The City of Rochester New York Environmental Institutional Control System Prepared By: Mark Gregor City of Rochester, New York Division of Environmental Quality November 2009

Overview Rochester’s Permit Based IC Rochester’s Permit Based IC –Description & process –Functionality –System management issues Interface with NYSDEC Interface with NYSDEC Process & Cost Analysis Results Process & Cost Analysis Results

IC Categories Proprietary Controls Proprietary Controls –Easements and convenants Enforcement & Permitting with IC Enforcement & Permitting with IC –Consent orders Informational Devices Informational Devices –Deed notices and databases Governmental Controls Governmental Controls –Zoning and local permits

Creation of the City’s Environmental Institutional Control (IC) System 1940s – 1970s: City Operates a 230-Acre Municipal Solid Waste Landfill. Solid Waste Incinerated and Ash Buried. 1940s – 1970s: City Operates a 230-Acre Municipal Solid Waste Landfill. Solid Waste Incinerated and Ash Buried. 1970s-1980s: Landfill Closes and Redevelopment Begins Mostly as Industrial Park and a City High School Complex. 1970s-1980s: Landfill Closes and Redevelopment Begins Mostly as Industrial Park and a City High School Complex. Late 1980’s: New York State Department of Environmental Conservation (NYSDEC) Classifies Former Emerson Street Landfill As Hazardous Waste Site – Redevelopment Slows. Late 1980’s: New York State Department of Environmental Conservation (NYSDEC) Classifies Former Emerson Street Landfill As Hazardous Waste Site – Redevelopment Slows : City Performs Environmental Investigations & Interim Remedial Measures to Address Hazardous Waste : City Performs Environmental Investigations & Interim Remedial Measures to Address Hazardous Waste : City Petitions NYSDEC for removal of >90% of Former Emerson Street Landfill from Hazardous Waste Registry : City Petitions NYSDEC for removal of >90% of Former Emerson Street Landfill from Hazardous Waste Registry : NYSDEC Delisting Action Conditioned – City Must Implement Developmental Control System : NYSDEC Delisting Action Conditioned – City Must Implement Developmental Control System

1970 Aerial Photograph of Former Emerson Street Landfill Emerson St. Canal Active Landfilling

Emerson St. Canal 2001 Aerial Photograph of Former Emerson Street Landfill

Primary Purpose of City’s Environmental IC System Develop Written Environmental Management Plan (EMP) to Alert Owners, Prospective Purchasers, Designers, and Contractors of Existing Environmental (& Geotechnical) Site Conditions. Develop Written Environmental Management Plan (EMP) to Alert Owners, Prospective Purchasers, Designers, and Contractors of Existing Environmental (& Geotechnical) Site Conditions. Protect Workers and the Health and Safety of Occupants. Protect Workers and the Health and Safety of Occupants. Ensure that new Facilities Mitigate Environmental Conditions in their Design and Construction (e.g. sub- slab vapor mitigation system). Ensure that new Facilities Mitigate Environmental Conditions in their Design and Construction (e.g. sub- slab vapor mitigation system). Ensure Proper Characterization and Management of Regulated Solid Waste and other Site Contaminants. Ensure Proper Characterization and Management of Regulated Solid Waste and other Site Contaminants.

Fundamental IC Requirement: Parcels with ICs

Key Features of IC System Use Electronic Red Flags to Link IC’s to the City’s Permit Application Process. Use Electronic Red Flags to Link IC’s to the City’s Permit Application Process. Rationale: Rationale: –City Permits are Required for Most Intrusive Activities. –IC’s are Highly Visible to both City staff and Applicant at the Initial Stages of the Project. City Permit Application Process Stops until City DEQ (or NYSDEC) Determines If Permit Activities Trigger the IC. City Permit Application Process Stops until City DEQ (or NYSDEC) Determines If Permit Activities Trigger the IC.

City of Rochester Environmental Institutional Control Process

IC Examples

IC Flag

Permit Event List

Permit Detail Screen Permit Description

City & Applicant Signatures IC Permit Conditions

City IC System Summary City IC System in Place since 1996 Approximately 125 Parcels Flagged with ICs Permit-Based Process Results in Good Documentation and timely City Response Permit-Based ICs: Code Enforceable City DEQ In-Depth Technical Knowledge of Site Conditions City DEQ Uses Discretion in Referring Permit Applicant to Regulatory Agencies (City Managed Sites)

Interface with NYSDEC remedial programs Established IC for City managed sites Established IC for City managed sites Accepted by the NYSDEC, Monroe County Health Department, and some lenders Accepted by the NYSDEC, Monroe County Health Department, and some lenders 2003 Statory Mandate for Local Municipality Tracking of NYSDEC Brownfield Cleanup Program Environmental Easements Statory Mandate for Local Municipality Tracking of NYSDEC Brownfield Cleanup Program Environmental Easements. Recent NYSDEC Request for ICs for Petroleum Spill Sites. Recent NYSDEC Request for ICs for Petroleum Spill Sites.

City IC System Reviews 2004 EPA BF grant supported IC system review (QC and effectiveness) 2004 EPA BF grant supported IC system review (QC and effectiveness) 2005 ICMA/EPA Cost Tracking Project 2005 ICMA/EPA Cost Tracking Project Basic Categories of City IC costs: Basic Categories of City IC costs: –Guidance document/site management plan preparation, approval, & updates –Activity use limitation preparation, request, & “flag” set up –Permit application processing & referral –Site reviews & support by technical staff

2004 IC System Review Issues Flags can be Ignored or Not Observed – Make Highly Visible Flags can be Ignored or Not Observed – Make Highly Visible Flags are Erroneous Flags are Erroneous Flags are “Missing” Flags are “Missing” City Staff Training City Staff Training Real Property Changes - Subdivision of Parcel with IC Real Property Changes - Subdivision of Parcel with IC

IC Quality Control Measures Permit Activity Report Permit Activity Report Parcel Status Report Parcel Status Report Review of Subdivision Changes Review of Subdivision Changes Real-Time GIS Shapefile of Current ICs Real-Time GIS Shapefile of Current ICs Staff Training Staff Training

2005 IC City Cost Analysis –Based on an IC subset of 110 parcels in a population of 66,000 parcels –Three month period –City managed cleanup sites only –Limited to City staff transactions –Excludes permit applicant’s costs to meet IC conditions (Eg. HASP, SMP etc.)

Cost Analysis Summary Cost CategoryQuarterly CostAnnual Estimate Consultant Costs to prepare IC site EMP $3,000-$5,000 per site Transaction Staff Costs$2,000 $8,000 - $10,000 Staff Training $800 - $1,000 Staff Field Inspections$100 $500 - $5,000 Staff Quality Control$100 $500 - $1,000 Staff Total $9,800 - $17,000

Cost Factors & Projections Very limited field inspections during sample period Very limited field inspections during sample period 2005 data 2005 data Experienced City staff familiar with IC process and sites Experienced City staff familiar with IC process and sites NYSDEC site additions (30-50 per year) are expected to increase City costs by the current amount every 3 to 4 years ($15k-$30k-$45k etc.) NYSDEC site additions (30-50 per year) are expected to increase City costs by the current amount every 3 to 4 years ($15k-$30k-$45k etc.)