cub it parts of soil before the building permit can be issued the applicant is required to investigate if the soils at the site are contaminated and if so how to handle the soil and what level of clean up. this is handled under the department of supervision. and it only happens at this zone. and in the orange there are other areas of the city that have a high lick will i hallowed and we have public health and safety in x portion to the

soldiers. and it's in the area of the marine and all those represent storage tanks that could be leaking if the soil is contaminated and also elevated freeways up to the golden gate bridge. elevated freeways are the tamed soil. there's no codify process how to determine the process of disturbing soils. so the department of health and the planning department we have a process through the environmental review and sequa

documents mitigation projects are attached as the conditions are required to go through the same process through the sequa process. and that resigns on the sequa process is cumbersome and it also means we currently have two different procedures for dealing with the same issue. one area required by code is blue zones and the orange areas where it's you know the process happens through our sequa review. the planning department and department of health are proposing to update it and we want to be update.

there is one codified process that deals with everything that. we want to expand the boundarys so it would be in the blue and orange and other zones. the ordinance will update the department of health procedures to recognize what's happening that there are health levels that are determined by the state. and it also recognized that was health department test the ground water in some situations. it is more likely that the health and safety is protected and provided better service to the public. and the department of health involvement will be tied i

directly to issuance and we'll become more certain and provided better services to the public it could be identified at the outset and it would be more transz parent and the public would have access to this information >> the update would eliminate the need to have measures to deal with the procedures in this city. with that summary we're asking the board of supervisors adopt this owners and the owners was refused and it was recommended by the committee and we also have staff here from the health department if you have questions more specific to them.

>> thank you commissioner walker. >> you said it eliminating the need for mitigation can you explain. >> those areas in orange where there's not a codified process we're concerned with the potential exposure of the public but that only happens when a project is in review when it we have a mitigation process and if that were codified it wouldn't be needed because it's required by law. >> any other questions commissioners? i keep calling you commissioner picking up. 50 county yards is not a lot of

space, you know. when you say d b i? >> it's a building permit complication. >> can we talk that through. for me that's late in the game of this overall policy. so why there why not planning when the planning application is filed? why not when the environmental application was filed in. we would still through our sequa review identify that there are in a zone let the applicant know there's a code requirement and they at this point would still have to go to the department of health to deal with this issue.

but the original set up was that a permit wouldn't be issued until the department of health had reviewed the permit and reviewed it. and to provide certainty this would have to go through the process to provide that certainty >> and that's kind of my point because i have heard cases ♪ particular zone where there was situations and it can take a long time to remedy. it could take a month or year and in the meantime, your building permit code and that permit is only good for - in

other words the time could take a long time and the permit expires. >> the planning department and no one is going to tell me when i file the building permit when i file for mitigation; is that correct? it this ordinance were adopted this map would become available to the public. and we intend to set up if you put a cursor over our parcel it will show you the prospective

applicant people would be notified through the permit tracking system whether they would be subject to this requirement >> yeah, but did you understand my question with regards if you pull up a 12 month building permit and i know in one case it took two years how are we helping people? that you i guess i feel like my point is d b i is too late. why do we have to have is a building permit could that not be triggered off a building process. at the end say to a bui tou to

make sure you do it >> anytime a project is not exempt from environmental review the categorical exemption but anything larger than that comes into our office even the small projects our staff would review the project site grins the map and at that time, identify to them there's a requirement that they to go to the health department and investigate whether there need to be any soil mitigation. in fact, when we would apply

this issue would get flagged for the planner to work on. again the reason it's tied into the permit is to priority certainty before the permit is used this process has been gone through and the department of health is satisfied. in the area today there's no change in this process >> but it's substantially expanded now so a lot of places in the city will be expanded into this program and in all those. >> in all projects sites in those erroneously zones for a permanent applicant they're supposed to go through this program because of sequa.

the only difference is it's going to be required by code rather than the sequa process it's not newark for a applicant it would be tied into the permit process in a way that it's not tide in now >> i don't know but 50 cub it yards is going to trigger so pretty much every project will have to comply. >> everyone project that stirs the soil. >> and d by you are saying we can't issue you the permit and we need you to go and mitigate

it for the department of health. >> well, they don't necessarily need to mitigate but they need to go to the department of health whether there's soil contamination at their site. >> this could open kn havea re permit and all of a sudden at 50 cub it yards your project stops until this is mitigated. but the key say you note the location it's mostly around the sequa areas but this expanded now pretty much to citywide. so you could in the mission and you could be remodeling and i go beyond the cub it areas that

project has to stop >> i don't believe the project has to stop. while the applicant is working with the department of health and what to do about soil contamination - >> but i know it could take 5 months or a year. >> nothing about this ordinance would change the amount of time. >> because of the expansion of this i want to be clear i want to look around the corner and obviously everybody arrests with this ordinance but what does it mean to people who pull permits and find themselves in the new expanded area? that you it's our intention. >> it's our tennis that while

the department of health is working with the applicant there's no reason why the structure review could still be happening but before final permit is issued it has to be resolved. >> and i mean it seems to me i hear what you're saying commissioner about when the trigger is. because if it happens at a point for a smaller project is can create time - they could go

through sequa which is a longer - >> if the project is less than 5 thousand square feet or 10 thousand square feet. >> i want to say that once we've identified this issue that there's nothing to stop the applicant from working with want department of health. and an applicant can be rovlz this issue before they start getting a permit. >> i think this is the right thing to do that's not the issue. i hear you and i'm worried about having seen the intentions of

legislation vs. the legislation, you know, sometimes, it takes a while to catch up. and once we had a separate process to figure out which tab in the database and having that done. for example, it's difficult from the conceptual legislative stuff to get into the nitty-gritty. i feel like they'll have experts on sequa we'll know the smaller guys not to

>> it's correct but again any permit application in the future if this map become adopted and any pje thaame into the

planning department for environmental review and that's including projects if their disturbing 50 yards of soil they would come to the planning department and see their disturbing soil and they're in the zone whatever documentation we receive that document would - would indicate that this ordinance exists that this project is subject to those remittance and that the applicant would know through the rough process they have to go through the steps whether or not they've applied for a building permit. it's not specifically written in the ordinance but that

regulatory process through sequa essentially assures that an applicant in those areas that's disturbing soil that find out through the sequa process through this ordinance if they didn't know about it >> i'm not an expert in soil but the general certain is the amount of soil that's being disturbed is very small. 50 cub it yards is small. if you go 25 feet deep you would see that. 0 so even if someone is grading the area their disturbing the soil that's impractical. i wonder if we can modify this if the certain is if the soil

below this property is contaminated can we add if you're disturbing soil below a level would be more appropriate? >> and that leads into envy department of health question people have no idea how long it takes the department of health to deal with those situations. it's more on the lengthy process than a very fast process. and it talks to pretty much any project would fall into this category because 50 cub it yards is little. and this parallel existence that i talk about is not reality >> i do want to point out about

the 50 cub it yards i believe the truckload is about 20 cub itself yards so for about 4 truckloads whether it's foundation work or grating that's triggered. but if you're not talking about major foundation work, you know, four truckloads of dirt just below this threshold it's not big but when this was originally adopted it was intended at the time to screen out the more routine projects in the residential neighborhood and unless it was entirely a new construction project not a

typical alteration >> and if you're in the process and i do find you have to fall into the process is it appealable? >> my understanding it's not appealable that's correct. someone from the department of health wants to talk about the debt or - >> i want to understand how though works. >> i'm from the department of health. a question came up how 50 cub itself yards is determined and the public health back in the day in the 80s it was felt that

was the amount of dirt/soil that would be disturbed on a project. i can't necessarily relate the depth of the contamination that you within the first two feet or ten feet it depends on the contamination. the ordinance takes thirty days for review and if there is deficiency in the report then the deficiencies or shortcomings need to be addressed and then we will, you know, you know, we don't take thirty days typically what we've been doing is we've been meeting with developerswel.

we want to know what their concept is and we want to explain to them what the requirements are of them in the ordinance. we've been doing this since 1996 and then it wasn't clear then and you're correct for the leaguer projects there's a better understanding. and in this 26 or 27 years the department of health has become more efficient then we were back in the day. does this address all the questions? >> in the thirty days are you allowed to continue work and that means moving more dirt around the site? and 50 cub it

yards is like a blow up so it doesn't take long to get to 50. i'm at a job i determine i have to move more dirt than having yards can i continue my job? >> the developer through their consultant will estimate where the area of contamination is where it needs to be removed. so i don't know if - i'm sorry the disturbance of the 50 cub itself yards is on the ground not in the truck >> you asked about the permit i

don't know what the permit condition is. so there has been times when grating permits have been issued. there's determination there's contamination unless the permit is withdrawn work can continue in other areas of the lots that has happened. you're asking me do we shift the work down not that i'm aware of. things happen quickly we meet with the developer, their consultant they make the determination of the turn around time and the analysis of their sample. motion folks go two weeks to

save money. the department of health site is thirty days >> director tom, i have a way of this ordinance we have a meeting we have paul and kari and generally overall departments put this ordinance it's a good ordinance. let me explain from previously how the permit process with this t is generally in a limited area mostly a large promise project. at the gas stations they go to department of health and before they get a building permit. now because of this overall with the citywide area we've got our

pbs system we can't track that area. one of the solution is to talk to planning they should first go to planning to find which area they require to go through this study. to do the study everybody know the time when i request a report how to mitigate the soil and underground water i'm not an expert. i recommend he department of health have a station. a basis station on the fifth floor station thirty they can send someone to answer the questions and they can do some permit progressing and then hopefully by the end of the year with the pbs system and to check

out by next year, we, do something. we've all this stuff i recommend all the - to check out the development first. for me, the way i see the hazard materials take a year to mitigate and all those, you know, it's not only underground the surface how does it go that's what we recommend maybe at that time we send information inform developer and owner >> i'm a developer i understand it i'm