Legal and DEP officials discuss concerns about certifying premises as contaminated for FEMA reimbursement purposes.
NYC-WTC_000152939–000152942
OCR status: ok · source: pdftotext
NYC 9/11 Public Portal Document
would like to finalize before Thanksgiving. Thanks. Steve Criteria [To be placed in next Public Assistance Program Guidance document and sent to applicants by either FEMA or NYC OMB/OEM] If an eligible applicant identifies a facility that requires testing for contamination after the emergency work completion deadline of September 10. 2002. the following steps must be taken in order to be considered for FEMA reimbursement: 1. The applicant must submit its test results and any analyses to the NYC Deptartment of Environmental Protection 2. The DEP will (1) Review the results and analyses. (2) Consult with NYC's Dept, of Health if necessary. (3) Submit in writing to FEMA. under signature of Robert Alvatroni. Deputy Commissioner, its concurrence that contamination is present at a hazardous level, along with the test results. and provide a recommendation for remediation.
3. FEMA will review the applicant's request and DEP's recommendations. If FEMA finds the request and remediation recommendations reasonable and necessary. FEMA will grant an emergency work time extension and prepare a PW for the cost of testing and remediation.
-----Original Message----- From: Levine. Michele [mailto:[email protected]] Sent: Tuesday. December 17. 2002 8:55 AM To: Hagerty. Steve Cc: Larson. Bud; Gray. Beth; Diaz. Mariel; Levy. David Subject: FW: Follow Up
Steve: It seems that there's some confusion with DEP about your proposed policy. Have you reached out to Bob Avaltroni since his e-mail (the one we interpreted differently: I thinking he was unaware of the policy proposal and you thinking he was unaware of the agency claims)? It seems like FEMA project staff are operating on the assumption that this policy is already in place (see Walter's BOE e-mail you forwarded to me). however. I we need to clarify the situation with DEP. and I still need to hear back from the Law department as well. » Michele
-----Original Message----- From: Levy. David Sent: Monday. December 16. 2002 4:14 PM To: Levine. Michele Subject: Follow Up
Michelle, I am following up on the emails from last week concerning Bob Avaltroni and DEP's role in helping city agencies receive compensated 3
NYC-WTC_000152941
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Law Department expresses concern that DEP certification of facility contamination could be used as evidence against the City in litigation over occupancy decisions.
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