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l Comments:

As indicated in the accompanying Application for Access to Records, I am requesting copies of two documents relating to DEC procedures applicable to the Voluntary Cleanup Program.

Although the first document purports to contain “Internal Procedures,” in fact, it contains significant guidance (not available elsewhere) that directly affects outside constituents.   (Examples are: review timeframes that may conflict with the terms of previously approved Voluntary Cleanup Agreements; a requirement that certain documents be certified by a NYS registered professional engineer; a provision that various submittals cannot be approved and final sign-offs cannot be provided without written concurrence by the State Health Department, and a provision requiring certification that cleanup remedies are in conformity with State Standards, Criteria and Guidelines established for other programs.)

Since the Voluntary Cleanup Program is not explicitly authorized by State law and has no published VCP-specific regulations or guidance, access by the regulated and affected public to any and all available guidance or procedures is critically important.

Thank you for your assistance.

Kenneth S. Kamlet

Attorney at Law