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Protocol for Notification When Hazardous Lead Level is Encountered in Soil


When hazardous lead levels are found in soil (analyzed by Toxicity Characteristic Leaching Procedure (TCLP), exceeding the USEPA action level of 5 parts per million) during any phase of a project, DDC will observe the following notification procedure:

  • DDC will prepare an explanatory executive summary along with analytical data provided by an accredited laboratory.


  • DDC will review and verify all sampling reports and analytical data.


  • DDC will post the sampling report, along with the executive summary, on DDC website within five business days of discovery.


  • DDC will notify the New York City Department of Health and Mental Hygiene (NYC DOHMH), the local Council Member, and the community board associated with the project within five business days. We will provide a link to the executive summary and the sampling report as well as a DDC point of contact.


  • The project contractor will prepare Material Handling and Community Air Monitoring Plans for DDC review and approval prior to excavation.


  • Hazardous soil will be secured and handled in accordance with the DDC-approved Material Handling Plan as well as State and Federal regulations.


  • The project contractor will conduct dust monitoring during excavation using a data logger for recording purposes.


  • Hazardous soil stockpiles will be located at least 800 feet away from sensitive receptors, such as schools, daycare centers, nursing homes, and hospitals.


  • Only waste transporters licensed by New York State Department of Transportation and disposal facilities permitted by the New York State Department of Environmental Conservation, stated in the approved Material Handling Plan, will be used to transport and dispose of hazardous soil.


  • DDC will communicate with the local Council Member and the relevant community board if additional documentation is requested.


  • DDC will conduct frequent and unannounced field visits to ensure hazardous soil handling protocols are being followed.


  • The project contractor will provide daily dust monitoring data for our review and verification.


  • When excavation activities are complete, DDC will notify NYC DOHMH, the local Council Member, and the relevant community board.


Local Law 72




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