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 building permit person it's up to you 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 permit 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 up, you know, you'd have 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 databas 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 project that came 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

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 by 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 developers as well as their consultants. 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 ient then wwe backth has become in the does this 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 willimate 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 concerned about the smaller people here and i don't have to move the dirt from the site. you could be - >> it's disturbing 50 cub itself yards so - >> and maybe acting director if you could explain it to me if

i'm digging down footingsnd i have to mitigate and i compliment to the department are you going to come out and inspect my project which could take thirty days and is the department going to go out and continual inspect why is this done parallel? >> i'll - generally, we look at the site and the call section and measure it and inform them all. by the time i are doing

inspection we don't, hard to measure because the soil when you get open the ground they expand to 23 or 3 times >> well, maybe somebody in next door calls the department of health and they say i think it's more than 50 yards and where does the department stand in going to that project. it that project going to be stopped until this is mitigated? >> no, we resend to department of health we can't stop it because they measure is and do the approval at the time. >> okay come back to temporary

solution i suggest to go to planning and then the developer or anyone who need to make sure, you know, require to do that then second item is department of health come to our station on the fifth floor to answer all those questions and check the area or maybe issue the letter right there to speed up the process. then they also future our pbs system can put in another safeguard. the permit is - you may be, you know, depend upon the size of project >> just one question. how many staff inspectors have to deal with this?

>> we have half 0.5 currently. >> so you're going to expand the whole program? >> definitely not. we're still looking at the anticipated number of projects and we'll be developing our staff at that time, but we are currently staffing with zero .5 staff >> just a clarification does that half time f t also have other responsibilities? >> yes, a their you assigned to other projects. >> how is that position paid for . >> it's a grant funded position

excuse me. it's a contract with the state water resources control board. >> and is that for whatever rain the funding dries up what what happens? >> i'm not sure. >> we could be looking for answers and we don't have a person to address - i mean seems to me if we're relying on the department of health to be the entity to whether it is hazardous or not we may get into a logjam. >> i very much appreciate that and it is fully the department of health will have staff people

to see about this code but future where this person is funded we can't know but, of course, there will be someone to measure those codes. no one wants to not have a person on the other end of the phone >> i'm in charge of the health inspectors. the way it looks like the program is starting to be reduced. so we think that our half time person we have working on l o p plus site mitigation that person will have less responsibility for working for l o p.

>> when do you expect this to be implemented into law? >> so it's likely if this legislation continues through this process that 3 would be up to the board of supervisors in mid-june. because it's an ordinance it has a thirty today detailed date so mid-july >> so you'll be fully staffed to deal with pretty much the expansion of this whole program. >> it will be every tennis to have the staffing under this code to take ne.

i tried to make this point earlier i guess i want to expe today or it will not change it's the same amount of work but it will be done pursuant to code rather than some by code and some by sequa. there won't be changes >> and i think the thirty day notice and those requirements are going to be done even though we're pretty much i'm combeen if i were to take 10 projects in those new zones i imagine 7, 8