N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-1.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 375-1.6 - Work plans and reports

(a) Work plans. All work undertaken as part of a remedial program for a site shall be detailed in a work plan, unless determined otherwise by the department.

(1) All work plans shall:

(i) be prepared and implemented in accordance with the requirements of all applicable laws, rules and regulations; and

(ii) consider applicable department guidance.

(2) A proposed work plan shall be submitted for department review and approval, as set forth in subdivision (d) of this section, and shall include, at a minimum, a schedule for performance of anticipated activities with sufficient detail to allow the department to evaluate that work plan.

(3) During all field activities conducted under a department approved work plan, the remedial party shall have a qualified environmental professional, meeting the requirements set forth in section 375-1.2(ak) of this Subpart, on site to supervise the activities undertaken. Such representative may be an employee or a consultant retained by the remedial party to perform such supervision.

(4) The department shall be notified at least seven days in advance of, and be allowed to attend, any field activities to be conducted under a department approved work plan, as well as any pre-bid meetings, job progress meetings, substantial completion meeting and inspection, and final inspection and meeting; provided, however that the department may be excluded from portions of meetings where privileged matters are discussed.

(b) Reports.

(1) All reports including, but not limited to, all reports, design documents, plans or site management plans, with the exception of the final engineering report which is addressed in subdivision (c) of this section; which are submitted to the department in draft or final form pursuant to an order, agreement or State assistance contract for any phase of the remedial program are to 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 department.

(2) Reports shall include, but not be limited to, all:

(i) environmental or health data generated relative to the site;

(ii) information, other than in subparagraph (i) of this paragraph, obtained as part of the implementation of the work plan; and

(iii) assessments and evaluations required by the work plan.

(3) Each final report, shall contain a certification by the person with primary responsibility for the day to day performance of the activities under the work plan. The certification shall:

(i) be on such form as provided by the department and shall be included in the final report provided for approval;

(ii) be completed by a professional engineer, or such other qualified environmental professional as the department may find acceptable; and

(iii) certify that all activities were performed in full accordance with the department approved work plan and any department approved modifications.

(c) Final engineering report.

(1) In accordance with the schedule contained in an approved remedial work plan or remedial design, a final engineering report shall be submitted that includes but is not limited to:

(i) a description of activities completed pursuant to the approved remedial work plan or remedial design;

(ii) site boundaries;

(iii) a description of any institutional controls that will be used, including mechanisms to implement, maintain, monitor, and enforce such controls; and

(iv) a site management plan, as set forth in section 375-1.2(at) of this Subpart.

(2) The final engineering report shall be prepared in accordance with all relevant statutes and regulations and upon consideration of applicable guidance.

(3) The final engineering report shall be prepared by a professional engineer with primary responsibility for the day to day performance of the remedial program activities:

(4) The final engineering report shall include a certification by the professional engineer, that:

(i) such party is, and at all pertinent times hereinafter mentioned was, a currently registered professional engineer;

(ii) such party is the individual who had primary direct responsibility for the implementation of the subject remedial program;

(iii) all requirements of the remedial program have been complied with;

(iv) the data demonstrates that remediation requirements have been or will be achieved in accordance with time frames contained in the approved remedial program;

(v) all activities described in this report have been performed in accordance with the remedial program and any subsequent changes as agreed to and approved by the department;

(vi) any use restrictions, institutional and/or engineering controls, and/or any site management plan requirements are contained in a duly recorded environmental easement and that every municipality in which the site is located has been notified of the environmental easement; and

(vii) any required financial assurance mechanisms required in accordance with section 375-1.11(c) of this Subpart have been executed.

(5) The department shall review the final engineering report, the submittals 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.

(6) The department will issue a written certificate of completion, upon the department's approval of the final engineering report.

(d) Review of work plans and reports.

(1) The department shall approve, modify, or reject a proposed work plan or report submitted pursuant to an order, agreement or State assistance contract.

(2) Approval. Upon the department's written approval of a work plan or report, such work plan or report shall:

(i) be incorporated into and become an enforceable part of any order, agreement or State assistance contract pertaining to the site's remedial program;

(ii) in the case of a:

(a) work plan, be implemented in accordance with the schedule contained therein; or

(b) report, the approval will initiate the next phase of the remedial program in accordance with the order, agreement or State assistance contract; and

(iii) such work plan or report shall be placed by the remedial party in the site document repository.

(3) Modification. If the department requests modification of a work plan or report by the remedial party, or provides a department modified work plan or report, the reasons for such modification shall be provided in writing. Within 15 days of the notice, the remedial party shall elect in writing to:

(i) modify the work plan or report as requested by the department, or accept a department modified work plan or report, within 30 days of receipt of the written notice;

(ii) invoke dispute resolution, as set forth in section 375-1.5(b)(2) of this Subpart; or

(iii) in the case of a brownfield site remedial program, terminate the agreement in accordance with section 375-3.5 of this Part.

(4) Disapproval. If the department disapproves a work plan or report, the reasons for such disapproval shall be provided in writing. Within 15 days of that written notice, the remedial party shall elect in writing to:

(i) modify the disapproved work plan or report, within 30 days of receipt of the written notice;

(ii) invoke dispute resolution, as set forth in section 375-1.5(b)(2) of this Subpart; or

(iii) in the case of a brownfield site remedial program, the remedial party can also terminate the agreement in accordance with section 375-3.5 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-1.6