Work Plans and Reports.
43 RCNY § 43-1406
in effect§ 43-1406 Work Plans and Reports.
a. Work plans. All work undertaken as part of a remedial program under a City voluntary cleanup agreement shall be detailed in a work plan, unless determined otherwise by the Office.
1. All work plans shall:
A. be prepared and implemented in accordance with the requirements of all applicable laws, rules and regulations;
B. consider applicable Office guidance;
C. be submitted to the Office for review and approval, pursuant to subdivision d of this section; and
D. include, at a minimum, a schedule for performance of anticipated activities with sufficient detail to allow the Office to evaluate the work plan.
2. All field activities conducted pursuant to an approved work plan shall be overseen by a qualified environmental professional. Such qualified environmental professional may be an employee or a consultant retained by the enrollee to supervise the field activities.
3. The enrollee shall notify the office at least seven days in advance of any field activities to be conducted under an office-approved work plan, as well as any pre-construction meetings, job progress meetings, substantial completion meeting and inspection, and final meeting and inspection. The office may attend such activities, meetings and inspections, provided, however, that the enrollee may exclude the office from portions of activities, meetings and inspections in which privileged matters are discussed.
4. The office shall use its best efforts to approve, modify, or reject a proposed work plan within forty-five days of receipt by the office or within fourteen days of the close of the public comment period for such work plan, whichever is later.
b. Reports.
1. All reports including, but not limited to, all reports, design documents, plans or site management plans, that are submitted to the office in draft or final form pursuant to a local brownfield cleanup agreement for any phase of the remedial program shall be submitted in accordance with the schedule contained in an approved work plan, report or design document or any subsequent schedule agreed to and approved by the office.
2. Reports shall include, but not be limited to, all:
A. environmental or health data generated relative to the site;
B. information, other than in subparagraph A of this paragraph, obtained as part of the implementation of the work plan; and
C. assessments and evaluations required by the work plan.
3. Each final report, shall contain a certification by the individuals with primary responsibility for the day to day performance of the activities under the work plan. The certification shall:
A. be on such form as provided by the office;
B. include the certification of a professional engineer; and
C. certify that all activities were performed in full accordance with the approved work plan and any modifications approved by the office.
4. The office shall use its best efforts to approve, modify, or reject a report within thirty days of receipt by the office.
c. Remedial action report.
1. In accordance with the schedule contained in an approved remedial action work plan or an addendum to such remedial action work plan for detailed remedial design, a remedial action report shall be submitted that includes but is not limited to:
A. site boundaries;
B. a description of activities completed pursuant to the approved remedial action work plan or an addendum to such remedial action work plan for detailed remedial design;
C. a description of any engineering or institutional controls that will be used, including mechanisms to implement, maintain, monitor, and enforce such controls; and
D. a site management plan.
2. The remedial action report shall be prepared in accordance with all relevant statutes, rules and regulations and upon consideration of applicable state written guidance as made available on the website of the New York state department of environmental conservation.
3. The remedial action report shall be prepared and certified as provided in paragraph three of subdivision b of this section.
4. The remedial action report certification shall contain a certification by the individuals with primary responsibility for the day to day performance of the activities under the work plan. The certification shall include the certification of a professional engineer and state that:
A. such individuals had primary direct responsibility for the implementation of the subject remedial program;
B. all requirements of the remedial program have been complied with;
C. the data demonstrates that remediation requirements have been or will be achieved in accordance with time frames contained in the approved remedial program;
D. all activities described in the report have been performed in accordance with the remedial program and any subsequent changes as agreed to and approved by the office;
E. any use restrictions, any other institutional controls, any engineering controls and/or any site management plan requirements are contained in a duly recorded declaration of covenants and restrictions; and
F. any required financial assurance mechanisms required pursuant to 43 RCNY § 43-1410(c) have been executed.
5. The office shall review the remedial action report, the submissions made in the course of the remedial program, and any other relevant information regarding the site and make a determination as to whether the goals of the remedial program have been or will be achieved in accordance with established time frames and whether all investigation and remediation required by state or federal law to be supervised and/or approved by a state and/or federal agency have been completed.
6. Upon the office's approval of the remedial action report, the office shall issue a written notice of completion and a green property certification, pursuant to subchapter three of this chapter.
d. Review of work plans and reports.
1. The office shall approve, propose modifications to or reject a proposed work plan or report submitted pursuant to a local brownfield cleanup agreement.
2. Approval. Upon the office's written approval of a work plan or report, such work plan or report shall:
A. be incorporated into and become an enforceable part of the local brownfield cleanup agreement pertaining to the site's remedial program;
B. in the case of a:
i. work plan, be implemented in accordance with the schedule contained therein; or
ii. report, the approval shall initiate the next phase of the remedial program in accordance with the local brownfield cleanup agreement; and
C. such work plan or report shall be placed by the enrollee in the site document repository.
3. Proposed modification. If the office requests that the enrollee modify a work plan or report or the office provides the enrollee with a modified work plan, the office shall provide the enrollee with the reasons for such requested modification in writing. Within fifteen days of such notice, the enrollee shall elect in writing to:
A. modify the work plan or report as requested by the office, or accept an office modified work plan or report, within thirty days of receipt of the notice;
B. invoke dispute resolution, pursuant to 43 RCNY § 43-1405(a)(6); or
C. terminate the local brownfield cleanup agreement, pursuant to 43 RCNY § 43-1405(a)(10).
4. Rejection. If the office rejects a work plan or report, the office shall provide the enrollee with the reasons for such rejection in writing. Within fifteen days of that written notice, the enrollee shall elect in writing to:
A. modify the rejected work plan or report, within thirty days of receipt of the written notice;
B. invoke dispute resolution, pursuant to 43 RCNY § 43-1405(a)(6); or
C. terminate the local brownfield cleanup agreement, pursuant to 43 RCNY § 43-1405(a)(10).
(Amended City Record 5/4/2017, eff. 6/3/2017)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-81975Fetched: 10/24/2026