Nassau County's Environmental Hazard Remediation Contractors License Added to Nassau County Fire Prevention Ordinance

In our mold refresher courses, we've been discussing the 2016 edition of the Nassau County Fire Prevention Ordinance.  This Ordinance now requires businesses that provide board-up services and restoration services must be licensed with the Nassau County Fire Marshall.  The Fire Prevention Ordinance defines restoration services as the act of cleaning or restoring a residential or commercial building damaged by fire, flood, hurricane, storm or other emergency events.  The Nassau County Fire Marshall charges a fee to be licensed, however, if a business has a home improvement or environmental hazard remediation contractors license issued by Nassau County Department of Consumer Affairs are still required to have the Fire Marshall License but are exempt from paying the fee.
   

Fire Restoration Companies Must Be Licensed with the Nassau County Fire Marshall

If you are wondering what is an Environmental Hazard Remediation Contractor license?  This is a license created by Nassau County Local Law No. 13-2014 that requires "Licensing of Environmental Hazard Remediation Providers" or in other words environmental contractors.  However, environmental contractors are defined as "any person who or legal entity that, contracts with an owner or an owner's agent to inspect a suspected environmental hazard or to implement any measure or measures that result in the remediation of an environmental hazard in a building."  This definition means both consultants and contractors have to be licensed.  Even more amazing is the definition of Environmental hazard.  "Environmental hazard(s) means any condition that constitutes an indoor air quality violation as defined by any United States statute or regulation, any New York State Law or regulation, any local law or any regulation promulgated by the Commissioner of Consumer Affairs, and which hazard was caused by fire, flood, storm, chemical spills, dust, sewage, mold, pathogens or other biological contaminants and not caused by the presence of asbestos or lead."  Not totally sure what isn't covered, under this definition.  

Flood Damage & Mold are Environmental Hazards under Local Law 13-2014

The Local Law 13-2014 requires two licenses, environmental contractors have to get the Environmental Hazard Remediation Provider (EHRP) License ($1,300 for a two-year license, renewal fee is $500 every two years) and the Environmental Hazard Remediation Technician (EHRT) License ($110 for two-year license, every two years).  The EHRT shall be issued to an EHRP or their principal(s) and any person employed by, seeking employment by or under contract to a EHRP for the purpose of environmental hazard assessment and environmental hazard remediation.  It does allow an EHRT to supervise up to 10 unlicensed employees or contractors performing remediation or remediations.  To get the EHRT license the applicant must show proof that they have taken the following courses:

• OSHA Safety Standards for Construction or General Industry - a minimum of 10 hours
• NYS Asbestos Handler - a minimum of 32 hours
• EPA Lead Worker - a minimum of 16 hours.  Lead RRP is NOT sufficient
• Hazardous Waste Operations (HAZWOPER) - a minimum of 40 hours
• Microbial Remediation - a minimum of 24 hours
• Water damage restoration - minimum 20 hours or Institute of Inspection, Cleaning Restoration Certification (IICRC) WRT Certification
• Fire damage restoration - a minimum of 16 hours or IICRC FSRT Certification
• PCB Awareness - a minimum of 4 hours
• Bloodborne pathogens - a minimum of 4 hours
• Infection control risk assessment - a minimum of 4 hours
• Proof of a valid lead and asbestos abatement licenses.

170 hours of training, is a lot of training!

The above list consists of 170 hours of training.  It is interesting to note to get an asbestos abatement license you need to take an NYS asbestos supervisor - a minimum of 40 hours and to get the EPA Lead Remediation License you must be an EPA lead supervisor - a minimum of 32 hours.  Nowhere in this list of topics is a supervisor course, considering that the EHRT will be allowed to supervise up to 10 unlicensed employees/contractors that seem very lacking.  In addition, there is no assessment class in this list.  Most of us in the industry would agree that this list should be the minimum training for the remediation workers in the restoration/remediation industry.  This list should not be the training requirements for the principals/supervising employees of an EHRP.  In our opinion, EHRP principals/supervising employees should have a minimum certification from American Council for Accredited Certifications, American Board of Industrial Hygiene, Board of Certified Safety Professionals, or another national, non-profit certifying body which:  

• is accredited by the Council of Engineering and Scientific Specialty Boards (CESB) and/or the American National Standards Institute under ANSI/ISO/IEC 17024, and 
• is wholly independent of training organizations, membership organizations, and industry trade associations.

In addition, the Local Law does not address the conflict of interest issues that arise from these types of projects.  In our opinion, the local law should have this language to address conflicts of interest:

• Individuals or legal entities shall not conduct environmental assessments for a period of one year on projects for which they have conducted environmental remediation services.

• Individuals or legal entities shall not conduct environmental remediations for a period of one year on projects for which they have conducted environmental assessments.

We have written to our representative on the Nassau County Legislature (click on the link to see our letter) and have not gotten very far.  We suspect that is because we are only one voice and we need the industry to write to the legislature to get some traction on this.  We plan on sending another version of this letter in the next week or two.  We may not all agree on what changes need to be made, but we all agree that it needs to change.  Under the current version, very few contractors and no consultants would become license under this local law.

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Save The Dates February 26th through February 28th 2020!!! PACNY's Environmental Conference Is Set!!

The Professional Abatement Contractors of New York (PACNY) have announced the dates for their annual Environmental Conference to be held on February 26th through February 28th, 2020.  It will be held at the Turning Stone Resort & Casino in Verona, New York.  To register for the conference or sponsor the conference click here!

NYSDOL Asbestos & Mold Control Bureau 

This year Future Environment Designs  is working with PACNY to put together the Wednesday, February 26th, 2020, Proficiency Day.  We are working with the regulatory bodies to start the conference with a bang and get the professional development points for professional engineers/architects, which would also apply for the American Council for Accredited Certifications (ACAC) and the American Board of Industrial Hygiene (ABIH).  We are focusing on Asbestos Contamination Assessments - what is expected by the New York State Department of Labor (NYSDOL) Engineering Department to approve a Site-Specific Variance and What NYSDOL Enforcement expects in the cleanup process?

Professional Presentations

On Thursday, February 27, 2020, will be the Professional Day this day will include information on Vinyl Asbestos Tile (VAT) removal; exposure updates on talc; mercury flooring; waste management, recycling, and your carbon footprint; New York State (NYS) harassment training; and NYS Women-Owned Business Enterprise (WBE)/Minority-Owned Business Enterprise (MBE) requirements.  The Vendor Exhibit Hall will also open on Thursday.  As usual Future Environment Designs will have a booth and we will have our book for sale "Do As I Say Not As I Did" and it can be signed by the author Angelo Garcia, III.

Vendor Exhibit Hall

On Friday, February 28, 2020, will be Regulatory Day.  The day will open with a round table panel and discussion including survey requirements expert panel discussion.  Afterward, the NYSDOL Asbestos Control Bureau will once again be present to update us and answer questions from the attendees.  It plans to be another fantastic conference and we look forward to seeing you there!

EPA Removes Saccharin As A Hazardous Waste

Saccharin 2-D Formula

In December, 2010 the Environmental Protection Agency (EPA) amended its regulations regarding saccharin as a hazardous waste.  Saccharin, an artificial sweetener in the form of a white crystalline powder, is 300 times sweeter than sucrose or sugar.  It is typically an ingredient in diet soft drinks, juices, sweets, and chewing gum.  Saccharin can also be found in cosmetics and pharmaceuticals.

EPA amended its regulations under the Resource Conservation and Recovery Act (RCRA) to remove saccharin and its salts from the lists of hazardous constituents and commercial chemical products which are hazardous wastes when discarded or intended to be discarded.  In addition, EPA amended the regulations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to remove saccharin and its salts from the list of hazardous substances.  EPA responded to a petition submitted by the Calorie Control Council (CCC) to remove saccharin and its salts from RCRA and CERCLA, EPA will no longer list these substances as hazardous on the above mentioned lists.  EPA granted CCC’s petition based on a review of the evaluations conducted by key public health agencies concerning the carcinogenic and other potential toxicological effects of saccharin and its salts.  In addition, EPA assessed the waste generation and management information for saccharin and its salts, concluding that the wastes do not meet the criteria for hazardous waste regulations.

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EPA Reports a Successful Year Enforcing Environmental Law

Image via WikipediaThe U.S. Environmental Protection Agency posted information illustrating its very successful past year in enforcing environmental law.  In the past federal fiscal year, which ran from October 1, 2009 through September 30, 2010, the Agency took actions that reduced pollution and ensured that environmental laws are being followed.  In the past fiscal year, EPA took enforcement and compliance actions in New York State that require polluters to pay nearly $2 million in penalties and take actions that will result in the reduction of more than 41 million pounds of pollution.

Detailed information about EPA’s enforcement of environmental laws can be viewed using an interactive Web-based tool that includes statistics and highlights on a state-by-state basis. The website also includes a map that provides the public with detailed information about the enforcement actions taken at more than 4,500 facilities throughout the U.S, Puerto Rico and the U.S. Virgin Island.

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Kings Park Psychiatric Center Cleanup Estimated At $215 Million

Image via WikipediaThe verdict is in on the Kings Park Psychiatric Center environmental cleanup.  The cleanup is estimated to cost $215 million.  Compared to original estimates from developers ten years ago of $60 million, that is nearly 4 times the original estimates.  Though we don't think the original estimates were accurate at all.  The current estimate, developed by Dvirka and Bartilucci an environmental engineering firm based in Woodbury, NY, and TRC Environmental, an environmental consultanting firm based in NYC, is probably closest to the mark because Dvirka and Bartilucci and TRC spent several months on the property performing a number of inspections and surveys to get as accurate a picture of the materials and the costs involved with this project. 
The $215 million price is for demolishing all 57 abandoned buildings on the property and returning the 368 acres to open space, said a statement from the New York State Office of Parks, Recreation and Historic Preservation, which commissioned the study by Dvirka & Bartilucci.  The bulk of the cost, about $186 million, pays for tearing down the buildings and cleaning up asbestos and other hazardous materials. Other costs include $26 million to demolish and remediate five miles of underground steam tunnels and $3.7 million to excavate materials dumped on the property over the years.  State Sen. John Flanagan (R-East Northport) had secured $29 million for park cleanup and agreed to spend $3.6 million for the environmental study.  He said the actual cost will be determined when the projects are put out for bid. 
In February 2009, after community groups clamored for some resolution of the property, then State Parks Commissioner Carol Ash ordered the demolition of 15 buildings deemed unsafe, which will cost $14 million. Requests for bids for that project will go out soon.  Once that happens and those bids come in we will get a better idea what it will actually cost.

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ADA Construction Caught Illegally Mining Sand in Melville

Image via WikipediaA joint investigation between Huntington Code Enforcement Officials and New York State Department of Environmental Conservation (NYS DEC) found that ADA Construction Corp. had mined 6,000 cubic yards of raw sand and then dumped 8,000 cubic yards of solid waste to backfill the excavation behind Bagatelle Court in Melville, Long Island. 
A separate inspection by the NYS DEC of ADA Construction Corp's Solid Waste Management Facility in Inwood found the site had exceeded its authorized storage limit.  The NYS DEC inspection found 23,000 cubic yards of debris and the facility was only allowed to store 5,000 cubic yards (it was over its limit by 18,000 cubic yards).
ADA Construction Corp is owned by Anthony Frank Falcone, president, and his son, Anthony Vincent Falcone, also owner of Varatech Industries Inc., were found to be in violation of multiple state environmental conservation laws.  The Falcones signed a consent order that required them to remove all of the solid waste from the Melville site, restore the illegal excavation with clean fill material, reduce the volume of material at its Inwood facility, and pay a $150,000 penalty.

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