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DEP certification and liability concerns regarding contamination, December 2002

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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.

NYC-WTC_000161577–000161582

Folder label: “E-mails R. Avaltroni 2002

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NYC 9/11 Public Portal Document

i Robert

From; Schiano, Frank Sent: Friday, December 20, 2002 3:05 PM To: Hoffer, Mark Cc: Avaltroni, Robert; Gilsenan, Michael; Radhakrishnan, Krish; Pecunies, Russ Subje RE: Criteria for Cleaning Requests

I s.p" to Larry and he indicated that he thought 0MB would negotiate with FEMA, so there is p.. sently nothing for us to do except ensure that DEP acts in accordance with the appr:;ch outlined in his E-mail and refrain from getting involved with certifying that a part:..lar premises is contaminated and in need of remediation.

--- .iginal Message---- From. .'Offer, Mark Sent: Iriday, December 20, 2002 12:46 PM To: -Ixiano, Frank Subj FW: Criteria for Cleaning Requests

Can . .. call Larry and see what (if anything) he wants us to do? Thanks.

■--iginal Message Froir .ahn, Lawrence [mailto:[email protected] ] Sent • hursday, December 19, 2002 5:55 PM To: -vine, Michele' Cc: ?- r kh@dep. nyc. gov' Subjfc■ : RE: Criteria for Cleaning Requests

The __ Department is concerned that DEP certification that a facility is cont ..' . nated at a hazardous level will be used as evidence against the City in a; ons alleging that the City acted improperly in permitting continued occu.. .. .cy or reoccupancy of the facility. Accordingly, we would strongly urge ..at # 2 of the proposed protocol be omitted. The EPA should satix 1 itself through means independent of the City that the facility is cont ...nated at a hazardous level and in need of remediation. Alternatively, and .. y if that course is rejected, we would suggest that the certification be IT.;. . by an independent contractor retained by the City. And, as a last resor if necessary, we could certify that based on test results submitted to 11 the facility is in need or remediation.

. iginal Message---- Froir. ■ Lavine, Michele [mailto:[email protected] ] Sent .’hursday, December 19, 2002 5:44 PM To: .n, Lawrence at LAWLAN Subj : RE: Criteria for Cleaning Requests

Tharx OU.

-iginal Message---- Froir. lahn, Lawrence at LAWLAN Sent Thursday, December 19, 2002 5:17 PM To: . ine, Michele Cc: 1 ..k Hoffer (E-mail) Subj- - : RE: Criteria for Cleaning Requests

The .-YA policy is unacceptable. We will get you alternative language short.

1

NYC-WTC_000161577

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NYC-WTC_000161577Source: NYC Law Department, mirrored locally

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