NYC 9/11 Public Portal Document
Gilsenan, Michael
From: Schiano, Frank
Sent: Friday, December 20, 2002 3:05 PM
To: Hoffer, Mark
Cc: Avaltroni, Robert; Gilsenan, Michael; Radhakrishnan, Krish; Pecunies, Russ
Subject: RE: Criteria for Cleaning Requests
I spoke to Larry and he indicated that he thought 0MB would negotiate with FEMA, so there
is presently nothing for us to do except ensure that DEP acts in accordance with the
approach outlined in his E-mail and refrain from getting involved with certifying that a
particular premises is contaminated and in need of remediation.
---- Original Message----
From: Hoffer, Mark
Sent: Friday, December 20, 2002 12:46 PM
To: Schiano, Frank
Subject: FW: Criteria for Cleaning Requests
Can you call Larry and see what (if anything) he wants us to do? Thanks.
---- Original Message----
From: Kahn, Lawrence [mailto:[email protected]]
Sent: Thursday, December 19, 2002 5:55 PM
To: 'Levine, Michele'
Cc: '[email protected]'
Subject: RE: Criteria for Cleaning Requests
The Law Department is concerned that DEP certification that a facility is
contaminated at a hazardous level will be used as evidence against the City
in actions alleging that the City acted improperly in permitting continued
occupancy or reoccupancy of the facility. Accordingly, we would strongly
urge that # 2 of the proposed protocol be omitted. The EPA should
satisfy itself through means independent of the City that the facility is
contaminated at a hazardous level and in need of remediation. Alternatively,
and only if that course is rejected, we would suggest that the certification
be made by an independent contractor retained by the City. And, as a last
resort if necessary, we could certify that based on test results submitted
to DEP, the facility is in need or remediation.
---- Original Message----
From: Levine, Michele [mailto:[email protected]]
Sent: Thursday, December 19, 2002 5:44 PM
To: Kahn, Lawrence at LAWLAN
Subject: RE: Criteria for Cleaning Requests
Thank you.
---- Original Message----
From: Kahn, Lawrence at LAWLAN
Sent: Thursday, December 19, 2002 5:17 PM
To: Levine, Michele
Cc: Mark Hoffer (E-mail)
Subject: RE: Criteria for Cleaning Requests
The FEMA policy is unacceptable. We will get you alternative language
shortly.
---- Original Message----
From: Levine, Michele [mailto:[email protected]]
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NYC-WTC_000162665
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