In response to inquiries on essential construction activities under Gov. Andrew M. Cuomo’s Executive Order 202.13 and Executive Order 202.6 limiting exempt construction activities to “essential” and emergency constriction, New York State Department of Environmental Protection’s (DEC) Division of Environmental Remediation issued guidance identifying the following remediation activities as essential construction:
Remedial construction activities, including new construction starts, at sites that DEC has determined pose a significant threat to public health and/or the environment, including Class 2 sites on the Registry of Inactive Hazardous Waste Disposal Sites and significant threat sites in the Brownfield Cleanup Program,
Completion of remedial construction already under way at non-significant threat sites as necessary to ensure site safety and prevent exposure to site contaminants, including completion of site cover systems,
Operation and maintenance activities for active remedial systems that are necessary for the continued protection of human health and the environment,
Interim remedial measures to address imminent human exposures and/or threat of significant contaminant migration,
Spill response actions, and
Investigation, including pre-design investigations, of petroleum and hazardous waste releases as determined by DEC on a case-by-case basis to be necessary to address potential human exposures and/or threat of significant contaminant migration.
DEC further clarified that these criteria are subject to change as response to COVID-19 continues. DEC’s guidance is available here.
The Zoghlin Group PLLC has experience representing municipalities, developers, contractors and property owners.& For help understanding your obligations under Executive Order 202.6 and 202.13 as it relates to remediation activities, construction and enforcement, please contact Bridget O’Toole, Esq. at The Zoghlin Group PLLC.
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