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NYC 9/11 Public Portal Document

FEE-28-2001 19:45 MAYOR'S OFC of ENU. COORD 1 212 788 2941 P.05/07

NYS Bond Act Brownfield Projects. HPD is withdrawing sites 4 and 10 from the Melrose Commons Brownfields investigation under the Bond Act. The additional time required for review by the state causes an unreasonable delay in moving the projects forward. The other nine sites at Melrose Commons remain in the Bond Act.

Environmental Justice. Regular meetings of the DEC EJ Advisory Group are expected to resume at the end of March.

Suoerfund Legislation: MOEC held a meeting on February 26 with the Law Department, DEP, and City Planning to discuss proposed State SuperfundBrownfields legislation. Another meeting will be held in two weeks to compile talking points for the State Legislative Affairs office. MOEC has contacted EDC and HPD to join in these efforts.

Energy Projects: Although MOEC is neither the lead nor the project manager for any of the energy projects, we will update you on any information we are aware of with regard to these matters.

NYPA Turbine Generators: By the time you read this weekly report, the DEP Commissioner will already have called D/M Lhota regarding this matter. DEP recently asked Alessandra to follow upon the status of D/M Harding's decision regarding the response letter to NYPA. DEP is concerned as NYPA has commenced construction at certain sites; so this matter needs to be addressed now. Alessandra spoke to Barbara Flynn, who discussed the matter with D/M Harding. The Deputy Mayor directed DEP to issue an approval to NYPA. As was explained to Harding's office, this would mean that DEP would be issuing NYPA permits without ever receiving applications from NYPA and without the requisite information that is needed to complete the permit applications. Such an action would put DEP's permitting process into question. In addition, it should be mentioned that for purposes of the lawsuit, the Plaintiffs are aware that NYPA has not filed any applications with DEP. Therefore, DEP is being directed to issue permits sua sponte to NYPA.

DEP has suggested that NYPA be told that it should just send DEP the applications and that DEP will expeditiously issue the permits. In fact, NYPA could submit the applications to DEP that it submitted to DEC, with some additional information, and DEP would agree to accept this documentation. DEP is not asking NYPA for anything that would require a great deal of work, NYPA could even do this under cover of a letter stating that it is doing this in protest and that it still objects to the City's jurisdiction. D/M Harding's office responded to this suggestion with the direction that DEP should just proceed to issue the permits.

Alessandra advised DEP of D/M Harding's direction. DEP objects to issuing NYPA permits under these circumstances. DEP's counsel is also advising the Commissioner against such action. It was recently mentioned by DEP that the Law Department, which frequently converses with NYPA's counsel (Steve Kass), has suggested to NYPA that it should just file the applications, that DEP will make it as easy as possible, and that DEP will issue the permits promptly. NYPA's counsel did not say yes or no, and may be considering it. NYPA's decision to send in the applications would conclude this matter, but if it decides not to apply, DEP, at this time, will not issue these permits.

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