the "E" designation program

According to a New York City Council Environmental Protection Committee report, as many as 7,600 acres of land in New York City may be contaminated with urban fill material. This fill material contains levels of heavy petroleum compounds at concentrations exceeding the New York State Department of Environmental Conservation (NYSDEC) standards; however, the compounds are usually related to historic industrial operations rather than a release of petroleum. The remediation of the urban fill is typically required by a lending institution and becomes the responsibility of the developer or owner. Moreover, the lending institution commonly relies upon a regulator to determine when remediation is complete. Currently, urban fill material can be easily addressed through the "E" designation program. Under this program, urban fill present within the proposed foundation is excavated and properly disposed of with any remaining fill being capped. Unfortunately, the "E" designation program only applies to properties that have undergone the City Environmental Quality Review (CEQR) process, such as rezoning. If a property has not undergone the CEQR process, then the only remaining regulatory review program is the NYSDEC spills. However, this program is mainly intended to address petroleum releases and when applied to urban fill material, it can be vague and conservative. The recent development of the New York City Local Brownfield Cleanup Program (LBCP) is the perfect fit for the developer looking to manage urban fill material under the guidance of a regulatory agency. The LBCP is managed by the New York City Mayor's Office of Environmental Remediation (NYC OER). According to the OER, it is "designed to oversee cleanup of Brownfield properties with light to moderate levels of contamination, including historical fill sites." Most properties within New York City, including "E" designation sites, are able to apply to the program. The LBCP will manage urban fill material in a similar way to the "E" designation program. The LBCP will also offer incentives, including grants to investigate and remediate environmental issues. Approximately $3 million will be available for LBCP projects over the next 4 years. Upon completion of remediation, a Clean Property Certification and a Certificate of Completion will be issued. The Clean Property Certification will be given in the form of a plaque that can be mounted on the outside of the building, similar to a LEED certification for a green building. The Certificate of Completion will serve as liability that the city shall not take or require any further investigatory or remedial action against the site, the enrollee or his/her successors. The OER will also recommend that no other governmental entity take or require any investigatory or remedial action in connection with the site, the enrollee or his/her successors. The OER hopes to seek agreements with state and federal agencies to have the LBCP certificate of completions formally recognized. At this time, the LBCP has yet to be formally launched. However, the LBCP is recommending that property owners interested in receiving grants for the upcoming year apply now. Please contact Hydro Tech Environmental, Corp. to discuss the remediation of urban fill material on your property and how you can enter into the LBCP program. Mostafa El Sehamy, P.G., C.G.W.P., C.E.M., is the president, senior hydrogeologist of Hydro Tech Environmental, Corp., Commack, N.Y.