Chancelor for Legal Affairs and Office of the Vice Chancellor for Capital Facilities. Required Environmental Audit Reports

Transcription

1 Date: February 1, 1989 VOI. From: Office of the University Counsel and Vice Chancelor for Legal Affairs and Office of the Vice Chancellor for Capital Facilities Subject: Required Environmental Audit Reports 89 No 3 To: Presidents, State-operated Institutions Deans, Statutory Colleges Recently issued environmental audit guidelines from the New York State Department of Environmental Conservation will require the immediate attention of all State-operated campuses and the statutory colleges. The guidelines implement legislation (chapter 595 of the Laws of 1988) requiring State University, as well as other State agencies, to conduct environmental audits to assess whether its facilities and operations comply with the Environmental Conservation Law and regulations of the Department. The audit law is intended to provide information to the Governor and the Legislature concerning the State's adherence to its environmental laws. Significant efforts will be needed to complete the audits in the short time provided. Under the guidelines issued January 19 by the Department, the audits must be completed according to the following schedule: April 1, Report to the Department all areas of significant noncompliance July 1, Report to the Department environmental problems caused by past practices (back to 1952), including oil spills and hazardous substance spills, abandoned storage tanks, hazardous waste shipments, and solid waste disposal October Inventory all facilities and operations which require a permit or are subject to a regulatory standard of the Department April 1, Report all areas of noncompliance and each April thereafter Fall Prepare a comprehensive remedial plan, including cost estimates for fiscal year

2 Memorandum to Presidents No. 3 February 1, 1989 Page 2 The annual audits will assess compliance with fiftynine regulatory programs of the Department of +Environmental Conservation (see attached list of programs). Given the short time for completing the reports, each campus will need to begin promptly to conduct an audit, of its operations and facilities and complete the audit report. Campus audit reports should be submitted to Lindo Signorelli, Associate Vice Chancellor for Facilities. Management and Support Services'by March 24 (initial audit) and June 23 (past practices audit). In order to allow this task to begin,promptly, we have enclosed with this memorandum a copy of the audit guidelines issues by the Department of Environmental Conservation, together with a summary of the procedures for completing the April and July audit,reports. We will provide further.communications on this issue as information becomes available. To facilitate this process, we request that you designate, a 'person on your campus (preferably the person who will be conducting the audits and preparing the reports) to receive future correspondence. Please send the designee's name and address to Lindo Signorelli as soon as possible. The Department of Environmental Conservation has scheduled a session for State agency representatives on February 8, in Meeting Room 6 of the Empire Stafe.P~laza in Albany to provide assistance,to agencies in completing the audits. The Department will not offer a formal presentation, but will make specialists available from the regulatory program areas to answer questions. Representatives from State.University campuses are welcome to attend this session. Any questions concerning completion of the audits should be directed to John Coffey, Associate Director for University Physical Plant Support Services, at (518) Legal issues will be addressed by the Office of the University Counsel, at (518) Questions concerning the requirements of a particular regulatory program may be directed to the person listed in the Department's guidelines as the contact for questions about the program. Attachments Copies for information only: Presidents, Community Colleges President Co11 Vice President Nesheim

3 I/. ~- Memorandum to Presidents Vol. 89 No. 3 Attachment NEW YORK STATE DRPARTMhWT OF ENVIRONMENTAL CONSERVATION LIST OF RRGULATORY PROGRAMS Page Division of Air Architectural Surface Coatings Asbestos-Containing Surface Coating Material Dry Cleaning Facilities Fuel Composition and Use-Sulfur Limitations and Waste Fuel 5 Gasoline Dispensing Sites and Transport Vehicles 6 General Process Emission Sources, Permit to Construct/Operate 7 General Prohibitions 8 General Provisions 9 :y Graphic Arts Facilities Incinerators, Permit to Construct/Operate Indirect Sources of Air Contamination New Source Review in Nonattainment Areas Open Burning Petroleum Liquid Storage Facilities Solvent Metal Cleaning Processes Stationary Combustion Installations Surface Coating Processes ia :i t: Division of Fish & Wildlife Destructive Wildlife - Permit to Take Fishing Permit - (Institutional) Freshwater Wetlands Protection Liberation of Fish & Wildlife Permit to Possess Endangered Species Protection of Waters - Dredge/Fill, Stream Disturbance Scientific Collectors Permit Division of Hazardous Substance Regulation State Agency Registration - appliction of pesticides Commercial Pesticide Applicator Certification Aquatic Pesticide Permit Waste Transporter Permit: Transporting Regulated Wastes Regulatory Fees Annual Report Requirements Regulation of Hazardous Waste Generators Hazardous Waste Generator Annual Report Requirement Hazardous Waste Manifesting System Hazardous Waste Management Facility Control of Radioactive Materials Low Level Radioactive Waste

4 Division of Lands & Forests Ccllection and Excavation of Archaeological or Paleontological Materials on State Lands Off Premises Sign Use of State Forest Lands Wild, Scenic, and Recreational River System Division of Marine Resources 41 Marine Aquaculture Permits 42 Shellfish Management 43 Tidal Wetlands Division of Mineral Resources 44 Mined Land Reclamation Program 45 Oil & Gas Leasing on State Lands 46 Oil, Gas, Solution Mining (Well Drilling) Division of Regulatory Affairs 47 Certificate of Environmental Safety 48 State Environmental Quality Review Certification of Water Quality Division of Solid Waste 50 Solid Waste Management Facilities - and Operate for LNG (SEQR) Permit to Construct Division of Water Chemical Bulk Storage Coastal Erosion Management Dams Flood Plain Management Long Island Wells Petroleum Bulk Storage Public Water Supply State Pollutant Discharge Elimination System (SPDES) Wastewater Treatment Plant Operator Certification

5 . Memorandum to Presidents Vol.89 No.3 Attachment Reporting Procedures 1989 Environmental Audits I. Initial Assessment of Sianificant Noncomaliance (Due March 24, 1989 to Lindo Signorelli) In recognition of the short time allowed for the initial annual assessment, the Department of Environmental Conservation ("Department") has determined that the initial report will cover only State facilities and operations that are in sianificant noncompliance with its environmental programs. The guidelines issued by the Department ("Guidelines") define significant noncompliance to include conducting activities without required Department permits or approvals, violating the Environmental Conservation Law, or violating a permit or regulatory standard in a manner that results in harm or threat of harm to the environment or exceeds an ambient air or water standard. The Guidelines (section 4) contain a form for reporting significant noncompliance. The Department requests that a separate form be completed for each facility or operation that is in significant noncompliance with each regulatory program of the Department (see section 7 of the Guidelines). Forms need not be completed for facilities and operations that are in compliance. The assessment of compliance should be made for all physical facilities owned, operated or maintained by a campus, as well as all activities and operations of State-operated campuses. The Department has requested that the completed forms be accompanied by a letter from the President stating that, to the best of his or her knowledge, the facilities not reported are in significant compliance with the Environmental Conservation Law and the regulations of the Department. Please note that the assessment is concerned only with the Environmental Conservation Law and the regulations promulgated under that law. Section 7 of the Guidelines contains abstracts of 59 regulatory programs of the Department that may be applicable. The audit legislation does not address compliance with other State environmental regulations (such as the Right to Know law) or with federal regulations. The Department has asked that questions concerning its regulatory programs be directed to the contact persons listed in section 7 of the Guidelines rather than to the Department's regional offices, at least until the regional offices become more familiar with the audit requirements. -l-

6 II. Past Practices Audit (Due June 23, 1989 to Lindo Signorelli) d The past practices audit will assess environmental problems caused by past activities in four areas: (1) hazardous waste disposal, (2) abandoned storage tanks, (3) spills of petroleum or hazardous substances and (4) solid waste disposal. Past practices include activities back to January 1, Section 5 of the Guidelines contains a form to be used to complete the past practices audit. Part I of the past practices form covers all shipments of hazardous waste. Part IIA addresses abandoned storage tanks and Part IIB requests information about past spills. Part III covers disposal of solid waste (other than construction and demolition debris) at a site owned, leased or maintained by the University. The past practices audit form should be accompanied by a transmittal letter from the President (see section 5 of the Guidelines). The Department has advised us that the past practices audit report need not repeat certain types of information previously reported to the Department. Campuses which'have already reported past hazardous waste shipments in response to a survey conducted by the Department (pursuant to Executive Order 33) may satisfy Part I of the past practices audit form by including the earlier report, and updating it for subsequent hazardous waste shipments. The report need not include spills already reported to the Department (or to the Department of Transportation under the previous spill reporting program). Finally, the report need not include storage tanks closed after January 1, 1986 in accordance with current regulations. In each instance where prior reports are used to satisfy audit reporting requirements, the audit report should refer to the previous reports filed with the Department. -2-