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DEP certification and liability concerns regarding contamination, December 2002

Machine-extracted title · confidence 80%

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

Plea provide me with your feedback so I can finalize and distribute. I woul. ike to finalize before Thanksgiving.

Thani. Stev

Crite ; a [To be placed in next Public Assistance Program Guidance docu;. c.t and sant to applicants by either FEMA or NYC OMB/OEM]

If a ligible applicant identifies a facility that requires testing for cont-- nation after the emergency work completion deadline of September 10, 2002 he following steps must be taken in order to be considered for FEMP. reim sement:

1. he applicant must submit its test results and any analyses to the NYC tartment of Environmental Protection

2. ne DEP will (1) Review the results and analyses, (2) Consult with NYC'.. hept, of Health if necessary, (3) Submit in writing to FEMA, under sign , ..re of Robert Alvatroni, Deputy Commissioner, its concurrence that contc.; i.nation is present at a hazardous level, along with the test resu? , and .vide a recommendation for remediation.

3. EMA will review the applicant's request and DEP's recc. .ndations. If Fl finds the request and remediation recommendations reasonable and nece. ry, FEMA. will grant an emergency work time extension and prepare a PW for cost of testing and remediation.

--- .. iginal Message---- From, .evine, Michele [mailto:[email protected] ] Sent. ..uesday, December 17, 2002 8:55 AM To: . ;erty, Steve Cc: . ; son. Bud; Gray, Beth; Diaz, Mariel; Levy, David Subj .: FW: Follow Up

Stev

It Sc .s that there's some confusion with DEP about your proposed poll - Have u reached out to Bob Avaltroni since his e-mail (the one we inte . eted differently; I thinking he was unaware of the policy prop 1 and thinking he was unaware of the agency claims)?

It si..:.s like FEMA project staff are operating on the assumption that this poll • is already in place (see Walter's BOE e-mail you forwarded to rae), howe -, I we need to clarify the situation with DEP, and I still need to hear ck from the Law department as well.

Michele 5

NYC-WTC_000161581

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NYC-WTC_000161581Source: NYC Law Department, mirrored locally

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