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Remediation Guidance and Policy Documents

Program Policies issued by the Division of Environmental Remediation (DER) include Technical and Administrative Guidance Memorandums (TAGMs), Spill Technology and Remediation Series (STARS), Spill Prevention Operations Technology Series (SPOTS) and the Spill Guidance Manual (SGM). These guidance series are being updated and replaced by the DER series (DER-#).

Proposed Guidance:

DER-41 - DER is issuing proposed guidance, DER-41 - Financial Assurance (FA) Guidance for Sites in the State Superfund Program and Brownfield Cleanup Program, for public comment along with proposed language for FA instruments. DER is accepting written comments through October 12, 2023. See instructions below to submit comments.

PURPOSE: This program policy provides guidance to project managers and remedial parties to ensure that financial funding is available for the continued Operation, Maintenance, and Monitoring (OM&M), and enforcement of institutional or engineering controls required by a Decision Document and/or a Consent Order. These controls are necessary for the continued protection of public health and the environment. At a minimum, FA will be required as part of the remedial alternative if: the present worth of the OM&M costs are greater than three million dollars; or it is anticipated that the selected remedy will require OM&M for greater than 10 years.

Text of Proposed DER-41

Text of Proposed FA Instruments

The public is invited to submit written comments on the proposed policy through 5:00 p.m. on October 12, 2023.
Written comments can be submitted as follows:

  1. By email to [email protected]. Please include "Comments on Proposed DER-41" in the subject line of the email; or
  2. By mail to the NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, attention: Jenn Dawson

Requests for information on the proposed policy may be directed to Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, E-mail: [email protected].

Issued Guidance:

More about Remediation Guidance and Policy Documents: