THE ECA REPORTERA Publication of the environmental Contractors Association of New York City

President’s Message

As the ECA continues to expand and move forward, I want to take this time to congratulate all of our member firms for their

continued involvement and commitment to ECA’s mission of professionalism in the environmental industry. Staying committed to providing quality work and continually raising the bar on the requirements to do this work has earned the ECA the reputation of being among the leading trade organizations in the entire Tri-State area.

I pay special tribute to the Board of Directors who have given their time and expertise and, of course, their guidance and ideas for initiatives that lead us in the proper direction; and, thereby, set the high standards of achievement.

What seems like a short while ago, 20 concerned abatement contractors met in order to find a way to bring order and respectability to a very disorganized and out-of-control industry. They crafted the terms and conditions that brought about an organization whose first order of business was to create a Labor-Management

agreement that eliminated unfavorable labor conditions and created a level playing field for the industry. Since then the ECA has continued to find ways to solve many other problems that have plagued the industry.

By reaching out to regulatory agencies such as New York City Department of Environmental Protection, New York State Department of Labor as well as OSHA and EPA, we have developed partnerships that allow us to have a voice with the agencies that bring about necessary changes in our industry. Our safety Initiative Program, as well as our OSHA Partnership Agreement has earned the ECA two outstanding awards.

While we may be proud of what we have accomplished thus far we’re looking forward to a more successful future.

We have recently moved and established a new home. We moved from the BTEA offices which we occupied almost from our inception and established a new ECA office. On behalf of the ECA Board of Directors, I would like to take this opportunity to thank Lou Coletti, Joyce Nastasi and the BTEA staff for all of their efforts to expand our organization and establish its respected reputation.

Joyce Nastasi is with us full time now and serves as our Executive Director. Joyce’s years of involvement in the construction industry puts the ECA in a position to successfully engage in good working relationships in both the public and private sectors. We are, indeed, fortunate to have someone with her credentials at the helm.

We have taken into consideration that not all of our members can afford to take time out of a busy day to attend our general membership meetings and, thereby miss the opportunity to learn about the changes in our industry and express their opinions and concerns. After much discussion, the Board decided to create a regional plan of 9 geographically situated regions. Each region has a coordinator who will set up meetings to update their members and extract problems and concerns to be sent to the ECA Office for resolution. I want to take this opportunity to thank the Coordinators, who volunteered to take on this extra work in order to achieve the success of having a well-informed and fully participating membership.

Shortly we will be announcing a very ambitious program that will change our industry and give our members an opportunity to expand their businesses. We are building on a very strong foundation and our future is bright. I thank all of you and ask that you continue to be involved. ECA

ENVIRONMENTAL CONTRACTORS ASSOCIATION

ThE ECA hAs movEd inTo nEw offiCEs loCATEd AT: 5 Penn Plaza | 19th Floor | New York, NY 10001 | Phone: 212.682.0062 | Fax: 212.849.6948

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New Board of DirectorsWe are proud to announce our new Board of Directors for the 2010/2011 year:

frank Garito – PresidentAsbestos Corp of America791 Nepperhan Avenue | Yonkers, NY 10703

Tel: 914.965.5829 | Fax: 914.965.7597

sal dilorenzo – 1st Vice-PresidentP.A.L. Environmental Safety11-02 Queens Plaza South | Long Island City, NY 11101

Tel: 718.349.0900 | Fax: 718.349.2800

william mcKenzie – 2nd Vice-PresidentAbatement Unlimited4332 Bullard Avenue | Bronx, NY 10466

Tel: 212.661.0325 | Fax: 212.661.8174

morris napolitano – 3rd Vice-PresidentDegmor Inc.511 Canal Street – Suite 3rd Floor | New York, NY 10013

Tel: 212.431.0696 | Fax: 212.431.5764

ECA Creates Regions and CoordinatorsECA Regions were created to make it easier for the inclusion of all members into discussions affecting the ECA and

its members. Each region has a Coordinator who is responsible for holding meetings and soliciting attendance at

general membership meetings and ECA events, as well as communicating any issues with the ECA Office.

We ask that every member work closely with their coordinator so that the ECA Board and staff can better serve its

members and raise safety awareness, as well as maintain a close relationship with our Labor partners.

Region 2 (Brooklyn)• C.K. & B. Environmental, Inc.• Wing Inc. Specialty Trades

Coordinator:Eric RosenTopline Contracting Inc.246 Siegel Street | Brooklyn, NY 11206Tel: 718.628.7865 | Fax: 718.628.8163Email: erosen@topline95.com

Paul o’Brien – 4th Vice-PresidentPinnacle Environmental Corp.200 Broad Street | Carlstadt, NJ 07072

Tel: 201.939.6565 | Fax: 201.340.2442

Cathleen Colella – TreasurerHazardous Elimination Corp.195 H Central Avenue | Farmingdale, NY 11735

Tel: 631.752.2898 | Fax: 631.752.2910

lorena Alexander – Board MemberEmpire Control Abatement Inc.14-32 123rd Street | College Point, NY 11356

Tel: 718.961.9404 | Fax: 718.961.9408

michael Caputo – Board MemberBranch Construction Co., Inc.261 W. 35th St, Suite 403 | New York, NY 10001

Tel: 212.244.8441 | Fax: 212.244.3131

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Region 1 (Brooklyn)• A Quest Corporation • Air Tech Lab, Inc.• ASARAH International Corp.• Benjamin Kurzban & Son, Inc.• Delta Environmental, Inc.

• E.T.S. Contracting• New York Environmental Systems Inc.• J & J Asbestos Abatement Corp.• Topline Contracting Inc.• Regional Management & Consulting Inc.• Topline Contracting Inc.

Paul o’Brien – 4th Vice-PresidentPinnacle Environmental Corp.200 Broad Street | Carlstadt, NJ 07072

Tel: 201.939.6565 | Fax: 201.340.2442

Cathleen Colella – TreasurerHazardous Elimination Corp.195 H Central Avenue | Farmingdale, NY 11735

Tel: 631.752.2898 | Fax: 631.752.2910

lorena Alexander – Board MemberEmpire Control Abatement Inc.14-32 123rd Street | College Point, NY 11356

Tel: 718.961.9404 | Fax: 718.961.9408

michael Caputo – Board MemberBranch Construction Co., Inc.261 W. 35th St, Suite 403 | New York, NY 10001

Tel: 212.244.8441 | Fax: 212.244.3131

Coordinator:Gina PantonyFiber Control Inc.3010 Burns Avenue | Wantagh, NY 11793T: 516.781.3000 | F: 516.781.5026Email: gpantony@actionhazmat.com

Coordinator:Andres PalenzuelaABAX Incorporated51-09 Second StreetLong Island City, NY 11101T: 718.784.2229 x 26 | F: 718.784.2296Email: apalenzuela@abax-inc.com

Region 5 (Queens)• ABC Construction Contracting, Inc.• Kiss Construction, Inc.• National Environmental Safety Co., Inc.

Coordinator:Jon VafiadisABC Construction Contracting Inc.2352 48th Street | Astoria, NY 11103T: 718.729.2501 | F: 718.729.2509Email: jon@abccontracting.net

Region 4 (lower westchester/Bronx/manhattan)• Abatement Unlimited, Inc.• ABAX Incorporated• Asbestos Corp. of America• Degmor Inc.• P.A.R. Environmental Corporation• Safeway Environmental Corp.

Region 6 (Queens)• Empire Control Abatement Inc.• International Asbestos Removal, Inc.• New Style Contractors, Inc.• P.A.L. Environmental Safety Corp.• Trio Asbestos Removal Corp.

Coordinator:Karen GrandoInternational Asbestos Removal, Inc.68-08 Woodside Avenue | Woodside, NY 11377T: 718.335.0304 | F: 718.639.3938Email: kgrando@aol.com

Region 7 (staten island)• ASAR International Corp.• AZZ Environmental Inc.• JVN Restoration Inc.• Seasons Industrial Contracting Corp.

Coordinator:John TardyJVN Restoration47 Foster Road | Staten Island, NY 10309T: 718.605.6256 | F: 718.605.4320Email: john.tardy@jvnr.com

Region 8 (new Jersey)• Abatech Industries, Inc.• D.S.A. Services, Inc.• Environmental Contractors, Inc.

Coordinator:Gary PalodinoAbatech Industries, Inc.1623 East Second Street | Scotch Plains, NJ 07076T: 908.413.5496 | F: 908.322.4288Email: abatech718@yahoo.com

Region 3 (long island)• AGA Environmental, Inc.• ATCO Contracting Group Inc.• Branch Construction Co., Inc.• E & A Environmental• Fiber Control Inc.• Gramercy Group, Inc.• Hazardous Elimination Corp.• JBH Environmental, Inc.• Microtech Contracting Corp.

Region 9 (new Jersey)• Affiliated Environmental Services of NJ• B & G Restoration• B+N+K Restoration• D & S Restorations Inc.• East Coast Haz Mat Removal Inc.• LVI Environmental Services Inc.• Pinnacle Environmental Corp.• Vestar, Inc.

Coordinator:John MaguireVestar, Inc.4 Hemlock Lane | Flanders, NJ 07836T: 973.527.4274 | F: 973.527.4275Email: mag@vestarinc.com

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Announcing New Associate Membership ProgramThe ECA is pleased to announce our new Associate Membership Program. This program encourages our partners

to join the ECA as Associate Members, providing them opportunities to engage with our members on key industry

issues. Expanding our membership will also allow us to continue the research and promotion of our ongoing projects.

Please reach out to your vendors and service providers to encourage their membership in this program. Contact

Jada Haitoff in the ECA office to obtain Associate Membership Applications at 212.682.0062 or jadaeca@gmail.com.

Addendum to the Memorandum Regarding Safety InitiativeThe following changes to our Safety Initiative were approved and are in effect. Please review and maintain in your

Safety Initiative file.

It is hereby agreed by and between the Environmental Contractors Association, Inc. and the Mason Tenders

District Council of Greater New York on behalf of itself and its constituent Local 78, that the Memorandum

Regarding Safety Initiative that serves as an attachment to, and part of their collective bargaining agreement shall

be amended as follows:

iii. sanction Process

3. (a) Sanction – In the event the Joint Board or Arbitrator finds that an Employer knew of and tolerated, or should

reasonably have known of one or more safety violation (collectively a “Knowing Violation”), or in the event an Employer

is found to have employed a suspended Supervisor or suspended Handler/Foreman during the period of his/her

suspension, the Joint Board or Arbitrator may impose on such Employer an appropriate fine, and/or modify the referral

ratio applicable to such Employer under the collective bargaining agreement, for an appropriate period of time.

All fines shall be payable as contributions to the ECA Industry Advancement Fund and shall be used exclusively to

promote safe practices in the environmental abatement industry.

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Join a committee!The ECA is pleased to announce the formation of new committees aimed at engaging our members:

• Membership Committee – responsible for soliciting regular and associate memberships in the ECA.

• Insurance Committee – responsible for working with insurance brokers/companies to discuss discounted

programs that benefit the ECA members.

• Legislative Committee – responsible for working with Federal, State and City governments and agencies to

discuss promoting legislation that will standardize and strengthen the present laws.

• Public Relations – responsible for the creation of a public relations plan to create a cleaner, brighter image of the

ECA contractors.

• Labor Committee – will meet as needed to discuss labor/management issues with the unions to whom the ECA

is signatory.

• Events Committee – responsible for creating and implementing plans for the ECA fundraising events and an

annual conference.

If you are interested in participating on any of the committees, please contact the ECA Office at 212.682.0062 or

email Jada Haitoff at jadaeca@gmail.com.

(b) Enforcement

The joint Board, by a majority vote, shall have the right to authorize Local 78 to withdraw and/or withhold labor from

the jobs of any employer that has failed to timely pay a fine imposed by the Joint Board or the Arbitrator.

The decision of the Joint Board or the Arbitrator shall be final and binding upon the Employer and, without limitation

on the enforcement process set forth in the preceding paragraph, may be enforced by the Union and/or the ECA in

any court of competent jurisdiction.

Neither the Union nor the ECA shall commence any judicial enforcement action without the consent of the other

and/or a majority vote of the Joint Board.

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Robert C. Avaltroni Appointed to Advisory Board of Mesa Energy Holdings, Inc.Robert C. Avaltroni, a long time ally of the ECA, was named to the Advisory Board of Mesa

Energy Holdings on April 5, 2010. Mesa Energy Holdings, based in Dallas, Texas, is a publicly

traded exploration and production company focused on growing reserves and net asset value

through the development of highly diversified developmental drilling opportunities and the

acquisition and enhancement of high quality producing properties. As a member of the Board, Avaltroni will be

advising Mesa on their gas exploration and development efforts in upstate New York.

“Gas exploration in an environmentally sensitive way can create job opportunities, reduce our dependence on

foreign oil and reduce vehicle emission levels,” said Avaltroni. “I want to achieve these benefits while protecting

valuable resources like the New York State watershed.”

Mr. Avaltroni was New York City Deputy Commissioner of the Department of Environmental Protection for 13 years.

He was instrumental in bringing ECA members to the DEP and started the dialogue with our members on issues

related to asbestos abatement in New York City. The ECA has met frequently with the DEP and many of ECA’s

concerns were addressed and the relations evolved into a true partnership between government and industry.

Please Take NoteIf you have not yet done so, please sign up for the Buildings Department Industry Newsletters. It is a useful source of

building and construction news. Registration can be done at http://www.nyc.gov/html/dob/html/home/home.shtml

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ECA Union Hour SavingsWe are proud of our ongoing efforts to reduce labor costs through collaborations with the Mason Tenders and

Heat & Frost Insulators. In 2009, our savings were:

mason Tenders (January – december)

2,168,899 hours

Savings: $4,337,798.00

Employer’s portion of payroll taxes: $347,023.84

Heat & Frost Insulators (January – December)

272,636 hours

Savings: $545,272.00

Employer’s portion of payroll taxes: $43,621.76

ToTAl sAvinGs: $5,273,715.60

Update on Employee SSN InformationEmployers may not intentionally communicate an employee’s SSN to the general public or otherwise make it

available to the general public; print it on any card or tag to access services or benefits provided by the employer;

require an employee to transmit his or her social security number over the internet unless the connection is

secure or the SS account number is encrypted; require an employee to use his or her SSN unless password

or unique personal identification number or other authentication device is also required to access the internet

website; or print an employee’s SSN on any material to be mailed unless state or federal law requires that the

information be on the document.

SSNs may be included in applications and forms sent as part of an application or enrollment process or to establish,

amend or terminate an account, contract, policy or to confirm the accuracy of the SSN. Any mailing that contains

an employee’s SSN must be enclosed in an envelope with no portion of the number visible. Contractors will not be

liable for providing this information to close out a contract provided it was sent in a sealed envelope with no portion of

the number visible.

Caswell F. Holloway Appointed Commissioner of the Department of Environmental ProtectionThe strong working relationship between the ECA and the NYC DEP has continued to flourish

under the leadership of the new DEP Commissioner Caswell Holloway. Commissioner Holloway

was appointed by Mayor Michael R. Bloomberg in January and was quick to assure the ECA

Board that he stood firmly in support of the continued growth of this bond.

Holloway has worked with the Bloomberg administration since 2006 spearheading solutions to some of the City’s most

complex issues. For instance, he took a leading role in the writing and implementation of the Administration’s report

on the health impacts of September 11th and led negotiations on 9/11 health legislation that has been introduced in

both houses of Congress. Following the tragic fire at 130 Liberty Street, he led a comprehensive review of abatement

and demolition operations that resulted in a recently completed overhaul of the asbestos abatement process. He also

played a lead role in developing the City’s comprehensive cleanup plan for the Gowanus Canal, and in the passage and

implementation of the City’s new Solid Waste Management Plan.

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“Since he came to City Hall, Cas has worked a couple of desks away from me and I have watched him take on some

of the toughest assignments and deliver solutions, from 9/11 health to the Gowanus Cleanup to reforming demolition

procedures in the wake of the tragic 130 Liberty Street fire,” said Mayor Bloomberg. “I’ve seen him work closely with

senior managers at a range of City agencies on matters large and small, with a singular focus on results. Under Cas’s

leadership, we’re going to complete vital infrastructure projects like the Third Water Tunnel, improve security of our

city’s 2,000-square-mile watershed, and move forward with DEP’s ten-year, $13 billion capital program.

“New York City has the best drinking water in the nation, and the waterways that surround us have always been

a key to the City’s prosperity,” said Commissioner Holloway. “Mayor Bloomberg has led the way in making the

investments necessary to prepare our water and sewer infrastructure for the next century, and I am thrilled at the

opportunity to work with the talented and dedicated team at DEP to continue that effort, and to press forward

aggressively to open as much of our waterfront as possible to renewed investment and recreation.”

The Department of Environmental Protection’s more than 6,000-person staff is responsible for the City’s air and

water quality, for the safety and operation of a water supply system that serves more than 8.5 million people daily,

for collecting and processing wastewater, and for enforcing compliance in the handling and disposal of hazardous

materials. The department operates with a $1 billion annual budget.

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PLEASE DON’T FORGET If the contractor does not properly request the 7th person and every 5th thereafter from the hiring hall/out of work

list, the Union shall have the right to place a member from the out of work list on the job without the contractor

being able to reduce the crew size and this member shall be the second to last man laid off that project.

In such cases, the Shop Steward shall request an employee from the hiring hall in writing and, promptly notify

the job supervisor that the request was made and provide the submitted written request. The supervisor should

immediately notify the Company that such request by the Shop Steward was made. Contractors MAY NOT

reduce a crew size due to overstaffing if the contractor fails to properly request a referral and an additional person

is referred.

If a contractor properly requests the 7th person and every 5th thereafter from the hiring hall/out of work list, and

the employee does not appear for work with proper documentation, the contractor may use a company person.

Given this resolution, we cannot emphasize enough that it is IMPERATIVE that you submit requests for referrals

from the hiring hall in writing and that on your request, you ask that the Union fax back the names of the workers

that it intends to refer.

If you have any question, or comments, please do not hesitate to contact Joyce in the ECA Office 212.682.0062.

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DON’T MISS OUR UPCOMING EVENTSSeptember 2010 – ECA Cigar Bar & Member Reception

October 13, 2010 – ECA’s First Annual Environmental Remediation Conference

October 21, 2010 – Next ECA General Membership Meeting

ANNOUNCING OUR NEW WEBSITEThe ECA is proud to announce our new website found at www.ecanyc.org. Please visit our website for

important news and updates, including information on our Associate Membership program or previous copies

of our ECA newsletter.

New DEP Asbestos Rules & Regulations, Effective June 6, 2010§1-03 variances.

(a) Application for any variance from these rules or Part 56 of Title 12 of New York Codes, Rules and Regulations

(Subparts 56-4 through 56-17) shall be made directly to the Department at least two weeks prior to the

commencement of work. Work involving a variance may not commence prior to the receipt of the Department’s

approval of the application.

(b) The department’s “Asbestos Variance Application” (ACP-9) form shall be prepared by a project designer and

submitted by the building owner or authorized agent, and shall include the following information:

(1) Identification of those portions of the rules for which a variance is requested, providing each numbered

section and subsection;

(2) Explanations as to why the procedures required by the rules cannot be used;

(3) A written proposal setting forth the alternative procedures the applicant will employ to satisfy each

requirement as modified; and

(4) A copy of any asbestos project notification previously filed. If the applicant has not previously filed an

asbestos project notification, such notification shall be filed with the application together with the applicable

fee specified in §1-25 (c).

(c) For each variance application where the combined amount (total of both square and linear feet on the ACP-7)

of ACM is less than 5000 feet, payment of the variance processing fee shall accompany the application and shall

conform with the payment schedule as follows:

(1) Request to modify no more than one lettered subsection category listed in subsection (e) below: $400 fee.

(2) For each additional subsection in any category listed in subsection (e): $200 fee.

(3) The maximum fee: $1200.

(d) For each variance application where the combined amount (total of both square and linear feet on the ACP-7) of

ACM is greater than or equal to 5000 feet, payment of the variance processing fee shall accompany the application

and shall conform with the payment schedule as follows:

(1) Request to modify no more than one lettered subsection in any section category listed in subsection (e): $600.

(2) For each additional subsection in any category listed in subsection (e): $300.

(3) The maximum fee: $1800.

(e) Section categories shall be as follows:

(f) Any variance from the prohibition on concurrent abatement and full demolition or story removal set forth in

section 1-126 shall only be approved after notification and consultation with FDNY and DOB.

(g) Any violation of the terms of any variance issued under this section shall be considered a violation of the lettered

subdivision modified by the variance.

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CATEGoRY nYC Asbestos ControlProgram section #s

12 nYCRP Part 56section #s

Air Monitoring 31 - 45 56 - 4, 6

Materials and Equipment 61 56 - 7

Work Place Preparation 81 - 84 56 - 7

Work Place Procedures 91 - 94 56 - 7

Abatement Procedures 101 - 110 56 - 8

Clean-up Procedures 111-112 56 - 9

Pre-Demolition Abatement Activity Procedures

120-129 ____

§1-26 Asbestos Abatement Permit (a) Permit required. An abatement permit authorizing the performance of

construction work shall be required for asbestos projects involving one or more of the following activities:

(1) Obstruction of an exit door leading to an exit stair or the exterior of the building;

(2) Obstruction of an exterior fire escape or access to that fire escape;

(3) Obstruction of a fire-rated corridor leading to an exit door;

(4) Removal of handrails in an exit stair or ramp within the work area;

(5) Removal or dismantling of any fire alarm system component including any fire alarm-initiating device

(e.g., smoke detectors, manual pull station) within the work area;

(6) Removal or dismantling of any exit sign, including directional signs, or any component of the exit

lighting system, including photoluminescent exit path markings within the work area;

(7) Removal or dismantling of any part of a sprinkler system including piping or sprinkler heads within the

work area;

(8) Removal or dismantling of any part of a standpipe system including fire pumps or valves within the

work area;

(9) Any abatement activity to be performed within a building concurrently with the full demolition of such

building or concurrently with the removal of one or more stories of such building;

continued on page 11

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continued from page 10

(10) Removal of any non-load bearing / non-fire-resistance rated wall (greater than 45 square feet or 50 per

cent of a given wall) within the work area;

(11) Any plumbing work other than the repair or replacement of plumbing fixtures within the work area;

(12) Removal of any fire-resistance rated portions of a wall, ceiling, floor, door, corridor, partition, or

structural element enclosure including spray-on fire-resistance rated materials within the work area;

(13) Removal of any fire damper, smoke damper, firestopping material, fireblocking, or draft stopping within

fire-resistance rated assemblies or within concealed spaces,

(14) Any abatement activity that requires immediate construction work that would otherwise require a

permit from the Department of Buildings.

(b) work Place safety Plan.

(1) Plan required. For projects requiring an asbestos abatement permit due to one or more of the activities listed

in (a)(1-9) and (a)(14), the building owner or its authorized representative shall submit, together with the asbestos

project notification, a work place safety plan (WPSP) and any other applicable construction documents, which shall

be prepared by a registered design professional, and a permit fee as specified in subsection (g).

(2) Plan not required. For projects requiring an asbestos abatement permit due to one or more of the activities

listed in (a)(10-13), the building owner or its authorized representative shall submit, together with the asbestos

project notification, all applicable asbestos abatement permit construction documents, and a permit fee as

specified in subsection (g).

(i) If the WPSP is being submitted pursuant to subsection (a)(9), it shall also set forth the sequencing of

the proposed work. The WPSP shall not be approved unless it provides for a buffer of four floors or

an adequate buffer as determined by the commissioner between the abatement and the demolition or

floor removal work.

(3) Approval. The documents submitted pursuant to subsection (b) will be reviewed by DEP’s asbestos technical

review unit (A-TRU) and by any other relevant city agencies. Upon approval by A-TRU, DEP will issue an asbestos

abatement permit to the building owner or its authorized representative.

(c) Inspections required. (1) All inspections required pursuant to Title 28 of the Administrative Code, including but

not limited to special inspections required by Chapter 17 of the Building Code, shall be performed.

(2) A final inspection shall be performed by a registered design professional after all work authorized by the

asbestos abatement permit is completed. The person performing the inspection shall note all failures to comply

with the provisions of the Building Code or approved asbestos abatement permit and shall promptly notify the

owner in writing. All defects noted in such inspection shall be corrected.

The final inspection report shall either:

(i) confirm:

(A) that the construction work is complete, including the reinstallation or reactivation of any building fire

safety or life safety component; and

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(ii) confirm:

(A) that the construction work does not return the building (or portion thereof) affected by the abatement

project to a condition compliant with the building code and other applicable laws and rules, but

that the registered design professional has reviewed an application for asbestos abatement permit

construction documents approval that has been approved by the department of buildings, and

the subsequent scope of work as approved will, upon completion, render all areas affected by the

asbestos project in full compliance with the building code and all applicable laws and rules; and

(B) that any defects previously noted that are not addressed by the subsequent scope of work as

approved by the department of buildings, have been corrected; and

(C) that all required inspections that are not addressed by the subsequent scope of work as approved by

the department of buildings were performed; and

(d) that all completed work pursuant to an asbestos abatement permit is in substantial compliance with

the approved asbestos abatement permit construction documents.

(3) Final inspection reports shall be filed with DEP on A-TR1 form. Records of final inspections made by registered

design professionals shall be maintained by such persons for a period of six years after final inspection or for such

other period as the commissioner shall require and shall be made available to the department upon request.

(d) Duration of Permit. An asbestos abatement permit shall expire upon the earlier of one year from the date of

issuance or when terminated pursuant to either of the following:

(1) The holder of an asbestos abatement permit submits a final inspection report pursuant to (c)(2)(i).

(2) The holder of an asbestos abatement permit submits a final inspection report pursuant to (c)(2)(ii) and obtains

a Department of Buildings permit for work which, when completed, will render all areas affected by the project fully

compliant with the building code and all other applicable rules and laws.

(e) Failure to terminate asbestos abatement permit within year. (1) Failure to terminate an asbestos abatement

permit pursuant to subsection (d) within a year from the date of issuance of said permit shall be a violation subject to

continued on page 13

(B) that any defects previously noted have been corrected; and

(C) that all required inspections were performed; and

(d) that the work is in substantial compliance with the approved asbestos abatement permit construction

documents, the Building Code, and other applicable laws and rules; or

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continued from page 12

fine unless the applicant obtains a renewal pursuant to paragraph (2) of this subdivision. Each 60-day period during

which such violation continues to occur constitutes a separate offense that may be subject to a separate fine.

(2) The holder of an asbestos abatement permit may extend the term of such permit for additional six month periods

upon the submission, within 30 days before the expiration of said permit, of an amendment on a form prescribed by

DEP and the payment of a fee in the same amount as the fee paid for the original permit.

(3) If the holder of an asbestos abatement permit fails to terminate an asbestos abatement permit within a year

from the date of issuance, the holder shall maintain the work area in a safe manner including but not limited to any

mitigation measures set forth in the WPSP and shall not perform work unless the holder reinstates the permit upon

submission of an amendment on the forms prescribed by the Department and the payment of a new fee in the

same amount as the fee paid for the original permit. Such reinstatement shall be valid for a period of six months

from issuance. If the asbestos abatement permit is not terminated during a six-month reinstatement period, the

holder of a reinstated asbestos abatement permit must submit a subsequent amendment and fee to reinstate the

permit for another six-month period.

(f) Insurance. Entities other than NYSDOL-licensed asbestos contractors performing work pursuant to an

asbestos abatement permit which does not involve the disturbance of asbestos-containing materials shall maintain

insurance of the same type and amount as would be required if the entity were working pursuant to a permit

issued by the Department of Buildings.

(g) Permit fee. The WPSP, asbestos abatement permit construction documents, as applicable, shall be

accompanied by a filing fee, as follows:

Project size fee

25 to 99 linear feet or 10 to 49 square fee of ACM $100

100 to 259 linear feet or 50 to 159 square feet for ACM $300

Large projects up to 1000 square/linear feet of ACM $500

1000 to 4999 square/linear feet of ACM $700

5000 to 9999 square/linear feet of ACM $1100

10,000 or more square/linear feet of ACM $1300

(h) Work covered by the asbestos abatement permit shall not commence until said permit is issued.

§1-126 ACm Procedures; order of work. No ACM removal shall be performed in a building concurrently with

the full demolition of such building or with the removal of one or more stories of such building, except as otherwise

provided in these rules pursuant to Sections 1-03 and 1-26. This subsection shall not apply to emergency work

being performed pursuant to article 215 of chapter 2 of title 28 of the administrative code.

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Gennaro Green Tech Law Cuts Red Tape for a Green RevolutionFirst mentioned in the Speaker’s State of the City speech last month, the “Green Tech Law” sponsored by

Councilman James F. Gennaro (D-Fresh Meadows) was passed on March 3rd by the City Council. The new law

streamlines the process by which businesses get approval to design, sell, install and utilize new green technologies

and products in the City.

According to Councilman Gennaro, who chairs the Environmental Protection Committee, “New York City already

leads the country in the development of environmentally sustainable policies and now, through the ‘Green Tech Law’

voted on today, the Council will pave the way for the development and deployment of emerging green technologies

on a grand scale and to New York City the national leader in fostering green technology. This bill removes the

major bureaucratic and regulatory obstacles encountered by innovators and makes NYC government a committed

facilitator of green technology, not an impediment to it.”

Technology that produces substantial environmental benefits is constantly evolving. In fact, green technology and

products are changing so fast that it is difficult for the City rules and regulations to keep up. For example, the use of

new green technology and products may require approval or oversight by multiple governmental agencies – from the

Department of Buildings to the Fire Department. To reduce hurdles to implementing and utilizing green technology, the

Council passed the Green Tech Bill to streamline the approval process of green technology and projects through the

establishment of an Innovation Review Board and an Inter-Agency Green Team.

The Innovation Review Board will consist of representatives from multiple City agencies and will make

recommendations as to what conditions and for what purposes new green technologies and products may be

safely utilized in the City. However, the board’s primary focus will be on specific projects throughout the City.

The Inter-Agency Green Team will also consist of representatives from multiple City agencies and assist innovative

projects in overcoming regulatory hurdles. The team will primarily be involved in the planning and implementing

stages of innovative green technologies in the City.

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