Counsel memo discussing the issuance of a Commissioner's Order to an unresponsive owner of a building extensively contaminated with WTC residue.
NYC-WTC_000151469–000151470Folder label: “WTC DC TO RC LETTERS CALLEHAN WHITMAN ETC. WARD DOCTOROFF KENNY”
OCR status: ok · source: pdftotext
NYC 9/11 Public Portal Document
— -- THE Cm OF NEW YORK DEPARTMENT OF ENVIRONMENTAL PROTECTION IS CHRISTOPHER 0. WARD, Commissioner
MARK D. HOFFER General Counsel PHONE (718) 595-6555 Bureau of Legal Affairs FAX (718) 595-6543
July 11, 2002
TO: Mark Hoffer
FROM: Russell Pecunies Assistant counsel {IP RE: Langauage for Commissioner’s Orders Related to Lower Manhattan Building Cleaning
As we discussed, the Asbestos Control Program wants to issue a Commissioner’s Order to the owner of 10-12 Maiden Lane, Manhattan. This building is 1 1/2 blocks from the WTC site, it was vacant prior to and since 9/11 and pictures of the roof taken from adjoining buildings show it is extensively contaminated with WTC residue. All attempts to contact the listed owner have been unsuccessful. This raises the following issues: 1- since we have no access to the building, we have no positive samples. 2- We need to word the Order in a way which satisfies the requirements of the Spill Bill but is also consistent with the past positions we have taken regarding the hazard posed by WTC residue.
3- We need to decide what to do in the event the order does not bring results (i.e., do we issue NOVs, do we clean the building and bring an action for costs, etc.). 4- should we give the owner the option of enrolling in the Building Cleaning Program as a way of complying with the Order? I have attached a copy of an order I drafted back in March. Please comment regarding the language used, as well as the questions raised above. cc: Avaltroni, Gilsenan, Radhakrishnan, Schiano, Rogak, Lutchmedial
59-17 Junction Boulevard, 19th Floor, Corona, New York 11368 NYC-WTC_000151469
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NYC-WTC_000150907
Legal memorandum discussing the drafting of a Commissioner's order to address WTC residue contamination on a vacant building near the World Trade Center site.
5 shared non-person entities · 1 shared topics · Same agency, volume and box · similarity 0.989
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000150135
Department of Environmental Protection letter requesting copies of environmental hazard assessments for a specific site.
4 shared non-person entities · 1 shared topics · Same agency, volume and box · similarity 0.951
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000152097
Memo discussing a Commissioner's Order to clean WTC residue from a vacant building near the World Trade Center site.
5 shared non-person entities · 1 shared topics · similarity 0.993
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000153573
DEP memo dated October 2002 discusses issuing orders to buildings with asbestos residue and drafts compliance requirements.
2 shared non-person entities · similarity 0.960
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000164469
Correspondence regarding the use of Commissioner's Orders to gain access to buildings for asbestos testing and cleaning in Lower Manhattan.
2 shared non-person entities · similarity 0.955
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000163526
Correspondence reviewing a draft order requiring buildings with asbestos samples to submit cleaning plans.
2 shared non-person entities · similarity 0.955
machine-extracted · confidence unavailable · Check page ↗2 shared non-person entities · similarity 0.952
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000163594
Staff forwards a draft Commissioner's Order template for ordering Lower Manhattan building owners to clean exterior surfaces.
2 shared non-person entities · similarity 0.952
machine-extracted · confidence unavailable · Check page ↗4 shared non-person entities · 1 shared topics · similarity 0.947
machine-extracted · confidence unavailable · Check page ↗4 shared non-person entities · 1 shared topics · similarity 0.946
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000101803
Divider sheet from the NYC Law Department organizing collected documents for worksite #65400.
3 shared non-person entities · similarity 0.945
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000122806
NYC DEP requests copies of environmental hazard assessments and cleanup summaries for 179 Broadway following the WTC collapse.
4 shared non-person entities · 1 shared topics · similarity 0.944
machine-extracted · confidence unavailable · Check page ↗Similar subjects in other documents. Similarity does not establish the same event, measurement or conclusion.
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NYC-WTC_000151341
Administrative notice requiring preservation of original World Trade Center documents as evidence for potential future legal proceedings.
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NYC-WTC_000151342
Letter reporting DEP air monitoring results for particulate and fiber at a specific agency office showing levels below detection.
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NYC-WTC_000151345
A memorandum outlining required procedures for building owners to follow when cleaning up debris and dust affected by the WTC attack.
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NYC-WTC_000151348
A memorandum outlining required procedures for building owners to follow when cleaning up debris and dust affected by the WTC attack.
Filed in the same folder
NYC-WTC_000151350
A DEP letter describing joint agency efforts to sample air, dust, and water in Lower Manhattan following the September 11 attacks.
Filed in the same folder