DEP Memo on WTC Indemnification

NYC 9/11 Public Portal Document

August , 2002 Edward F. Jacoby Jr. Governor’s Authorized Representative Director, state Emergency Management office 1220 Washington Avenue Albany, NY 12226 Dear Director Jacoby: The united states Environmental Protection Agency (EPA), in cooperation with the City of New York (the “City”) and its Department of Environmental Protection (DEP), acting in the public interest, will undertake a cleanup of apartments, common areas and heating, ventilation, and air conditioning (HVAC) systems in buildings and structures near the site of the former world Trade center. The cleaning work will consist of the removal of dust and debris from floors, walls, furnishings, and other items and surfaces within these structures, as well as air monitoring. TO facilitate this project, EPA will offer to each affected landowner and tenant a “Fact Sheet” describing the scope of work, and a “Request Form for World Trade center indoor Dust cleaning Program” that grants EPA, DEP, and DEP’s contractors access to each premises and permission to perform the cleaning work. The Request Form includes other provisions, including a reimbursement clause. A copy of the Request Formr---(s and Fact Sheets are attached. By this letter, the City agrees to indemnify and hold harmless the State of New York for any claims arising from the removal of dust or debris from apartments, common areas, hvac systems, or other interior spaces of buildings or structures performed pursuant to the above-referenced Request Form as a result of the terrorist attacks at the World Trade Center that were the subject of a major disaster declaration by the President of the United States in fema-1391-dr, except for those claims attributable to the negligence or willful misconduct of the State of New York, its employees or agents. This agreement is necessary to authorize assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

sincerely,

Christopher 0. Ward

DRAFT NYC-WTC_000154388