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Legal memo on Commissioner's Order for contaminated building, July 2002

Machine-extracted title · confidence 87%

Counsel memo discussing the issuance of a Commissioner's Order to an unresponsive owner of a building extensively contaminated with WTC residue.

NYC-WTC_000151469–000151470

Folder label: “WTC DC TO RC LETTERS CALLEHAN WHITMAN ETC. WARD DOCTOROFF KENNY

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NYC 9/11 Public Portal Document

THE Cm OF New York Department of Environmental Protection JOEL A. MIELE SR., P.E. Commissioner

TO:

ORDER WHEREAS: 1. On or about , 2002, the New York City Department of Environmental Protection (DEP) conducted an inspection of , Manhattan (Block , Lot ), and found the exterior of the building to be contaminated with residue from the collapse of the World Trade Center towers on September 11, 2001.

2. The analysis of samples taken during the inspection show that the residue is asbestos-containing material I (ACM), a hazardous substance. I 3. The continued presence of this residue on the exterior of the building constitutes a substantial threat of a I release of a hazardous substance into the environment. This constitutes a violation of Title 24, Chapter 6 of the New York City Administrative Code and may present an immediate and substantial danger to the public health and welfare or to the environment.

4. Under Title 24, Chapter 6 of the New York City Administrative Code, you are a “responsible person” to whom an order to implement response measures or to cooperate with and assist DEP in implementing response measures may be addressed.

THEREFORE: Pursuant to my authority under §§ 1403 and 1403(h) of the New York City Charter and §§ 24-608 and 24-610 of the New York City Administrative Code, I hereby order that you perform the work or render the cooperation or assistance specified in the attached Scope of Work.

Date Joel A. Miele Sr., P.E. Commissioner, New York City Department of Environmental Protection

State and City of New York, County of Queens, ss:

On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on this instrument the individual, or the person on behalf of which the individual acted, executed the instrument.

Notary Public or Commissioner of Deeds

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NYC-WTC_000151470Source: NYC Law Department, mirrored locally

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