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What’s Hot New Lead EPA Rule for Renovation, Repair & Painting in effect April 22, 2010 Does Local Law #1 of NYC Apply to You? Are you aware of NYC Title 15, Chapter 1? Are You Exposing Yourself to Unnecessary Liability? HPD Allows for Use of XRF Machines for Testing Presence of Lead in Dealing with Lead-Based Paint in Props - Josh Sarett - The New York
Does Local Law #1 of NYC Apply to You? Local Law #1 is New York City’s Childhood Lead Poisoning Prevention Act of 2003.
Are you aware of NYC Title 15, Chapter 1? Even though the federal government has banned asbestos for new uses, many existing building in New York City still contain some form of asbestos. New York City’s Title 15, Chapter 1, The Asbestos Control Program, provides rules and limitations for building owners and contractors for handling asbestos. This regulation stipulates special training and certification requirements for asbestos handlers as well as reporting and permitting procedures that must be filed with the city prior to any demolition, plumbing or other work that may disturb asbestos containing materials.
Amendments to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) prompted the U.S. Environmental Protection Agency (EPA) to establish standards and practices necessary to conduct “all appropriate inquiry”. “All appropriate inquiry” is a prerequisite to establishing an innocent landowner defense and new bona fide prospective purchaser defense under CERCLA. Establishing the noted defense criteria before purchasing new real estate is important to reduce liability associated with historical environmental contamination at the property. An Environmental Site Assessment (Phase I, II, III) is the standard of conduct developed by the EPA to establish “all appropriate inquiry”. Many lending institutions require such assessments before loans on commercial or industrial properties are granted. It is also prudent for high-risk non-commercial properties to have such assessments performed before ownership is transferred. ALC can provide (ASTM) E 1527-05 Standard Practice Environmental Site Assessments on any type of real estate. We have helped every sector of the market, from public utilities to institutional lenders, reduce their liability by properly following federal mandates.
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