NYSDEC Release Draft Update to DER-10
On November 4, 2009, NYSDEC released a draft update to DER-10 Technical Guidance for Site Investigation and Remediation. The new draft DER-10 now ties all DER Program sites (Brownfield Cleanup Program, Environmental Restoration Program, Voluntary Cleanup Program, and State Superfund Sites) to Part 375 Soil Cleanup Objectives (SCO). Petroleum and Chemical Bulk Storage sites may or may not be subject to adherence to SCOs and will have more site specific discretion depending if they are being addressed under one of the above referenced programs. Also, the new draft DER-10 makes no reference to TAGM 4046.
A second draft policy document was also released which outlines procedures for selecting soil cleanup levels appropriate for each remedial program.
In addition, NYSDEC released two (2) new draft Brownfield Cleanup Program (BCP) policies pertaining to Site Eligibility (DER-30) and Brownfield Cleanup Agreements (DER-32).
DER-30 outlines a procedure by which, upon written request, DEC will issue a BCP eligibility opinion as to whether a site meets the definition of a "brownfield site" (as defined at ECL 27-1405(2)). Sites must be within a Brownfield Opportunity Area (BOA).
DER-32 outlines a procedure under which applicants to the BCP can advance a more timely execution of a Brownfield Cleanup Agreement (BCA).
The updated draft policies can be found on the DEC’s website at http://www.dec.ny.gov/regulations/2393.html.
To find out more about these draft policies you can also contact S&W Redevelopment of North America, LLC at (315) 422-4949.
S&W Redevelopment is a brownfield redevelopment company specializing in the acquisition and redevelopment of contaminated property. S&W Redevelopment is the most frequent user of the Brownfield Cleanup Program (BCP) and has secured 12 Certificates of Completion (COC) to date.
Terence Maliga
S&W Redevelopment of North America, LLC
430 East Genesee Street, Suite 401
Syracuse, NY 13202
(315) 422-4949
Fax (315) 422-2124
TMaliga@swredev.com