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Memo on Commissioner's Orders for Building Cleaning, Oct 2002

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DEP memo discussing legal basis and strategy for issuing Commissioner's Orders to force building owners to cooperate with asbestos testing.

NYC-WTC_000163570–000163571

Folder label: “E-mails M. Gilsenan

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NYC 9/11 Public Portal Document

DECLARATION OF EMERGENCE WHEREAS, on September 11,2001, an unforeseen terrorist attackresulted in the tragic destruction of the World Trade Center; WHEREAS, the City ofNew York remains committed to ensuring that the air quality ofthe affected area is as pure as possible and minimally compromised by said tragedy, and

WHEREAS, due to the tragedy, there is a need to provide emergency round-the-clock asbestos remediation, including clean-up and removal, at various sites in the affected area in downtown Manhattan; and WHEREAS, in order to enable the opening of streets and buildings below 14th Street, such remediation is required; and

WHEREAS, the results of the attack may be far reaching and are as of yet unknown, and it is imperative that this remediation take place immediately, and WHEREAS, in order to perform such asbestos remediation with the frequency required for several weeks following the tragedy it is necessary to retain the services of a contractor; and

WHEREAS, on September 21,20011 orally declared that an emergency existed that required the implementation of emergency procurement procedures to perform such remediation; and; WHEREAS, due to administrative delays resulting from the tragedy, the Emergency Declaration was not in written form until the date appearing hereon; and WHEREAS, the immediate action required cannot be met through normal procurement methods; and

WHEREAS, the aforementioned circumstances affect the health and safety ofthe inhabitants ofthe City of New York; and NOW, THEREFORE, for the aforementioned reasons, pursuant to the authority conferred by Section 315 of the New York City Charter and Section 3-06 of the Procurement Policy Board Rules, I hereby determine that an emergency exists, and

I FURTHER DETERMINE that emergency contracts) must be let in the most expeditious manner possible to ensure that necessary asbestos remediation in the affected area can occur, to monitor and ensure the air quality of the City of New York.

Dated: October 17,2001

JOEL A. MIELE SR., P.E. Commissioner

NYC-WTC_000163571

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NYC-WTC_000163571Source: NYC Law Department, mirrored locally

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