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TROY CITY COUNCIL

GENERAL SERVICES COMMITTEE AGENDA

August 8, 2019

6:00 P.M.

Pledge of Allegiance

Roll Call

Public Forum

LOCAL LAWS

ORDINANCES

71. Ordinance Amending The Troy City Code, Chapter 148, Electricians (Council Member

Bissember, Council President Mantello)

72. Ordinance Amending The Troy City Code, Chapter 228, Plumbers (Council Member

Bissember, Council President Mantello)

73. The Plastic Free Hudson River Ordinance To Amend The Troy City Code, Chapter §189

(Council Member Bissember)

RESOLUTIONS

50. Resolution Determining That Proposed Type I Action Shall Have No Significant Adverse

Impacts On The Environment (Council President Mantello) (At The Request Of The

Administration)

56. Resolution Determining That Proposed Unlisted Action Shall Have No Significant Adverse

Impacts On The Environment (Council President Mantello) (At The Request Of The

Administration)

ORD. 71

ORDINANCE AMENDING THE TROY CITY CODE, CHAPTER 148, ELECTRICIANS

The City of Troy, convened in City Council, ordains as follows:

Section 1. Chapter 148 of the Troy City Code is amended as follows:

Chapter 148. Electricians

[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973 as Ch. 11 of the

1973 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 141.

Property maintenance — See Ch. 176.

§ 148-1. Definitions.

For the purposes of this chapter, the following definitions shall apply:

BOARD or BOARD OF EXAMINERS

The Electrical License Board of Examiners provided for in this chapter.

MASTER ELECTRICIAN

Includes any person holding himself out to the public as principally engaged in

the business of contracting to install or alter electrical equipment or apparatus for

utilization of electricity supply for light, heat or power. A person who holds a valid

Class A license or Class B license issued in accordance with the provisions of

this chapter.

PERSON

Includes persons of either sex, natural persons, corporations, partnerships,

associations, joint-stock companies, societies and all other entities of any kind

capable of being used. A natural person.

§ 148-2. Board of Examiners.

[Amended 1-8-1981; 10-2-1986; 10-4-1990]

There is hereby created a board to be known as the Electrical License Board of

Examiners which shall consist of seven three members as follows:

(1)

One local representative from any one of the electrical inspection agencies listed in

§ 141-58, such representative to be the electrical inspector assigned to the City territory.

(2)

Two master electricians with at least 10 years’ experience in the City of Troy, primarily

engaged in the electrical field construction work and employing one or more journeyman

electricians.

(3)

ORD. 71

One journeyman electrician of 10 years experience in the City; all to be appointed by

the Mayor and a representative of the New York Power and Light Corporation; the

Commissioner of Buildings and the City Clerk.

The present existing Electrical License Board of Examiners and all members thereof is

hereby terminated and such present members shall continue only until the appointment

of new members by the Mayor as prescribed by this chapter. With the expiration of the

term for which each member shall have been appointed, the Mayor shall fill the vacancy

by appointment of a person with the same qualifications as the member of office who is

terminated for a term of three yearsEach member shall be appointed by the Mayor to

serve a term of three years, unless sooner removed by the Mayor. Any appointed

member may be removed by the Mayor for malfeasance in office, incapacity, or neglect

of duty.

The Administrator of the Board of Examiners shall be the City Clerk.

As of January 1, 2020, Each each member of the examining board Board of Examiners

shall receive a fee of $500 600 a year and the secretary Administrator of the Board shall

receive $1,0001200 a year. Each member of the examining board Board of Examiners

who is qualified to hold a Class A license shall be entitled to receive such license and/or

renewals thereof without paying a fee.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions,

Art. I).

C. E.

The Board of Examiners shall elect its own chair. The secretary shall be the City Clerk

or the designee of the City Clerk. A majority of the membership of the Board shall

constitute a quorum to transact the business of the Board. The Board shall meet at least

quarterly on the fifteenth day of January, the fifteenth day of April, the fifteenth day of

July, and the fifteenth day of October, and shall hold special meetings at the call of the

Chair, who shall call a special meeting whenever he/shethey or a majority of the Board

shall consider such meeting desirable for the proper and efficient conduct of the

business of the Board. The Board shall examine applicants for licenses to determine the

qualifications and fitness of the applicants to receive licenses to engage in business as

master electricians. The nature of the examinations conducted under this chapter shall

be determined by the Board, and the Board shall adopt such rules and regulations as it

may deem necessary for such examinations. An applicant who has failed in his first

examination shall not be entitled to another examination until after 90 days from the

date of such failure; an applicant who has failed twice or more shall not be entitled to

any additional examination until after six months from the date of the last preceding

failure. Final action on any application shall be taken by the Board of Examiners within

three months after the receipt of the application by the City Clerk.

§ 148-3. License required.

ORD. 71

No person shall within the limits of the City engage in or carry on the business of

installing, altering or repairing any electric wiring or electric apparatus for heat, light or

power, nor shall any person in any manner undertake to execute such work unless such

person is the holder of a master electrician's Class A or Class B license as provided for

in this chapter or is working for a company that employs an electrician who holds a

Class A or Class B license as provided for in the chapter, except as provided in § 148-

11148-13.

Every company performing electrical work in the City of Troy must employ a licensed

master electrician.

There shall be two classes of licenses, to be known as "Class A" and "Class B”. A

“Class A” license shall entitle the holder thereof to engage in or carry on the business of

master electrician for the duration of the license. A “Class B” license shall entitle the

holder thereof to carry on the business of master electrician but shall entitle such holder

to undertake the execution of work in a single continuous installation only, such

installation to be confined to one location or property, and such Class B license shall

expire one year from the date of its issuance unless renewed within such one-year

periodbefore the expiration date.

§ 148-4. Application for Class A license.

Any person desiring to procure a Class A license as provided for in this chapter shall

make application for such license to the City Clerk, stating the class of license applied

for, the name and place of business of the applicant and the name of the representative

of the applicant who will act as supervisor of the work to be done under the license, and

the applicant shall have at least five years experience using the form provided and

submitting such documentation as shall be required by the Board.

The City Clerk shall within 10 5 days after the receipt by him/her of any application for a

Class A license accompanied by the proper fee, deliver such application to the

secretary of the Board of Examiners, who shall assess the application to determine the

fitness of the applicant to take the written examination.

Beginning January 1, 2008, every application for renewal received beyond the renewal

deadline date, as defined in § 148-8A herein, shall be processed pursuant to § 148-8.

[Added 8-7-2008 by Ord. No. 9]The Board shall examine applicants for licenses to

determine the qualifications and fitness of the applicants to receive Class A licenses to

engage in business as master electricians. The nature of the examinations conducted

under this chapter shall be determined by the Board,. and tThe Board and the

Administrator shall adopt such written rules and regulations as it they may deem

necessary for such examinations.

Applicants must earn a minimum grade of 75% to pass the exam. An applicant who has

failed in his first examination shall not be entitled to another examination until after 90

days from the date of such failure; an applicant who has failed twice or more shall not

ORD. 71

be entitled to any additional examination until after six months from the date of the last

preceding failure. Final action on any application shall be taken by the Board of

Examiners within three months after the receipt of the application by the City Clerk.

§ 148-5. Holder of license and supervisor.

Each license when issued under this chapter shall be issued to a person, firm or

corporation to be known as the holder of the license. Each license shall designate as

supervisor of all electrical work to be done by the person, firm or corporation to whom

the license is issued the person named as supervisor in the application for the license.

In case the holder of the license is a person, the supervisor shall either be the holder

himself/herself, or shall be in the employ of the holder. In case the holder of the license

is a firm, the supervisor shall either be a partner in the firm or shall be in the employ of

the holder. In case the holder of the license is a corporation, the supervisor shall either

be an officer of the corporation or shall be in the employ of the corporation. The same

person shall not be designated as the supervisor in two or more licenses issued to

different persons, firm or corporations. In the event that the business association or

employment of the supervisor with the holder of a license shall terminate, such license

shall become null and void 90 days after such termination; provided, however, that

without payment of any further fee, a new license shall be granted to the holder of the

expiring license upon application to the Board of Examiners within the ninety-day period

and upon the approval by the Board of Examiners of the qualifications of the person

named in the application as the supervisor for the person, firm or corporation making

the application for the license.

§ 148-65. Issuance of Class A license.

Upon notification by the secretary of the Board of Examiners that the applicant has

passed the examination and that the applicant has met all the requirements of the

Board to engage in the business of master electricianreceive a Class A license, the City

Clerk shall issue the license to engage in the business as provided for in § 148-3. All

Class A licenses shall be numbered in the order in which they are issued and each

license shall state the class of license, the name and address of the holder, and the

expiration date of the license, the name of the supervisor, the fee paid, and in the case

of the Class B license, shall specify the particular installation to which the license

applies.

§ 148-76. Fees for Class A license.

[Amended 1-2-1976; 12-4-1980; 5-7-1987; 12-8-1994; 3-14-1996]

For the calendar year in which the license is first issued, a fee of $200 shall be paid for

the Class A license. If it is determined an applicant does not meet the requirements to

take the examination provided for in this chapter, the sum of $200 shall be refunded; if a

ORD. 71

license is not granted due to failure of said examination, the sum of $100 shall be

returned. A fee of $200 shall be paid for a Class B license or any renewal thereof.At the

time of examination, approved applicants shall pay a non-refundable exam fee of $100.

Upon passing the exam, a Class A license shall be issued for a fee of $150 and shall

expire at the end of the calendar year in which it was issued.

For each subsequent annual renewal of a Class A license, a fee of $150 shall be paid.

For each renewal of a Class A license after the first year, a fee of $100 shall be paid. A

deposit equal to the fee the first year shall accompany each application for a license,

and in case the license is granted, such deposit shall be retained as the fee for that

year. In case the license is not granted, the deposit shall be returned to the applicant.

All fees shall be paid to the City Clerk and shall be subsequently paid by the City Clerk

to the Treasurer of the City.

§ 148-87. Expiration and renewal of Class A license.

[Amended 8-7-2008 by Ord. No. 9

[1]

]

Each Class A license shall expire at the end of the calendar year in which it was issued,

consistent with § 148-8 148-7 herein. Each Class A license shall be renewed, without

further examination, if the complete application for renewal and appropriate renewal fee

is are received by the City Clerk on or before December 15 of each calendar year. A

completed renewal application shall include and upon the applicant showing proof of

completing at least six hours of continuing education in the electrical field during the

current calendar year, and either proof of workers’ compensation/disability insurance

(NYS Form C-105.2) or proof of exemption (NYS Form CE-200).

[Amended 8-2-2012 by Ord. No. 2]

In the event the annual renewal application and fee is not received on or before

December 15, tThe City Clerk shall accept the filing of all late applications received after

December 15, provided the late application is received by the City Clerk within nine

months of the filing deadline. The applicant must attach a detailed sworn written

statement to the late application, explaining the basis for the late filing. In addition, the

applicant must pay the annual filing fee plus a late filing fee of $250 upon submission of

the late renewal application. Upon receipt of the late renewal application, the sworn

written statement and all fees, the City Clerk shall forward the late application and

attached sworn statement to the Board of Examiners for the Board's review and

deliberation in contemplation of either approval or denial of issue the license renewal

license.

Upon receipt of the late renewal application, the Board of Examiners shall meet and

review the application, along with the applicant's sworn written statement explaining the

basis for failing to meet the filing deadline of December 15. Upon review and

deliberation of the circumstances surrounding the basis of the late application, the

Board is hereby authorized, by a majority vote, to reinstate the license without

ORD. 71

reexamination, provided the basis for failure to renew was solely procedural in nature.

The standard of review upon approval shall be based upon a "preponderance of the

evidence which demonstrates the failure to renew was a negligent procedural defect, in

no way related to the applicant's substantive ability to perform his/her duties as a

licensed electrician." The Board is hereby authorized to establish reasonable

procedures to review all late filings consistent with and ensuring due process rights to

all late applicants. The Corporation Counsel shall be available to the Board to provide

legal counsel to the Board as requested.Renewal applications received after nine

months of the filing deadline shall be required to retake the licensing examiniation.

[1]

Editor’s Note: This ordinance also provided that it be in effect retroactive to 1-1-2008.

§ 148-8. Application for Class B license.

Any person desiring to procure a Class B license as provided for in this chapter shall

make application for such license to the Department of Code Enforcement using the

form provided and submitting such documentation as shall be required by the

Department and the appropriate fees.

The Department shall within 10 days after receipt of any application for a Class B

license assess the application to determine the fitness of the applicant to execute the

work described therein.

§ 148-9. Issuance of Class B license.

Upon approval of the Class B license application, the Department of Code Enforcement

shall inform the City Clerk, who shall issue the Class B license. All Class B licenses

shall state the class of license, the name and address of the holder, and the location of

the property covered by the license.

§ 148-10. Fees for Class B license.

Each Class B license and subsequent renewal shall be issued for a fee of $300. All fees

shall be paid to the City Clerk and shall be subsequently paid by the City Clerk to the

Treasurer of the City.

§ 148-911. License not transferable.

No license granted under this chapter shall be transferable, and no license shall be

used for the interests of any unlicensed master electrician, except as provided for in

§148-3.

§ 148-1012. Revocation of license.

ORD. 71

Upon presentation to the Board of Examiners of charges that the holder of any license

has willfully violated any of the provisions of any ordinances of the City or any

neighboring community or county with which the Board has a reciprocal agreement

applying to electrical work or is incompetent to comply with such provisions, the Board

of Examiners shall fix a time and place for a meeting to consider such charges and shall

notify the holder of the license to be present at such meeting. Such notification shall be

in writing and shall be delivered to the holder at least five days in advance of the

meeting.

If upon a hearing of the Board of Examiners of all evidence offered it shall be decided

by the Board of Examiners that such holder of a license has willfully violated any of the

provisions of any such ordinance, or by continued violation has proven his

incompetency to comply with any of the provisions of any such ordinance, then the

Board of Examiners shall revoke the license of such holder. When a license has been

revoked, a new license shall not be granted to the same person, firm or corporation until

a period of at least 90 days has elapsed after such revocation.

§ 148-1113. Exemptions from chapter.

The provisions of this chapter shall not apply to persons engaged in solely selling or

solely in the attachment of ordinary electrical appliances to existing circuits where no

joining or splicing of electrical conductors is required; nor to persons, firms or

corporations, copartnerships and associations regularly employing electricians for the

installation, maintenance, repair, altering and extension of the electric wires,

conductors, electrical machinery, apparatus, or appliances in their own property and/or

property occupied by them; nor to the installation, maintenance or repair of elevators;

nor to any work involved in the manufacture, test or repair of electrical machinery,

apparatus, materials and equipment or to its assembly, installation and wiring, when

such assembly, installation and wiring are done by a person, firm or corporation

engaged in electrical manufacturing as their principal business; nor to the work in

connection with the erection, construction, maintenance or repair of lines for the

transmission of electricity from the source of supply to the service connection of the

premises where used; nor to the public service companies or municipal plants

authorized to generate or sell electricity or to the work of such companies installing,

maintaining and repairing on the consumer's premises of service connections, meters

and other apparatus and appliances remaining the property of such companies after

installation or to emergency repairs of wiring and appliances on consumers' premises

necessary for the protection of life or property; nor to the work of companies

incorporated for the transmission of intelligence by electricity in installing, maintaining or

repairing wires, apparatus or fixtures or other appliances.

Nothing herein contained, however, shall be construed so as to prohibit or prevent any

person from installing, altering or extending the electric wires, conductors, apparatus,

fixtures, machinery, appliances or appurtenances in his own property.

ORD. 71

§ 148-1214. Penalties for offenses.

Any person who shall violate any provision of this chapter shall be guilty of a

misdemeanor and upon conviction thereof shall be subject to a fine of not more than

$250 or to imprisonment for not more than 15 days or to both such fine and

imprisonment, and each day on which such violation continues shall constitute a

separate offense. In addition to the penalty imposed, the license of the person violating

the same may be revoked.

Section 2. This ordinance shall take effect immediately.

Approved as to form, July 31, 2019,

____________________________________

James A. Caruso, Esq., Corporation Counsel

TO: City Council and Mayor Patrick Madden

FROM: Mara Drogan, City Clerk

DATE: August 2, 2019

RE: Proposed Revision to City Code, Ch. 148. Electricians

Attached please find proposed revisions to Chapter 148 of the City Code. The Electrical License

Board (Doug Wilkie, Paul Heroux, and John Finelli) has reviewed and approved these revisions.

The most significant changes are:

1) §148-2. Officially reducing the size of the board from 7 members to 3. It has not had 7

members in many years.

2) §148-2. Raising the annual fee for board members and the administrator by $100 and $200

respectively. Fees were last changed in 1990.

3) §148-6. Raising fees for A licenses from $100 to $150 and B licenses from $200 to $300.

Fees were last changed in 1994 and 1996, respectively.

Provided the number of licenses issued remains consistent with the past 4 years, I have

projected increased revenue as follows:

2015-2017

Average

2018

Actual

2020

Projection

Electrical License

$22,175.00

$23,850.00

$34,950.00

Electrical "B" License

$6,600.00

$9,000.00

$12,000.00

Exam Fee*

$2,566.67

$1,500.00

$2,000.00

Late Fee**

$1250.00

TOTALS

$31,341.67

$34,350.00

$50,200.00

*We do not propose to raise exam fee but the number of applicants increased in 2019 due

to posting exam dates in City Hall and on social media.

**Late fees were not tracked separately in the past but were folded into Electrical License

category.

For comparison:

Municipality

Class A

Class B

Albany

$300

$400

Schenectady

$300

Although the Class A license is still below that of neighboring cities, the Board felt that

increasing more than $50 at one time could have a negative impact on the number of

electricians choosing to renew their licenses. We recommend revising the fees on a more

regular basis.

4) §148-8 through 148-10. Adding B license process to Code.

5) The remaining changes better reflect current practice and reorganized the chapter to make it

more logical.

ORD. 72

ORDINANCE AMENDING THE TROY CITY CODE, CHAPTER 228, PLUMBERS

The City of Troy, convened in City Council, ordains as follows:

Section 1. Chapter 228 of the Troy City Code is amended as follows:

Chapter 228. Plumbing

[HISTORY: Adopted by the City Council of the City of Troy 7-6-1978 (Ch. 23 of the 1973

Code); amended 12-7-1995. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 141.

Property maintenance — See Ch. 176.

§ 228-1. Definitions.

For the purposes of this chapter, the following definitions shall apply:

BOARD or BOARD OF EXAMINERS

The Examining Board of Plumbers provided for in this chapter.

MASTER PLUMBER

A person who holds a Class A license issued in accordance with the provisions

of this chapter.

PERSON

A natural person.

§ 228-72. Board of Examiners.

[Added 10-3-2013 by Ord. No. 63]

There is hereby created a board to be known as the Examining Board of Plumbers

which shall consist of three members as follows:

(1)

Three master plumbers with at least 10 years' experience in the City of Troy, primarily

engaged in the plumbing field.and employing one or more journeyman plumbers.

Each member shall be appointed by the Mayor to serve a term of three years, unless

sooner removed by the Mayor. Any appointed member may be removed by the Mayor

for malfeasance in office, incapacity, or neglect of duty.

The administrator of the Board shall be the City Clerk.

As of January 1, 2020, each member of the Board shall receive a fee of $600 per year

and the administrator shall receive a fee of $1,200 per year. Each member of the

Examining Board who is qualified to hold a Class A license shall be entitled to receive

such license and/or renewals thereof without paying a fee.

ORD. 72

The Examining Board of Plumbers shall elect its own chair. A majority of the

membership of the Board shall constitute a quorum to transact the business of the

Board. The Board shall meet at the call of the Chair, who shall call a meeting whenever

they or a majority of the Board shall consider such meeting desirable for the proper and

efficient conduct of the business of the Board.

The Examining Board of Plumbers as already constituted is authorized and empowered

to conduct the necessary examinations and to issue Class A licenses in conformity with,

and to carry into effect, the provisions of this chapter.

§ 228-13. Certificate of competency License required for plumbers.

No person shall perform any plumbing or draining work in the City without having first

obtained from the Examining Board of Plumbers of the City a certificate of competency

unless such person is the holder of Class A license as provided for in this chapter, to

conduct such trade or calling or is working for a company that employs a plumber who

holds a Class A license as provided for in this chapter.

Every company performing plumbing work in the City of Troy must employ a licensed

master plumber.

Nothing herein contained shall be construed so as to prohibit or prevent any person

from installing, altering, or extending the plumbing, apparatus, fixtures, machinery,

appliances or appurtenances in his/her own property.

§ 228-2. Authority to issue certificates.

The Examining Board of Plumbers as already constituted is authorized and empowered

to conduct the necessary examinations and to issue, in a proper case, a certificate of

competency in conformity with, and to carry into effect, the provisions of this chapter.

§ 228-4. Application for Class A license.

Any person desiring to procure a Class A license as provided for in this chapter shall

make application for such license to the City Clerk using the form provided and

submitting such documentation as shall be required by the Board.

The City Clerk shall within 5 days after the receipt of an application for a Class A license

deliver such application to the Board of Examiners, who shall assess the application to

determine the fitness of the applicant to take the written examination.

The Board shall examine applicants for licenses to determine the qualifications and

fitness of the applicants to receive Class A licenses to engage in business as master

plumbers. The nature of the examinations conducted under this chapter shall be

ORD. 72

determined by the Board. The Board and the administrator shall adopt such written

rules and regulations as they may deem necessary for such examinations.

Applicants must earn a minimum grade of 75% to pass the exam. An applicant who has

failed in his first examination shall not be entitled to another examination until after 90

days from the date of such failure; an applicant who has failed twice or more shall not

be entitled to any additional examination until after six months from the date of the last

preceding failure.

§ 228-5. Issuance of Class A license.

Upon notification by the Board of Examiners that the applicant has passed the

examination and that the applicant has met all the requirements of the Board to receive

a Class A license, the City Clerk shall issue the license to engage in the business as

provided for in § 228-3. All Class A licenses shall be numbered in the order in which

they are issued and each license shall state the class of license, the name and address

of the holder, and the expiration date of the license.

§ 228-36. Fees.

At the time of examination, approved applicants shall pay a non-refundable exam fee of

$100.

Every application for a certificate of competency shall be accompanied by a fee of $5,

and any person passing such examination shall receive a certificate of competency

upon the payment of an additional fee of $50.

Upon passing the exam, a Class A license shall be issued for a fee of $150 and shall

expire at the end of the calendar year in which it was issued.

All certificates of registration issued thereunder and all certificates of competency shall

expire on the 31st day of December of the year in which they shall have been issued

and may be renewed upon the payment of $100 for such certificate of registration and

$2 for such certificate of competency. A late filing fee of $250 will be applied to any

certificate of registration that is not renewed in the year in which such certificate was

issued.

[Amended 2-3-2011 by Ord. No. 4]

For each subsequent renewal of a Class A license, a fee of $150 shall be paid.

Payment of the fee and charges above specified shall be made to the secretary of the

Examining Board of Plumbers and shall be by him/her paid over to the Treasurer of the

City not later than the fifth day of the month following the receipt of such fees and

charges.

All fees shall be paid to the City Clerk and shall be subsequently paid by the City Clerk

to the Treasurer of the City.

ORD. 72

§ 228-4. Exception.

Nothing herein contained shall be construed to require a certificate of competency to be

held by a journeyman plumber employed by a person, firm or corporation possessing a

certificate of competency issued by the Examining Board of Plumbers of the City.

§ 228-7. Expiration and renewal of Class A license.

Each Class A license shall expire at the end of the calendar year in which it was issued,

consistent with § 228-7 herein. Each Class A license shall be renewed, without further

examination, if the complete application for renewal and appropriate renewal fee are

received by the City Clerk on or before December 15 of each calendar year. A

completed renewal application shall include either proof of workers’

compensation/disability insurance (NYS Form C-105.2) or proof of exemption (NYS

Form CE-200).

The City Clerk shall accept the filing of all late applications received after December 15,

provided the late application is received by the City Clerk within nine months of the filing

deadline. The applicant must pay the annual filing fee plus a late filing fee of $250 upon

submission of the late renewal application. Upon receipt of the late renewal application

and all fees, the City Clerk shall issue the renewal license.

Renewal applications received after nine months of the filing deadline shall be required

to retake the licensing examination.

§ 228-8. License not transferable.

No license granted under this chapter shall be transferable, and no license shall be

used for the interests of any unlicensed plumber, except as provided for in §228-3.

§ 228-9. Revocation of license.

Upon presentation to the Board of Examiners of charges that the holder of any license

has willfully violated any of the provisions of any ordinances of the City or is

incompetent to comply with such provisions, the Board of Examiners shall fix a time and

place for a meeting to consider such charges and shall notify the holder of the license to

be present at such meeting. Such notification shall be in writing and shall be delivered

to the holder at least five days in advance of the meeting.

If upon a hearing of the Board of Examiners of all evidence offered it shall be decided

by the Board of Examiners that such holder of a license has willfully violated any of the

provisions of any such ordinance, or by continued violation has proven his

incompetency to comply with any of the provisions of any such ordinance, then the

Board of Examiners shall revoke the license of such holder. When a license has been

ORD. 72

revoked, a new license shall not be granted to the same person, until a period of at least

90 days has elapsed after such revocation.

§ 228-510. Penalties for offenses.

Any person violating any of the provisions of this chapter shall be guilty of a

misdemeanor.

§ 228-6. Not applicable to property owner.

Nothing herein contained shall be construed so as to prohibit or prevent any person

from installing, altering, or extending the plumbing, apparatus, fixtures, machinery,

appliances or appurtenances in his/her own property.

§ 228-7. Board of Examiners.

[Added 10-3-2013 by Ord. No. 63]

There is hereby created a board to be known as the Examining Board of Plumbers

which shall consist of three members as follows:

(1)

Three master plumbers with 10 years' experience in the City and employing one or

more journeyman plumbers.

The present existing Examining Board of Plumbers and all members thereof is hereby

terminated and such present members shall continue only until the appointment of new

members by the Mayor as prescribed by this chapter. With the expiration of the term for

which each member shall have been appointed, the Mayor shall fill the vacancy by

appointment of a person with the same qualifications as the member of office who is

terminated for a term of three years, unless sooner removed by the Mayor. Any

appointed member may be removed by the Mayor for malfeasance in office, incapacity

or neglect of duty. Each member of the Examining Board shall receive a fee of $500 a

year and the Secretary shall receive a fee of $1,000 a year. Each member of the

Examining Board who is qualified to hold a Class A license shall be entitled to receive

such license and/or renewals thereof without paying a fee.

The Examining Board of Plumbers shall elect its own chair. The secretary shall be the

City Clerk or the designee of the City Clerk. A majority of the membership of the Board

shall constitute a quorum to transact the business of the Board. The Board shall meet at

least quarterly on the 15th day of January, the 15th day of April, the 15th day of July,

and the 15th day of October, and shall hold special meetings at the call of the Chair,

who shall call a special meeting whenever he/she or a majority of the Board shall

consider such meeting desirable for the proper and efficient conduct of the business of

the Board. The Board shall examine applicants for licenses to determine the

qualifications and fitness of the applicants to receive licenses to engage in business as

master plumbers. The nature of the examinations conducted under this chapter shall be

ORD. 72

determined by the Board, and the Board shall adopt such rules and regulations as it

may deem necessary for such examinations. An applicant who has failed in his first

examination shall not be entitled to another examination until after 90 days from the

date of such failure; an applicant who has failed twice or more shall not be entitled to

any additional examination until after six months from the date of the last preceding

failure. Final action on any application shall be taken by the Examining Board of

Plumbers within three months after the receipt of the application by the City Clerk.

Section 2. This ordinance shall take effect immediately.

Approved as to form, August 1, 2019,

____________________________________

James A. Caruso, Esq., Corporation Counsel

ORD72

TO: City Council and Mayor Patrick Madden

FROM: Mara Drogan, City Clerk

DATE: August 2, 2019

RE: Proposed Revision to City Code, Ch. 228. Plumbing

Attached please find proposed revisions to Chapter 228 of the City Code. The Plumbers Board

(Matt McElligott, Gary Mulligan, and Tim Strife) has reviewed and approved these revisions.

The most significant changes are:

1) The process for issuing and renewing A licenses was added.

2) §228-2. Raising the annual fee for board members and the administrator by $100 and

$200 respectively. Fees were last changed in 1993.

3) §228-6. Raising fee for A licenses from $102 to $150. Fee was last changed in 1995.

Provided the number of licenses issued remains consistent with the past 4 years, I have

projected increased revenue as follows:

2015-2017

Average

2018

Actual

2020

Projection

Exam Fee

$466.67

$10.00

$300.00

Late Fee*

$250.00

Plumber's License

$4,692.00

$4,792.00

$7,650.00

Totals

$5,158.67

$4,802.00

$8,200.00

*Late fees were not tracked separately in the past but were folded into Plumber’s

License category.

For comparison:

Municipality

Class

Albany

$300

Schenectady

$200

Although the Class A license is still below that of neighboring cities, increasing more

than $50 at one time could have a negative impact on the number of plumbers choosing

to renew their licenses. We recommend revising the fees on a more regular basis.

4) The remaining changes better reflect current practice and reorganized the chapter to

make it more logical.

ORD73

THE PLASTIC FREE HUDSON RIVER ORDINANCE

TO AMEND THE TROY CITY CODE, CHAPTER §189

The City of Troy, in City Council, convened, ordains as follows:

Section 189 of the Code of the City of Troy is hereby amended to provide and read:

§189-0 Legislative Intent

Polystyrene products, plastic straws, and plastic bags have caused and continue to cause

significant environmental harm and have burdened local governments with significant

environmental cleanup costs as well as waste costs.

Plastics and other materials synthesized from petroleum and natural gas do not biodegrade. Even

with the emergence of bioplastics, which are derived from renewable biomass sources, such as

plants and microorganisms, there is no certified type of bioplastic that biodegrades in a marine

environment.

The purpose of this Ordinance is to eliminate the use of polystyrene foam food serviceware, to

reduce the use of plastic straws, and to support New York State’s ban on plastic bags, while

working to decrease the overall waste stream by opting in to the five-cent fee on paper bags

provided for under section 27-2805 of the state environmental conservation law.

§189-1 Definitions

A. COVERED STORE shall mean an establishment engaged in the retail sale of personal,

consumer, household items including but not limited to: drug stores, pharmacies, grocery

stores, supermarkets, convenience stores, foodmarts, gas stations, hardware and home

improvement stores, stationary and office supply stores and food service establishments

that provide carryout bags to consumers. Covered stores also include all apparel,

clothing and shoe stores, including those in malls;

B. CUSTOMER shall mean any person obtaining goods from a covered store;

C. RETAIL SALES shall mean the transfer to a customer of goods in exchange for

payment occurring in retail stores, sidewalk sale, farmers’ markets, flea markets and

restaurants. The term “retail sales” does not include sales of goods at yard sales, tag

sales, or other sales by residents at their homes;

D. FOOD SERVICE ESTABLISHMENT shall mean a place where prepared food is

provided for individual portion service directly to a customer whether consumption

occurs on or off the premises;

E. SINGLE USE FOOD SERVICE WARE all bowls, plates, cartons, cups, and other

containers, trays, or items intended for single use or in which any food service

establishment places and/or packages food or provides to customers to do so, or any of

which is to be used by customers to consume food. This includes, but is not limited to,

service ware used for takeout or leftovers from partially consumed meals prepared for

consumption at a specific location;

ORD73

F. POLYSTYRENE FOAM shall mean any blown polystyrene, expanded, or extruded

foams (commonly referred to as Styrofoam) which are thermoplastic petrochemical

materials utilizing a styrene monomer and processed by a number of techniques including

but not limited to: fusion of polymer spheres (expandable bead polystyrene), injection

molding, form molding, and extrusion blow molding (extruded from polystyrene). It shall

also include clear or solid polystyrene, known as “oriented polystyrene”;

G. PAPER CARRYOUT BAG shall mean a paper bag, other than an exempt bag, that is

provided to a customer by a person required to collect tax to be used by the customer to

carry tangible personal property, regardless of whether such person required to collect tax

sells any tangible personal property or service to the customer, and regardless of whether

any tangible personal property or service sold is exempt from tax under article 28 of the

tax law.

H. RECYCLABLE PAPER BAG shall mean a paper bag that (1) contains no old growth

fiber; (2) is one hundred percent (100%) recyclable overall and contains a minimum of

fifty percent (50%) post-consumer recycled content;

I. PERSON REQUIRED TO COLLECT TAX shall mean any vendor of tangible

personal property subject to the tax imposed by subdivision (a) of section 1105 of the tax

law.

J. SINGLE-USE PLASTIC STRAW, a single-use, disposable tube made predominantly

of plastic derived from either petroleum or biologically based polymer, such as corn or

other plant sources, used to transfer a beverage from a container to the mouth of the

person drinking the beverage. “Single-use plastic straw” shall not include a straw made

from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood,

or bamboo, or a straw expressly marketed as and intended for reuse;

§189-2 Polystyrene Foam Single-use Service Ware.

A. Food service establishments including franchises are prohibited from using single-use

food service ware made of polystyrene foam.

B. Food service establishments with two or less locations may apply with the City of Troy

for a one-year non-renewable exemption to the prohibition on using single-use food

service ware made of polystyrene foam.

C. The retail sales of single-use food service ware made of polystyrene foam by covered

stores including franchises is prohibited.

D. Covered stores with two or less locations may apply with the City of Troy for a one-year

non-renewable exemption to the prohibition of the retail sales of single-use food service

ware made of polystyrene foam.

E. Food service establishments and covered stores may use or sell their existing inventory of

polystyrene foam single-use service ware until the effective date of this act or one year

thereafter for those who have received a waiver.

F. The City of Troy will provide those food establishments and covered stores that receive a

one-year nonrenewable waiver with signage disclosing that waiver, which must be

displayed in a public location.

§189-3 Plastic Straws.

A. Food Service Establishments shall only provide plastic straws upon request to customers.

ORD73

B. The City of Troy shall issue guidance and educational materials to Food Service

Establishments on signage with respect to communicating to customers that they can ask

for plastic straws where such establishments provide them upon request.

§189-4 Paper carryout bag reduction fee.

A. On and after March 1, 2020, there shall be a paper carryout bag reduction fee of five

cents imposed on each paper carryout bag provided by any person required to collect tax

from a customer.

B. Any sales slip, invoice, receipt or other statement of price furnished by a person required

to collect tax to a customer shall separately state and make payable the paper carryout

bag reduction fee and shall state the number of paper carryout bags provided to the

customer.

C. Pursuant to paragraph (c) of subdivision 1 of section 27-2805 of the environmental

conservation law, the transfer of a paper carryout bag to a customer by a person required

to collect tax shall not constitute a retail sale and the fee imposed on paper carryout bags

pursuant to this section shall not constitute a receipt for the sale of tangible personal

property.

D. Pursuant to subdivision 4 of section 27-2805 of the environmental conservation law, the

paper carryout bag reduction fee shall be reported and paid by a person required to collect

tax to the New York state commissioner of taxation and finance, accompanied by a return

in the form and containing the information prescribed by such commissioner, on a

quarterly basis on or before the twentieth day of the month following each quarterly

period ending on the last day of February, May, August and November, respectively.

E. Exemptions.

a. Pursuant to subdivision 3 of section 27-2805 of the environmental conservation

law, the paper carryout bag reduction fee imposed pursuant to section 189-3 shall

not apply to any customer using the supplemental nutrition assistance program,

special supplemental nutrition program for women, infants and children, or any

successor programs used as full or partial payment for the items purchased.

b. Pursuant to subparagraph (1) of paragraph (b) of subdivision 6 of section 27-2805

of the environmental conservation law, the exemptions provided for in section

1116 of the tax law, other than the exemptions in paragraphs (1), (2) and (3) of

subdivision (a) of such section, shall not apply to the paper carryout bag reduction

fee imposed pursuant to this section.

F. A person required to collect a tax shall only provide a recyclable paper bag in the transfer

of a paper carryout bag.

§189

-5 Penalties. Any Food Service Establishment or Covered Store found to be in violation of

the provisions of this Chapter, with the exemption of §189-3 for which the penalties are outlined

under section 27-2807 of the state environmental conservation law and are enforced by the New

York State Department of Agriculture and Markets and Attorney General, shall be liable for a

civil penalty. Such a penalty will be imposed upon the findings of an investigation by the City of

Troy following notice of a potential violation. Such a penalty will be payable to the City of Troy

pursuant to the following penalty structure:

A. Any Covered Store or Food Service Establishment found to be in violation of the

provisions of this law a first time shall be issued a written warning.

ORD73

B. Any Covered Store or Food Service Establishment found to be in violation of the

provisions of this law a second time shall be liable for a civil penalty not to exceed

$100.00.

C. Any Covered Store or Food Service Establishment found to be in violation of the

provisions of this law a third time shall be liable for a civil penalty not to exceed $250.00.

D. Any Covered Store or Food Service Establishment found to be in violation of the

provisions of this law a fourth time shall be liable for a civil penalty not to exceed

$500.00.

E. For each subsequent violation, daily fines of $100.00 shall be instituted and applied for

violations of this Ordinance until compliance is achieved.

F. All fines collected for violations of the Ordinance shall be used to offset any costs of

compliance and oversight of adherence to this Ordinance or to address the costs to the

City associated with waste removal and recycling.

§189-6 Reverse Preemption. This Chapter shall be null and void on the day that a county or

statewide law is in effect, incorporating either the same or substantially similar provisions as are

contained in this Ordinance or in the event that a relevant county, state or federal administrative

agency issues and promulgates regulations preempting such action by the City of Troy. The Troy

City Council shall determine by resolution whether or not the identical or substantially similar

county or statewide law or relevant pre-emptive county, state or federal regulations have been

enacted for the purposes of triggering the provisions of this section.

§189-7 Within five days of the enactment of this Ordinance, the General Services Commissioner

shall mail a certified copy of this Ordinance by registered or certified mail to the New York State

Commissioner of Taxation and Finance and file a certified copy of this Ordinance with the New

York State Tax Commission, the City Clerk, the Secretary of State and the New York State

Comptroller pursuant to subdivisions (d) and (e) of section 1210 of the tax law.

§189-8 This Ordinance takes effect on March 1, 2020, except that the City of Troy and its

employees may take such measures as are necessary for its implementation prior to such

effective date.

Approved as to form August 7, 2019

_________________________________________

JAMES A. CARUSO, ESQ. Corporation Counsel

Sponsor’s Memo: Plastic Free Hudson River Act

David Bissember, Troy City Council, District 5

Legislative Intent:

Polystyrene products, plastic straws, and plastic bags have caused and continue to cause significant

environmental harm and have burdened local governments with significant environmental cleanup costs

as well as waste costs.

Plastics and other materials synthesized from petroleum and natural gas do not biodegrade. Even with the

emergence of bioplastics, which are derived from renewable biomass sources, such as plants and

microorganisms, there is no certified type of bioplastic that biodegrades in a marine environment.

The purpose of this local law is to eliminate the use of polystyrene foam food serviceware, to reduce the

use of plastic straws, and to support New York State’s ban on plastic bags, while working to decrease the

overall waste stream by opting in to the five-cent fee on paper bags provided for under section 27-2805 of

the state environmental conservation law.

Description:

The specific provisions of the Plastic Free Hudson River Act include:

Polystyrene Foam Single-Use Serviceware Ban:

- Prohibits the sale of single-use polystyrene foam food service ware and its use by food service

establishments and covered stores.

- This provision does not preclude the sale or use of recyclable plastic or paper food service ware

which are comparable in price.

- The bill also allows for food service establishments and covered stores with two or less locations

to apply with the City of Troy for a one-year non-renewable exemption to this provision.

- The City of Troy will provide those food establishments and covered stores that receive a one-

year nonrenewable waiver with signage disclosing that waiver.

Plastic Straws Upon Request Only:

- Requires that plastic straws at food service establishments to be “upon request” by customers and

establishes that the City of Troy will provide guidance on signage for stores to let customers

know they may ask for straws.

- Language was developed in concert with and agreed on by members of the Independent Living

Center that use straws as assistive devices, per the recommendation of the Disability Rights

Advocates.

- There would be no additional costs to establishments, and this provision may result in some

savings as establishment may use less straws. Once more, it does not require establishments to

use any alternative straw materials or replace their plastic straws should they have them.

- In addition, the New York State Department of Environmental Conservation provides grants

(with a 50% reimbursement rate) under the Municipal Waste Reduction and Recycling program

that includes costs related to publications, education and outreach tools, advertising, and

promotional items.

Paper Bag Carryout Fee

- This provision opts in to a 5-cent fee on paper bags under the New York State law which bans

carry-out plastic bags beginning in March of 2020.

- Paper bags also have an environmental impact and this fee is meant to discourage simply shifting

from plastic to paper bags and to move towards the further use of reusable bags.

- Further requires that stores provide recyclable paper bags which have less environmental impact

and cost to municipalities.

- Per the underlying state law, sixty percent of the fee goes back into New York State’s

Environmental Protection Fund for related programs, and forty percent stays with the City of

Troy for the specific purpose of providing reusable bags to the community.

- Residents who rely on food assistance programs like WIC and SNAP will be exempt from the

fee.

Res. 50

RESOLUTION DETERMINING THAT PROPOSED TYPE I ACTION SHALL HAVE

NO SIGNIFICANT ADVERSE IMPACTS ON THE ENVIRONMENT

WHEREAS, the City Council of the City of Troy, New York (the “City”) is considering

undertaking the lease of the Scolite Parcel located on Madison Street, East of the Hudson River

and South of the Poestenkill; and

WHEREAS, pursuant to the New York State Environmental Quality Review Act (the

“SEQR Act”) and the regulations adopted pursuant thereto by the Department of Environmental

Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the

“Regulations”), the City desires to comply with the SEQR Act and the Regulations with respect

to the Project;

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY

COUNCIL OF THE CITY OF TROY, NEW YORK AS FOLLOWS:

1. The lease constitutes an “Unlisted Action” under 6 NYCRR § 617

2. A Long Environmental Assessment form has been completed and reviewed and it

is the determination of the City Council that the action will have no significant adverse impacts

on the environment.

The foregoing Resolution was thereupon declared duly adopted.

Approved as to form, August 1, 2019.

___________________________________

James A. Caruso, Corporation Counsel

Page 1 of 10

Full Environmental Assessment Form

Part 2 - Identification of Potential Project Impacts

Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could

be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental

professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that

can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the

most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the

lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.

If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding

with this assessment.

Tips for completing Part 2:

• Review all of the information provided in Part 1.

• Review any application, maps, supporting materials and the Full EAF Workbook.

• Answer each of the 18 questions in Part 2.

• If you answer “Yes” to a numbered question, please complete all the questions that follow in that section.

• If you answer “No” to a numbered question, move on to the next numbered question.

• Check appropriate column to indicate the anticipated size of the impact.

• Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency

checking the box “Moderate to large impact may occur.”

• The reviewer is not expected to be an expert in environmental analysis.

• If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general

question and consult the workbook.

• When answering a question consider all components of the proposed activity, that is, the Awhole action@.

• Consider the possibility for long-term and cumulative impacts as well as direct impacts.

• Answer the question in a reasonable manner considering the scale and context of the project.

1. Impact on Land

Proposed action may involve construction on, or physical alteration of,  NO  YES

the land surface of the proposed site. (See Part 1. D.1)

If “Yes”, answer questions a - j. If “No”, move on to Section 2.

Relevant

Part I

Question(s)

, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed act

ion may involve construction on land where depth to water table is

less than 3 feet.

E2d

b. The propose

d action may involve construction on slopes of 15% or greater.

E2f

c. The proposed act

ion may involve construction on land where bedrock is exposed, or

generally within 5 feet of existing ground surface.

E2a

d. The propose

d action may involve the excavation and removal of more than 1,000 tons

of natural material.

D2a

e. The proposed act

ion may involve construction that continues for more than one year

or in multiple phases.

D1e

f. The proposed action may result in in

creased erosion, whether from physical

disturbance or vegetation removal (including from treatment by herbicides).

D2e, D2q

g. The proposed action is, or

may be, located within a Coastal Erosion hazard area.

B1i

h. Other imp

acts: _______________________________________________________

___________________________________________________________________

Agency Use Only [If applicable]

Project :

Date :

FEAF 2019

✔

Page 2 of 10

2. Impact on Geological Features

The proposed action may result in the modification or destruction of, or inhibit

access to, any unique or unusual land forms on the site (e.g., cliffs, dunes,  NO  YES

minerals, fossils, caves). (See Part 1. E.2.g)

If “Yes”, answer questions a - c. If “No”, move on to Section 3.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. Identif

y the specific land form(s) attached: ________________________________

___________________________________________________________________

E2g

9 9

b. The p

roposed action may affect or is adjacent to a geological feature listed as a

registered National Natural Landmark.

Specific feature: _____________________________________________________

E3c

c. Oth

er impacts: ______________________________________________________

___________________________________________________________________

3. Impacts on Surface Water

The proposed action may affect one or more wetlands or other surface water  NO  YES

bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)

If “Yes”, answer questions a - l. If “No”, move on to Section 4.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action may create a new water body.

D2b, D1h

b. Th

e proposed action may result in an increase or decrease of over 10% or more than a

10 acre increase or decrease in the surface area of any body of water.

D2b

c. The p

roposed action may involve dredging more than 100 cubic yards of material

from a wetland or water body.

D2a

d. Th

e proposed action may involve construction within or adjoining a freshwater or

tidal wetland, or in the bed or banks of any other water body.

E2h

e. The

proposed action may create turbidity in a waterbody, either from upland erosion,

runoff or by disturbing bottom sediments.

D2a, D2h

f. The pr

oposed action may include construction of one or more intake(s) for withdrawal

of water from surface water.

D2c

g. The p

roposed action may include construction of one or more outfall(s) for discharge

of wastewater to surface water(s).

D2d

h. The p

roposed action may cause soil erosion, or otherwise create a source of

stormwater discharge that may lead to siltation or other degradation of receiving

water bodies.

D2e

i. The proposed

action may affect the water quality of any water bodies within or

downstream of the site of the proposed action.

E2h

j. Th

e proposed action may involve the application of pesticides or herbicides in or

around any water body.

D2q, E2h

k. The proposed action may require the construction of new, or expansion of existing,

wastewater treatment facilities.

D1a, D2d

✔

Page 3 of 10

l. Other imp

acts: _______________________________________________________

___________________________________________________________________

4. Impact on groundwater

The proposed action may result in new or additional use of ground water, or  NO  YES

may have the potential to introduce contaminants to ground water or an aquifer.

(See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)

If “Yes”, answer questions a - h. If “No”, move on to Section 5.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The propose

d action may require new water supply wells, or create additional demand

on supplies from existing water supply wells.

D2c

b. Water supply demand from the propose

d action may exceed safe and sustainable

withdrawal capacity rate of the local supply or aquifer.

Cite Source: ________________________________________________________

D2c

c. The proposed action may allow or result in residential uses in areas without water and

sewer services.

D1a, D2c

d. The proposed

action may include or require wastewater discharged to groundwater.

D2d, E2l

9 9

e. The prop

osed action may result in the construction of water supply wells in locations

where groundwater is, or is suspected to be, contaminated.

D2c, E1f,

E1g, E1h

f. The pro

posed action may require the bulk storage of petroleum or chemical products

over ground water or an aquifer.

D2p, E2l

g. The proposed

action may involve the commercial application of pesticides within 100

feet of potable drinking water or irrigation sources.

E2h, D2q,

E2l, D2c

h. Other imp

acts: ______________________________________________________

__________________________________________________________________

5. Impact on Flooding

The proposed action may result in development on lands subject to flooding.  NO  YES

(See Part 1. E.2)

If “Yes”, answer questions a - g. If “No”, move on to Section 6.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The propose

d action may result in development in a designated floodway.

E2i

b. The proposed action

may result in development within a 100 year floodplain.

E2j

c. The prop

osed action may result in development within a 500 year floodplain.

E2k

d. The prop

osed action may result in, or require, modification of existing drainage

patterns.

D2b, D2e

e. The propose

d action may change flood water flows that contribute to flooding.

D2b, E2i,

E2j, E2k

If there is a dam located on the site of the proposed action, is the dam in need of repair,

or upgrade?

E1e

✔

Page 4 of 10

g. Other impacts: ______________________________________________________

___________________________________________________________________

6. Impacts on Air

 NO  YES The proposed action may include a state regulated air emission source.

(See Part 1. D.2.f., D.2.h, D.2.g)

If “Yes”, answer questions a - f. If “No”, move on to Section 7.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. If the proposed action requires federal or state air emission perm

its, the action may

also emit one or more greenhouse gases at or above the following levels:

i. More than 1000 tons/year of carbon dioxide (CO

)

ii. More than 3.5 tons/year of nitrous oxide (N

iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)

iv. More than .045 tons/year of sulfur hexafluoride (SF

)

v. More than 1000 tons/year of carbon dioxide equivalent of

hydrochloroflourocarbons (HFCs) emissions

vi. 43 tons/year or more of methane

D2g

D2h

b. The proposed action ma

y generate 10 tons/year or more of any one designated

hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous

air pollutants.

D2g

c. The proposed action may require a state air registration, or may produce an emissions

rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat

source capable of producing more than 10 million BTU=s per hour.

D2f, D2g

The proposed action may reach 50% of any of the thresholds in “a” through “c”,

above.

D2g

e. The proposed acti

on may result in the combustion or thermal treatment of more than 1

ton of refuse per hour.

D2s

f. Other impacts: __

____________________________________________________

__________________________________________________________________

7. Impact on Plants and Animals

The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.)  NO  YES

If “Yes”, answer questions a - j. If “No”, move on to Section 8.

Relevant

Part I

Question(s)

No, or

sma

impact

may occur

Moderate

to large

impact may

occur

a. The proposed act

ion may cause reduction in population or loss of individuals of any

threatened or endangered species, as listed by New York State or the Federal

government, that use the site, or are found on, over, or near the site.

E2o

b. The proposed acti

on may result in a reduction or degradation of any habitat used by

any rare, threatened or endangered species, as listed by New York State or the federal

government.

E2o

c. The proposed acti

on may cause reduction in population, or loss of individuals, of any

species of special concern or conservation need, as listed by New York State or the

Federal government, that use the site, or are found on, over, or near the site.

E2p

d. The proposed acti

on may result in a reduction or degradation of any habitat used by

any species of special concern and conservation need, as listed by New York State or

the Federal government.

E2p

✔

Page 5 of 10

e. The

proposed action may diminish the capacity of a registered National Natural

Landmark to support the biological community it was established to protect.

E3c

f. The

proposed action may result in the removal of, or ground disturbance in, any

portion of a designated significant natural community.

Source: ____________________________________________________________

E2n

g. The proposed action may substantially interfere with nesting/breeding, foraging, or

over-wintering habitat for the predominant species that occupy or use the project site.

E2m

h. Th

e proposed action requires the conversion of more than 10 acres of forest,

grassland or any other regionally or locally important habitat.

Habitat type & information source: ______________________________________

__________________________________________________________________

E1b

i. Pro

posed action (commercial, industrial or recreational projects, only) involves use of

herbicides or pesticides.

D2q

j. O

ther impacts: ______________________________________________________

__________________________________________________________________

8. Impact on Agricultural Resources

The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.)  NO  YES

If “Yes”, answer questions a - h. If “No”, move on to Section 9.

Relevan

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action may impact soil classified within soil group 1 through 4 of the

NYS Land Classification System.

E2c, E3b

9 9

b. The propose

d action may sever, cross or otherwise limit access to agricultural land

(includes cropland, hayfields, pasture, vineyard, orchard, etc).

E1a, Elb

c. The

proposed action may result in the excavation or compaction of the soil profile of

active agricultural land.

E3b

d. The p

roposed action may irreversibly convert agricultural land to non-agricultural

uses, either more than 2.5 acres if located in an Agricultural District, or more than 10

acres if not within an Agricultural District.

E1b, E3a

e. The p

roposed action may disrupt or prevent installation of an agricultural land

management system.

El a, E1b

f. The propo

sed action may result, directly or indirectly, in increased development

potential or pressure on farmland.

C2c, C3,

D2c, D2d

g. The p

roposed project is not consistent with the adopted municipal Farmland

Protection Plan.

C2c

h. O

ther impacts: ________________________________________________________

✔

Page 6 of 10

9. Impact on Aesthetic Resources

The land use of the proposed action are obviously different from, or are in  NO  YES

sharp contrast to, current land use patterns between the proposed project and

a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.)

If “Yes”, answer questions a - g. If “No”, go to Section 10.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. Prop

osed action may be visible from any officially designated federal, state, or local

scenic or aesthetic resource.

E3h

b. The propo

sed action may result in the obstruction, elimination or significant

screening of one or more officially designated scenic views.

E3h, C2b

c. The propose

d action may be visible from publicly accessible vantage points:

i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)

ii. Year round

E3h

d. The sit

uation or activity in which viewers are engaged while viewing the proposed

action is:

i. Routine travel by residents, including travel to and from work

ii. Recreational or tourism based activities

E3h

E2q,

E1c

e. The pr

oposed action may cause a diminishment of the public enjoyment and

appreciation of the designated aesthetic resource.

E3h

f. There ar

e similar projects visible within the following distance of the proposed

project:

0-1/2 mile

½ -3 mile

3-5 mile

5+ mile

D1a, E1a,

D1f, D1g

g. Oth

er impacts: ______________________________________________________

__________________________________________________________________

10. Impact on Historic and Archeological Resources

The proposed action may occur in or adjacent to a historic or archaeological  NO  YES

resource. (Part 1. E.3.e, f. and g.)

If “Yes”, answer questions a - e. If “No”, go to Section 11.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

E3e

b. The pro

posed action may occur wholly or partially within, or substantially contiguous

to, an area designated as sensitive for archaeological sites on the NY State Historic

Preservation Office (SHPO) archaeological site inventory.

E3f

c. The pr

oposed action may occur wholly or partially within, or substantially contiguous

to, an archaeological site not included on the NY SHPO inventory.

Source: ____________________________________________________________

E3g

a. The proposed action may occur wholly or partially within, or substantially contiguous

to, any buildings,

archaeological site or district which is listed on the National or

State Register of Historical Places, or that has been determined by the Commissioner

of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for

listing on the State Register of Historic Places.

✔

Page 7 of 10

d. Other im

pacts: ______________________________________________________

__________________________________________________________________

If any of the above (a-d) are answered “Moderate to large impact may

occur”, continue with

the following questions to

hel

p support conclusions in Part 3:

i. The proposed action may result in the destruction or alteration of all or part

of the site or property.

ii. The proposed action may result in the alteration of the property’s setting or

integrity.

iii. The proposed action may result in the introduction of visual elements which

are out of character with the site or property, or may alter its setting.

E3e, E3g,

E3f

E3e, E3f,

E3g, E1a,

E1b

E3e, E3f,

E3g, E3h,

C2, C

11. Impact on Open Space and Recreation

The proposed action may result in a loss of recreational opportunities or a  NO  YES

reduction of an open space resource as designated in any adopted

municipal open space plan.

(See Part 1. C.2.c, E.1.c., E.2.q.)

If “Yes”, answer questions a - e. If “No”, go to Section 12.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed

action may result in an impairment of natural functions, or “ecosystem

services”, provided by an undeveloped area, including but not limited to stormwater

storage, nutrient cycling, wildlife habitat.

D2e, E1b

E2h,

E2m, E2o,

E2n, E2p

b. The proposed action m

ay result in the loss of a current or future recreational resource.

C2a, E1c,

C2c, E2q

c. The proposed action ma

y eliminate open space or recreational resource in an area

with few such resources.

C2a, C2c

E1c, E2q

d. The proposed action m

ay result in loss of an area now used informally by the

community as an open space resource.

C2c, E1c

e. Other imp

acts: _____________________________________________________

_________________________________________________________________

12. Impact on Critical Environmental Areas

The proposed action may be located within or adjacent to a critical  NO  YES

environmental area (CEA). (See Part 1. E.3.d)

If “Yes”, answer questions a - c. If “No”, go to Section 13.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The propo

sed action may result in a reduction in the quantity of the resource or

characteristic which was the basis for designation of the CEA.

E3d

b. The proposed action m

ay result in a reduction in the quality of the resource or

characteristic which was the basis for designation of the CEA.

E3d

c. Other impa

cts: ______________________________________________________

__________________________________________________________________

✔

Page 8 of 10

13. Impact on Transportation

The proposed action may result in a change to existing transportation systems.  NO  YES

(See Part 1. D.2.j)

If “Yes”, answer questions a - f. If “No”, go to Section 14.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. Projected traffic increase may exceed capacity of existing road network.

D2j

b. The prop

osed action may result in the construction of paved parking area for 500 or

more vehicles.

D2j

c. The proposed action will degrad

e existing transit access.

D2j

d. The proposed action will degrad

e existing pedestrian or bicycle accommodations.

D2j

The proposed action may alter the present pattern of movement of people or goods.

D2j

f. Other impacts: ______________________________________________________

__________________________________________________________________

14. Impact on Energy

The proposed action may cause an increase in the use of any form of energy.  NO  YES

(See Part 1. D.2.k)

If “Yes”, answer questions a - e. If “No”, go to Section 15.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action will require a new, or an upgrade to an existing, substation. D2k

9 9

b. The proposed action will require the creation or extension of an energy transmission

or supply system to serve more than 50 single or two-family residences or to serve a

commercial or industrial use.

D1f,

D1q, D2k

9 9

c. The prop

osed action may utilize more than 2,500 MWhrs per year of electricity.

D2k

d. The proposed

action may involve heating and/or cooling of more than 100,000 square

feet of building area when completed.

D1g

e. Other Impacts: ________________________________________________________

____________________________________________________________________

15. Impact on Noise, Odor, and Light

The proposed action may result in an increase in noise, odors, or outdoor lighting.  NO  YES

(See Part 1. D.2.m., n., and o.)

If “Yes”, answer questions a - f. If “No”, go to Section 16.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action may produce sound above noise levels established by local

regulation.

D2m

b. The proposed action

may result in blasting within 1,500 feet of any residence,

hospital, school, licensed day care center, or nursing home.

D2m, E1d

c. The proposed action may result in routine odors for more than one hour per day. D2o

✔

Page 9 of 10

d. The proposed

action may result in light shining onto adjoining properties.

D2n

e. The pro

posed action may result in lighting creating sky-glow brighter than existing

area conditions.

D2n, E1a

f. Othe

r impacts: ______________________________________________________

__________________________________________________________________

16. Impact on Human Health

The proposed action may have an impact on human health from exposure  NO  YES

to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.)

If “Yes”, answer questions a - m. If “No”, go to Section 17.

Relevant

Part I

Question(s)

No,or

small

impact

may cccur

Moderate

to large

impact may

occur

a. The proposed action is located within 1500 feet of a school, hospital, licensed day

care center, group home, nursing home or retirement community.

E1d

9 9

b. The site

of the proposed action is currently undergoing remediation.

E1g, E1h

c. There is a completed

emergency spill remediation, or a completed environmental site

remediation on, or adjacent to, the site of the proposed action.

E1g, E1h

The site of the action is subject to an institutional control limiting the use of the

property (e.g., easement or

deed restriction).

E1g, E1h

e. The proposed action may affect institutional cont

rol measures that were put in place

to ensure that the site remains protective of the environment and human health.

E1g, E1h

f. The proposed action

has adequate control measures in place to ensure that future

generation, treatment and/or disposal of hazardous wastes will be protective of the

environment and human health.

D2t

g. The pro

posed action involves construction or modification of a solid waste

management facility.

D2q, E1f

h. The proposed action ma

y result in the unearthing of solid or hazardous waste.

D2q, E1f

i. The proposed action m

ay result in an increase in the rate of disposal, or processing, of

solid waste.

D2r, D2s

j. The pro

posed action may result in excavation or other disturbance within 2000 feet of

a site used for the disposal of solid or hazardous waste.

E1f, E1g

E1h

k. The proposed

action may result in the migration of explosive gases from a landfill

site to adjacent off site structures.

E1f, E1g

l. The proposed action m

ay result in the release of contaminated leachate from the

project site.

D2s, E1f,

D2r

m. Other im

pacts: ______________________________________________________

__________________________________________________________________

✔

Page 10 of 10

17. Consistency with Community Plans

The proposed action is not consistent with adopted land use plans.  NO  YES

(See Part 1. C.1, C.2. and C.3.)

If “Yes”, answer questions a - h. If “No”, go to Section 18.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action’s land use components may be different from, or in sharp

contrast to, current surrounding land use pattern(s).

C2, C3, D1a

E1a, E1b

b. The proposed action will cause the permanent population of the city, town or village

in which the project is located to grow by more than 5%.

c. The proposed action is inconsistent with local land use plans or zoning regulations.

C2, C2, C3

d. The proposed action is inconsistent with any County plans, or other regional land use

plans.

C2, C2

e. The proposed action may cause a change in the density of development that is not

supported by existing infrastructure or is distant from existing infrastructure.

C3, D1c,

D1d, D1f,

D1d, Elb

f. The proposed action is located in an area characterized by low density development

that will require new or expanded public infrastructure.

C4, D2c, D2d

D2j

g. The proposed action may induce secondary development impacts (e.g., residential or

commercial development not included in the proposed action)

C2a

9 9

h. Other: _____________________________________________________________

__________________________________________________________________

18. Consistency with Community Character

The proposed project is inconsistent with the existing community character.  NO  YES

(See Part 1. C.2, C.3, D.2, E.3)

If “Yes”, answer questions a - g. If “No”, proceed to Part 3.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action may replace or eliminate existing facilities, structures, or areas

of historic importance to the community.

E3e, E3f, E3g

b. The proposed action may create a demand for additional community services (e.g.

schools, police and fire)

c. The proposed action may displace affordable or low-income housing in an area where

there is a shortage of such housing.

C2, C3, D1f

D1g, E1a

d. The proposed action may interfere with the use or enjoyment of officially recognized

or designated public resources.

C2, E3

e. The proposed action is inconsistent with the predominant architectural scale and

character.

C2, C3

f. Proposed action is inconsistent with the character of the existing natural landscape.

C2, C3

E1a, E1b

E2g, E2h

g. Other impacts: ______________________________________________________

__________________________________________________________________

✔

PRINT FULL FORM

RES. 56

RESOLUTION DETERMINING THAT PROPOSED UNLISTED ACTION SHALL

HAVE NO SIGNIFICANT ADVERSE IMPACTS ON THE ENVIRONMENT

WHEREAS, the City Council of the City of Troy, New York (the “City”) is considering

undertaking the lease of the Scolite Parcel located on Madison Street, East of the Hudson River

and South of the Poestenkill; and

WHEREAS, pursuant to the New York State Environmental Quality Review Act (the

“SEQR Act”) and the regulations adopted pursuant thereto by the Department of Environmental

Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the

“Regulations”), the City desires to comply with the SEQR Act and the Regulations with respect

to the Project;

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY

COUNCIL OF THE CITY OF TROY, NEW YORK AS FOLLOWS:

1. The lease constitutes an “Unlisted Action” under 6 NYCRR § 617

2. A Long Environmental Assessment form has been completed and reviewed and it

is the determination of the City Council that the action will have no significant adverse impacts

on the environment.

The foregoing Resolution was thereupon declared duly adopted.

Approved as to form, August 1, 2019.

___________________________________

James A. Caruso, Esq., Corporation Counsel

RES56

Memo in Support – Scolite – Commercial Real Estate Short Term Lease

On April 5, 2019 the City of Troy issued an RFP for a Commercial Real Estate Short Term Lease for the

parcel known as the “Scolite” site. The intent of this transaction was to provide a temporary use to the

site while the future planning of the waterfront continues which includes the Industrial Park Roadway

and redevelopment north and south of the canal. There were two responses to the RFP. One from Tri-

City Shipping, LLC and another that expressed interest in purchasing the site in the future if it became

available.

This site was remediated through a grant program with NYSDEC and the building demolished through

funding provided by National Grid. As part of the conditions of the NYS DEC grant funding, any financial

benefit derived from the site must be used to offset the cost of the funding provided by NYSDEC for the

remediation. The temporary 4-5 year lease of this site will help offset future costs to the city upon

decision to sell or lease the land in the future.

The principals of Tri-City Shipping, LLC are current business and land owners in the City of Troy. The

work that will be done at this facility is already occurring just north of the canal. The benefit of this

project is the ability to relocate this activity to the south within an existing Industrial/manufacturing

zone and provide future opportunity for the parcels north of the canal to be considered for

redevelopment. This lease also outlines a specific truck traffic route for commercial traffic coming into

the city and traffic leaving the site. The lease also takes into consideration the future Industrial Park

Road construction and setbacks associated with that work. In addition, improvements to Madison Street

from 1

to the Madison Fishing Pier will be made to facilitate better pedestrian and bicycle access.

Tri-City Shipping, LLC will be required to submit their project to the Planning Commission and the Zoning

Board which will allow for public comments on their plans. This lease agreement is contingent upon

their receipt of all required governmental approvals including NYS DEC and City of Troy. The site is

regulated through a Site Management Plan issued as a result of the remediation that has taken place.

LEASE AGREEMENT

LEASE AGREEMENT made this ___ day of July, 2019, between The City of Troy, located at 433

River Street, Troy, New York 12180, hereinafter referred to as the "Lessor", and Tri-City Shipping, LLC,

and/or assigns, with a principal place of business located at 1 Madison Street – Suite 300, Troy, New York

12180, hereinafter referred to as the "Lessee".

W I T N E S S E T H:

ARTICLE 1

LEASED PREMISES

1.1 Description of Leased Premises. Lessor hereby leases to the Lessee and the Lessee hereby

takes and leases from the Lessor the following property, hereinafter referred to as the "Leased Premises": the

Former Scolite Site, 2 Madison Street, Troy, New York. See the Site Location Map of the Former Scolite

Site produced by NMB Land Surveying, PLLC, attached hereto and made a part hereof as Exhibit “A”.

1.2. A metes and bounds description of the subject Leased Premises is contained in Schedule A,

attached to and made a part of, the Environmental Easement, dated June 12

, 2018, and filed in the Office

of the Rensselaer County Clerk on June 20, 2018, as set forth in Exhibit “B”, attached hereto and made a

part hereof. This Lease and the Leased Premises are subject to that Environmental Easement.

1.3 The boundaries of the subject Leased Premises, as indicated in the Post-Remedial Survey

produced by NMB Land Surveying, PLLC, dated April 2, 2018, cannot be completely relied upon as set-

backs are required on the northern border of the property (adjacent to the Poestenkill), as determined by the

requirements for the operation of the site by the New York State Department of Environmental

Conservation, hereinafter referred to as “NYSDEC”, and, on the eastern border, a set-back of at least 60 feet

is required for the construction of the South Troy Industrial Park Road.

1.4 This Lease Agreement specifically incorporates the terms of the Site Management Plan

(Scolite Site), dated January, 2019, a copy of which is attached hereto and made a part hereof as Exhibit “C”.

Those terms must be adhered to by the Lessee.

ARTICLE 2

TERM OF LEASE

2.1 Commencement of Term. The effective date of this Lease and the date the Tenant shall be

obligated to commence payment of rent, hereinafter referred to as the "COMMENCEMENT DATE", shall

be effective upon Lessee and Lessor obtaining any and all government approvals required to permit Lessee’s

use as set forth in Paragraph 5.1 below. After the commencement of the Lease, both parties agree that if any

additional government approvals should be required, both parties shall use reasonable effort to acquire said

approvals. During said time period, the rights and obligations of the Lessor and Lessee shall temporarily be

suspended and the time tolled and added to the term of the Lease.

2.2 Initial Term of Lease. The initial term of this Lease shall be four (4) years from the

commencement date as described above.

2.3 Option to Extend Lease. The initial term of the Lease may be extended by mutual assent of

the parties hereto for one (1) additional year. Such option to extend shall be exercised by the Lessee giving

written notice to the Lessor not less than three (3) months prior to the expiration of the Initial Term.

ARTICLE 3

FIXED RENT

3.1 Fixed Rent During Initial Term. The fixed minimum annual rent payable by Tenant during

the initial term of this Lease shall be Seventy-Two Thousand and 00/100 ($72,000.00) dollars, payable in

two (2) equal payments per year of Thirty-Six Thousand and 00/100 ($36,000.00) dollars, paid six (6)

months in advance, at the office of the Lessor or at such other place designated by Lessor for the term of four

(4) years and any extension thereof.

3.2 Payment of Fixed Rent.

a. All monies payable to the Lessor shall be paid by the Lessee in lawful monies of the

United States of America, which shall be legal tender in payment of all debts and dues, public or private, at

the time of payment.

b. If Lessee shall fail to pay, within ten (10) days of when the same is due and payable,

such unpaid amounts shall bear interest from the due date thereof to the date of payment, at the prime

interest rate of the Bank of America or its successors, as of such due date, plus two (2%) percent.

ARTICLE 4

RENT TO BE GROSS TO LESSOR

4. Rent To Be Gross. The rent payable hereunder shall be gross to the Lessor during the term

of this Lease and any extended term, as provided herein, and it is the intention of the parties that all utilities,

whatsoever with respect to the Leased Premises shall be paid by the Lessee except real property taxes, if any,

which shall be paid by Lessor.

ARTICLE 5

USE

5.1 Use of Premises. The Lessee may occupy and use the Leased Premises for the purpose of

conducting a multi-modal aggregate transshipping facility subject to receiving any necessary State and

Federal permits, as well as the following city approvals at Lessee’s expense:

(a) A Use Variance from the Troy Zoning Board of Appeals to operate an aggregate transshipping

facility, and any Area Variances which may be necessary based upon the submitted site plan. The City of

Troy will act as a co-applicant on the Use Variance request.

(b) Planning Commission Site Plan Review, to include installation of sstriping on the existing asphalt

Right-of-Way for the use as a bike path with regular restriping as necessary and the installation of a bicycle

rack at the Madison Street Pier at Lessee’s expense.

Occupancy upon completion.

5.2 Lessee shall occupy the Leased Premises on the Commencement Date and shall conduct continuously

in the Leased Premises the business stated above.

5.3 Express Contingencies.

(a) Authorizing Legislation. The undertaking of the Lease by the Lessor shall be and is subject to

the adoption of the Authorizing Legislation and a Closing Date, as defined herein, and shall not occur until

on or after the effective date thereof. The Lessor represents that upon its obtaining any and all authorizing

legislation, that it has the authority and power to enter into this Lease.

(b) Ludlow Parcel. The parties hereto acknowledge and agree that there exists a certain

landlocked parcel of real property located within the northwest corner of the Property (the “Ludlow

Parcel”, being more particularly identified as that certain parcel excepted within a Deed to Scolite

International Corp. recorded in Book 1301 of Deeds at Page 182 in the Office of the Rensselaer County

Clerk that, upon information and belief, is owned by Ludlow Valve Corp and/or its successors or assigns

(“Ludlow”). The parties hereto recognize that the Lessor does not own this landlocked parcel and that

the same is not part of the instant Lease Agreement at the present time

ARTICLE 6

LESSEE’S OBLIGATIONS

6.1 Lessee's Obligations. The Lessee, throughout the term of this Lease and during any extended

terms, at its own cost and expense, shall take good care of and maintain in good order and repair the Leased

Premises and shall make all required repairs. The Lessee shall maintain all portions of the Leased Premises

in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstructions.

6.2 At the expiration of the tenancy hereby created, Lessee shall surrender the Leased

Premises, in a safe and secure condition conforming with the Site Management Plan in force at that time,

reasonable wear and tear excepted, and damage by unavoidable casualty excepted. Lessee shall also

surrender the Leased Premises with any improvements made thereto. Lessee shall remove all of its trade

fixtures before surrendering the premises as aforesaid and shall repair any damage to the Leased

Premises caused thereby. Lessee’s obligation to observe and perform this covenant shall survive the

expiration or other termination of the term of this Lease.

ARTICLE 7

ALTERATIONS AND IMPROVEMENTS

7. Alterations and Improvements to be Obligations of Lessee. The Lessee may, at any time at its

own cost, make any alteration, rebuilding, replacement, change, addition, and improvement in and to the

Leased Premises, subject to the following conditions:

a. Any and all alterations and/or improvements must conform to the approved Site

Management Plan, as well as any and all other requirements of the Lessor.

b. Such work shall be performed in a first class workmanlike manner, and shall not

weaken or impair the structural strength or lessen the value of said premises.

c. No contract or agreement for labor, services, materials, or supplies in connection with

any alterations, rebuilding, replacement, change, addition, or improvement shall permit any lien or claim to

be created or arise, or be filed by anyone thereunder upon or against the Leased Premises, or the buildings or

improvements thereon.

d. Lessee will be responsible for routine maintenance of site improvements on non-

leased land or public space, undertaken by Lessee as approved by Planning Commission Site Plan Review

ARTICLE 8

CONDITION OF LEASED PREMISES

8. Lessor's Obligation. The Leased Premises are leased in an “as is” condition.

ARTICLE 9

COVENANT AGAINST LIENS

9. Lessee's Covenant Against Liens. If, because of any act or omission of the Lessee, any

mechanic's lien or other lien, charge or order for the payment of money shall be filed against the Lessor or

any portion of the Leased Premises, the Lessee shall, at its own cost and expense, cause the same to be

discharged of record or bonded within thirty (30) days after the filing thereof and the Lessee shall indemnify

and hold harmless the Lessor against and from all costs, liabilities, suits, penalties, claims and demands,

including reasonable counsel fees, resulting therefrom.

ARTICLE 10

INSURANCE

10.1 Insurance Coverage to be Maintained by Lessee. During the term of this Lease, the Lessee

shall, at its own expense and without contribution from the Lessor, procure and maintain insurance as below

set forth:

a. Commercial General Liability and contractual liability on an occurrence basis with bodily

injury, property damage and personal liability in the amount of One Million and 00/100 ($1,000,000.00)

dollars for each occurrence and Two Million and 00/100 ($2,000,000.00) dollars general aggregate.

10.2 Payment of Insurance Premiums. Lessee shall pay all premiums and charges for all of

such policies, and if Lessee shall fail to make any such payment when due, or carry any such policy, Lessor,

at its option, after thirty (30) days written notice to Lessee, may, but shall not be obligated to, make such

payment or carry such policy, and the amounts paid by Lessor shall become due and payable by Lessee, as

additional rent, with the next succeeding installment of fixed rent which shall become due after such

payment of fixed rent which shall become due after such payment by Lessor; but payment by Lessor of any

such premiums or the carrying by Lessor of any such policy shall not be deemed to waive or release the

default of Lessee with respect thereto, or the right of Lessor to take such action as may be permissible

hereunder as in the case of default.

10.3 Form of Policies. All policies of insurance required to be maintained by the Lessee, and

all certificates issued therefor, shall name the Lessee and the Lessor as the insured as their respective

interests may appear. All such policies shall be payable to the Lessor notwithstanding any act or negligence

of the Lessee which might otherwise result in forfeiture of such insurance. All such policies shall, to the

extent obtainable, contain an agreement by the insurers that such policies shall not be cancelled without at

least thirty (30) days prior written notice to the Lessor.

10.4 Indemnification of Lessor. Lessee will indemnify Lessor and save it harmless from and

against any and all claims, actions, damages, liability and expense in connection with loss of life, personal

injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased Premises, or

the occupancy or use by Lessee of the Leased Premises or any part thereof, or occasioned wholly or in part

by the default under this Lease or any act, omission of Lessee, its agents, contractors, employees, servants,

lessees, or concessionaires, licenses or invitees. In case Lessor shall, without fault on its part, be made a

party to any litigation commenced by or against Lessee then Lessee shall protect and hold Lessor harmless

and Lessee shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by

Lessor in enforcing the covenants and agreements in this Lease.

10.5 Workers’ Compensation Insurance as required by law and including employer’s

liability insurance. Statutory disability benefits insurance as may be required by law.

10.6 Comprehensive Automobile Liability coverage on owned, hired, leased, or Non-

owned autos with limits not less than One Million and 00/100 ($1,000,000.00) dollars combined for each

accident because of bodily injury, sickness, or disease, sustained by any person, caused by accident, and

arising out of the ownership, maintenance or use of any automobile, for damage because of injury to or

destruction of property, including the loss of use thereof, caused by accident and arising out of the

ownership, maintenance or use of any automobile.

10.7 Commercial umbrella coverage of Five Million and 00/100 ($5,000,000.00) dollars.

10.8 Lessee, prior to entering on the Premises, shall deliver to Lessor each policy, or a

certificate of the policy, together with the evidence of payment of premiums for all policies of insurance

required to be maintained by Lessee pursuant to the terms of this Lease. The policies or duly executed

certificates for the same (which certificates shall evidence the insurer's waivers of subrogation), together

with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Lessor on or

before the commencement of the Lease, and upon renewal of any such policy, not less than thirty (30) days

prior to the expiration of the term of such coverage. The insurance policies shall be automatically renewed

upon expiration and continued in force unless the Corporation Counsel of the City of Troy is given sixty (60)

days written notice to the contrary. Each policy shall be issued as a primary policy not contributing with and

not in excess of coverage of any insurance which Lessor may carry. The policies shall name Lessor or any

person, firm or corporation designated by Lessor and the Lessee as insured, and shall contain a clause that

the insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written

notice the City of Troy Corporation Counsel’s office. The insurance herein required shall be with a

reputable, first-class, national insurance company admitted and qualified to do business in New York with a

current rating of at least A:VIII as shown in Best’s Key Rating Guide and Lessee shall keep Lessor provided

at all times with a copy of the policy or certificates of insurance then in effect.

ARTICLE 11

ESTOPPEL STATEMENT, ATTORNMENT, SUBORDINATION

11.1 Estoppel Statement. Within ten (10) days after request therefore by Lessor, or in the event

that upon any sale, assignment or hypothecation of the Leased Premises and/or the land thereunder by

Lessor, an off-set statement shall be required from Lessee in which Lessee agrees to deliver in recordable

form a certificate to any proposed mortgagee or purchaser, or to Lessor, certifying (if such be the case) that

(a) this Lease is in full force and effect and has not been modified, supplemented or amended in any way; (b)

the Leased Premises have not been without Lessor's consent sublet in whole or in part, and this Lease has not

been assigned in whole or in part; (c) Lessee has accepted possession of the Leased Premises and is presently

in occupancy of the Leased Premises; (d) Lessee has paid to Lessor all rent and additional rent due and

payable under this Lease through the date of the certification, and no rent under this Lease has been paid

more than one month in advance; (e) there exist no defense to, or rights of offset against, enforcement of this

Lease by Lessor; and (f) to Lessee's knowledge, neither Lessor nor Lessee is in default under this Lease or in

breach of its obligations hereunder.

11.2 Attornment. Lessee shall, in the event any proceedings are brought for the foreclosure of, or

in the event of exercise of the power of sale under any mortgage made by the Lessor covering the Lease

Premises, attorn to the mortgagee in the event of strict foreclosure or to the purchase upon any such

foreclosure or sale and recognize such mortgagee or (as the case may be) purchase as the Lessor under this

Lease.

11.3 Subordination. Upon request of the Lessor, Lessee will subordinate its rights hereunder to the

lien of any mortgage now or hereafter place upon the land of which the Leased Premises are a part, and to all

advance made or hereafter to be made upon the security thereof. The word "mortgage" as used herein

includes mortgage, deeds of trust or similar instruments and modifications, consolidations, extensions,

renewals, replacements of substitute or substitutes thereof.

ARTICLE 12

DAMAGES OR DESTRUCTION

12. Lessor's and Lessee's Rights to Terminate Lease. Notwithstanding anything to the contrary

contained in this Lease, if the Leased Premises are completely destroyed or so damaged by fire or other

casualty covered by insurance as to render it unfit for use and repair, or restoration is not economically

feasible, either the Lessor or Lessee may terminate this Lease on notice of at least ten (10) days and no more

than thirty (30) days. Such notice shall be given within sixty (60) days after the date of such damage or

destruction. If the Lease shall so terminate, all basic and additional rent shall be apportioned to the date of

termination and all insurance proceeds shall belong to the Lessor. If the Lease is not so terminated and the

proceeds of insurance are not sufficient to pay the full cost of repair or restoration due to the deductible of

the Lessee on its insurance policy, the Lessee shall pay the amount of its deductible as a deficiency. If the

Lease is not so terminated and the insurance proceeds exceed such cost, the excess shall be paid to the

Lessee.

ARTICLE 13

CONDITIONAL LIMITATIONS - DEFAULT

13.1 Events of Default. This Lease and the lease term are subject to the limitation that if, at any

time during the Lease term, any one or more of the following events (herein called an "event of default")

shall occur:

a. If Lessee shall make an assignment for the benefit of creditors; or

b. If any petition shall be filed against Lessee in any court, whether or not pursuant to

any statute of the United States or of any state, in any bankruptcy, reorganization, under any bankruptcy

statute, composition, extension, arrangement or insolvency proceedings, and the Lessee shall thereafter be

adjudicated bankrupt, or if any such petition shall be so filed by Lessee (for the purposes of this section,

"Lessee" shall be the Lessee herein or a sublessee of the Lessee or any person holding by, through or under

the Lessee); or Lessee shall fail to have some dismissal within sixty (60) days of filing;

c. If Lessee shall be adjudicated insolvent; or

d. If Lessee shall fail to pay any item of additional rent required to be paid by Lessee

hereunder, and such failure shall continue for thirty (30) days after receipt by Lessee of the notice thereof

from Lessor to Lessee; or

e. If Lessee shall fail to pay any installment of fixed rent or additional rent provided for

herein, or any part thereof, and such default is not cured within thirty (30) days after written notice thereof

given by the Lessor.

f. If Lessee shall fail to perform or observe any other requirements of this Lease on the

part of the Lessee to be performed or observed including, but not limited to, the established truck route, the

Site Management Plan, or the right-of-way setbacks, and such failure shall continue for thirty (30) days after

notice thereof from Lessor to Lessee specifying the nature of the default, or if the default be of such nature

that it cannot be cured in thirty day (30) days, and if the Lessee shall not have commenced curing such

default within such thirty day (30) day period and thereafter proceed diligently to cure such default, THEN,

upon the expiration of such notice after happening of any one or more of the aforementioned events of

default, and the expiration of the period of time prescribed in any aforesaid notice, Lessor shall have the

right, then or at any time thereafter, to give Lessee not less than ten (10) days written notice of Lessor's

intention to terminate this Lease on a date specified in such notice, and upon the date specified in such notice

this Lease and the demised term shall expire and terminate.

13.2 Surrender of Leased Premises on Termination for Default. Upon any such termination of this

Lease, Lessee shall peaceably and quietly yield and surrender to Lessor the Leased Premises and Lessor may

enter upon the Leased Premises, and repossess and enjoy the same as if this Lease had not been made, and in

any such event, neither Lessee nor any person claiming through or under Lessee by virtue of any statute or of

an order of any court shall be entitled to possession or to remain in possession of said premises.

ARTICLE 14

ACCESS TO PREMISES/RIGHT TO PERFORM OBLIGATIONS

14. Right of Lessor and Lessee to Perform Obligations of the Others. If either party shall default

in the performance of any term or covenant which is that party's obligation to perform or to be performed

under or by virtue of the provisions of this Lease, then the other party may perform same on account of the

party in default and if the curing party makes any expenditures or incurs any obligation for the payment in

connection therewith, such sums shall be paid by the Lessee to the Lessor within thirty (30) days of rendition

of any bill to Lessee therefor, or if the Lessee is the curing party, deducted from the next rent payable

hereunder.

ARTICLE 15

SIGNS

15. Signs. Lessor hereby gives to Lessee permission to install and maintain a sign or

signs affixed to the premises or freestanding, as the case may be, all as permitted by local zoning ordinances,

rules and regulations, and of a dimension, material content, location, and design as Lessee shall determine as

applicable to its business affairs. Lessor agrees to cooperate with Lessee with respect to any hearing

applications Lessee may deem advisable and necessary in order to conduct its business affairs.

ARTICLE 16

DESIGNATED TRUCK ROUTE

16. Lessee, affiliated companies, suppliers, and/or subcontractors, must use the approved

designated Truck Route, as detailed in Exhibit “D”, annexed hereto and made a part hereof. Failure to use

established Truck Route may result in the revocation of this Lease Agreement.

ARTICLE 17

BROKER

17. Broker. Lessor and Lessee hereby agree that no broker brought about this transaction

and that Lessor hereby agrees to indemnify Lessee from any and all claims with respect to the alleged broker

services, including the costs of attorneys’ fees in such defense.

ARTICLE 18

CONTINGENCY

18. Contingency. This lease and all of Lessee's obligations hereunder are contingent upon

Lessee's obtaining any and all required government approvals to permit the use as set forth in Paragraph 5.1,

supra.

ARTICLE 19

QUIET ENJOYMENT

19. Quiet Enjoyment. If the Lessee pays the rent and additional rent it is obligated hereunder

to pay, and observes all other terms, covenants and conditions hereof, it shall occupy and enjoy the use of the

Leased Premises during the initial term and any extended term of this Lease, without any hindrance,

molestation, or ejection by the Lessor, its successors or assigns, subject to the Lessor’s construction projects

that affect said Lease Premises.

ARTICLE 20

END OF TERM

20. Surrender of Leased Premises. The Lessee covenants to peaceably and quietly quit and

surrender the Leased Premises on the last day of the term of this Lease or the last day of any extended term.

The Lessee shall then surrender the Leased Premises free of sub-tenancies and free of garbage, refuse, or

debris. All non-permanent structures removable pursuant to the provisions of this paragraph shall be

removed by the Lessee on or before the last day of the term of this Lease or the last day of any extended term

and all property not so removed shall be deemed abandoned by the Lessee.

ARTICLE 21

NOTICES AND COMMUNICATIONS

21. Notices and Communications. Any notice, exercise of option or election, communication,

request, or other document or demand required or desired to be given to the Lessor or the Lessee shall be

given by Certified or Registered Mail, Return Receipt Requested, addressed:

If to Lessor: Deputy Mayor

City of Troy New York

433 River Street

Troy, New York 12180

Copy to: Office of Corporation Counsel

City of Troy/City Hall

433 River Street; Suite 5001

Troy, New York 12180

If to Lessee: Tri-City Shipping, LLC

1 Madison Street – Suite 300

Troy, New York 12180

Copy to: Zappone Attorneys, PLLC

Joseph W. Zappone, Esq.

621 Columbia Street Ext. – Suite 500

Cohoes, New York 12047

Either party may, from time to time, change the address at which such written notices, exercises of

options or elections, communications, requests, or other documents or demands are to be mailed, by giving

the other party written notice of such changed address. The date of mailing shall be deemed to be the date of

the giving of the notice or of the communication or of the exercise of the option, as the case may be.

ARTICLE 22

CERTIFICATES OF FULL FORCE AND EFFECT

22.1 Certificates of Full Force and Effect. Lessee and Lessor agree at any time and from time to

time, upon not less than ten (10) days prior request by the other party, to execute, acknowledge and deliver to

the requesting party a statement in writing certifying that this Lease is unmodified and is in full force and

effect (or, if there have been modifications, that the same is in full force and effect as modified and stating

the modifications) or any other existing status of the Lease, and the dates to which the rent and other charges

have been paid in advance, if any; it being intended that any such statement delivered pursuant to this Article

may be relied upon by any prospective purchaser of the Leased Premises.

22.2 Lessor agrees at any time and from time to time, upon not less than ten (10) days prior request

by Lessee, to execute, acknowledge and deliver to Lessee a statement in writing certifying that this Lease is

unmodified and is in full force and effect (or if there have been modifications that the same is in full force

and effect as modified and stating the modifications) or any other existing status of the Lease, and the dates

to which the rent and other charges have been paid in advance, if any.

ARTICLE 23

UNAVOIDABLE DELAYS

23. Unavoidable Delays. The time for the performance by Lessor or Lessee of any term,

condition or covenant of this Lease shall be deemed extended by time lost due to delays resulting from acts

of God, strikes, civil riots, floods, material or later restrictions by governmental authority and any other

cause not within the control of the Lessor or Lessee, as the case may be.

ARTICLE 24

CONSTRUCTION AND INTERPRETATION OF THIS LEASE

24.1 Modification. No change, modification, or cancellation of this Lease shall be effective except

by an instrument in writing signed by the parties.

24.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties

and contains all the agreements, conditions, representations, and warranties made by the parties. No

representations, other than those herein expressly contained, have been made by either party to the other.

24.3 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit

of the parties hereto and their respective heirs, personal representatives, successors and assigns.

24.4 Captions. The captions at the heading of the Articles of this Lease are not a part of the

context and shall not be considered in construing this Lease. They are intended only as aids in locating and

reading the various provisions.

24.5 Counterparts. This Agreement may be executed in two (2) or more counterparts, each

of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

24.6 Declaration of Governing Law. This lease shall be governed by, construed, and enforced

in accordance with the laws of the State of New York.

24.7 Lessor's Remedies are Cumulative. The specified remedies to which the Lessor may

resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other

remedies or means of redress to which the Lessor may be lawfully entitled in case of any breach or

threatened breach by the Lessee of any provision or provisions of this Lease. Any cost, including without

limitation, attorney’s fees, incurred with enforcing the terms of this lease shall be paid for by the Lessee.

24.8 Severability. If any provision of this Lease shall be declared invalid or unenforceable, the

remainder of the Lease shall continue in full force and effect.

24.9 Captions and Sections. The captions, section numbers, article numbers, and index

appearing in the Lease are inserted only as a matter of convenience and in no way define, limit, construe, or

describe the scope or intent of such sections or articles of this Lease, nor in any way affect this Lease.

24.10 Partial Invalidity. If any term, covenant or condition of this Lease or the application

thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this

Lease, or the application of such term, covenant or condition to persons or circumstances other than those as

to which it is held invalid or unenforceable, shall not be affect thereby and each terms, covenant or condition

of this Lease shall be valid and be enforced to the fullest extent permitted by law.

24.11 Transmittal of Lease. This Lease is transmitted for examination only and does not

construe an offer to lease, and this Lease shall become effective only upon the execution and unconditional

delivery thereof by both parties hereto.

ARTICLE 25

LESSOR’S RIGHT OF INSPECTION

25. Lessor retains the right to conduct inspections of the Leased Premises, upon reasonable notice

and at a reasonable time, to ensure compliance with all the conditions as set forth herein, and Lessee agrees

to cooperate with said inspections.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the

respective dates below set forth.

Dated: _______________, 2019 Lessor, The City of Troy, New York

By: ____________________________

Wm. Patrick Madden, Mayor,

Dated: _______________, 2019 Lessee, Tri-City Shipping, LLC

By: ____________________________

Roderick J. Valente, Man. Mem.

RES56

Page 1 of 10

Full Environmental Assessment Form

Part 2 - Identification of Potential Project Impacts

Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could

be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental

professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that

can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the

most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the

lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.

If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding

with this assessment.

Tips for completing Part 2:

• Review all of the information provided in Part 1.

• Review any application, maps, supporting materials and the Full EAF Workbook.

• Answer each of the 18 questions in Part 2.

• If you answer “Yes” to a numbered question, please complete all the questions that follow in that section.

• If you answer “No” to a numbered question, move on to the next numbered question.

• Check appropriate column to indicate the anticipated size of the impact.

• Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency

checking the box “Moderate to large impact may occur.”

• The reviewer is not expected to be an expert in environmental analysis.

• If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general

question and consult the workbook.

• When answering a question consider all components of the proposed activity, that is, the Awhole action@.

• Consider the possibility for long-term and cumulative impacts as well as direct impacts.

• Answer the question in a reasonable manner considering the scale and context of the project.

1. Impact on Land

Proposed action may involve construction on, or physical alteration of,  NO  YES

the land surface of the proposed site. (See Part 1. D.1)

If “Yes”, answer questions a - j. If “No”, move on to Section 2.

Relevant

Part I

Question(s)

No, or

sma

impact

may occur

Moderate

to large

impact may

occur

a. The proposed acti

on may involve construction on land where depth to water table is

less than 3 feet.

E2d

b. The proposed act

ion may involve construction on slopes of 15% or greater.

E2f

c. The proposed acti

on may involve construction on land where bedrock is exposed, or

generally within 5 feet of existing ground surface.

E2a

d. The proposed act

ion may involve the excavation and removal of more than 1,000 tons

of natural material.

D2a

e. The proposed acti

on may involve construction that continues for more than one year

or in multiple phases.

D1e

f. The proposed action may result in increas

ed erosion, whether from physical

disturbance or vegetation removal (including from treatment by herbicides).

D2e, D2q

g. The proposed action is, or

may be, located within a Coastal Erosion hazard area.

B1i

h. Other impacts: _

______________________________________________________

___________________________________________________________________

Agency Use Only [If applicable]

Project :

Date :

FEAF 2019

RES56

✔

Page 2 of 10

2. Impact on Geological Features

The proposed action may result in the modification or destruction of, or inhibit

access to, any unique or unusual land forms on the site (e.g., cliffs, dunes,  NO  YES

minerals, fossils, caves). (See Part 1. E.2.g)

If “Yes”, answer questions a - c. If “No”, move on to Section 3.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. Identify th

e specific land form(s) attached: ________________________________

___________________________________________________________________

E2g

9 9

b. The pr

oposed action may affect or is adjacent to a geological feature listed as a

registered National Natural Landmark.

Specific feature: _____________________________________________________

E3c

c. Othe

r impacts: ______________________________________________________

___________________________________________________________________

3. Impacts on Surface Water

The proposed action may affect one or more wetlands or other surface water  NO  YES

bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)

If “Yes”, answer questions a - l. If “No”, move on to Section 4.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action may create a new water body.

D2b, D1h

b. The propo

sed action may result in an increase or decrease of over 10% or more than a

10 acre increase or decrease in the surface area of any body of water.

D2b

c. The pr

oposed action may involve dredging more than 100 cubic yards of material

from a wetland or water body.

D2a

d. The propo

sed action may involve construction within or adjoining a freshwater or

tidal wetland, or in the bed or banks of any other water body.

E2h

e. The propose

d action may create turbidity in a waterbody, either from upland erosion,

runoff or by disturbing bottom sediments.

D2a, D2h

f. The propo

sed action may include construction of one or more intake(s) for withdrawal

of water from surface water.

D2c

g. The pr

oposed action may include construction of one or more outfall(s) for discharge

of wastewater to surface water(s).

D2d

h. The pr

oposed action may cause soil erosion, or otherwise create a source of

stormwater discharge that may lead to siltation or other degradation of receiving

water bodies.

D2e

i. The proposed action

may affect the water quality of any water bodies within or

downstream of the site of the proposed action.

E2h

j. The pr

oposed action may involve the application of pesticides or herbicides in or

around any water body.

D2q, E2h

k. The proposed action may require the construction of new, or expansion of existing,

wastewater treatment facilities.

D1a, D2d

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✔

Page 3 of 10

l. Other impacts: __

_____________________________________________________

___________________________________________________________________

4. Impact on groundwater

The proposed action may result in new or additional use of ground water, or  NO  YES

may have the potential to introduce contaminants to ground water or an aquifer.

(See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)

If “Yes”, answer questions a - h. If “No”, move on to Section 5.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed

action may require new water supply wells, or create additional demand

on supplies from existing water supply wells.

D2c

b. Water supply demand from the proposed a

ction may exceed safe and sustainable

withdrawal capacity rate of the local supply or aquifer.

Cite Source: ________________________________________________________

D2c

c. The proposed action may allow or result in residential uses in areas without water and

sewer services.

D1a, D2c

d. The proposed action

may include or require wastewater discharged to groundwater.

D2d, E2l

9 9

e. The propo

sed action may result in the construction of water supply wells in locations

where groundwater is, or is suspected to be, contaminated.

D2c, E1f,

E1g, E1h

f. The prop

osed action may require the bulk storage of petroleum or chemical products

over ground water or an aquifer.

D2p, E2l

g. The proposed action

may involve the commercial application of pesticides within 100

feet of potable drinking water or irrigation sources.

E2h, D2q,

E2l, D2c

h. Other impa

cts: ______________________________________________________

__________________________________________________________________

5. Impact on Flooding

The proposed action may result in development on lands subject to flooding.  NO  YES

(See Part 1. E.2)

If “Yes”, answer questions a - g. If “No”, move on to Section 6.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed

action may result in development in a designated floodway.

E2i

b. The proposed action m

ay result in development within a 100 year floodplain.

E2j

c. The propo

sed action may result in development within a 500 year floodplain.

E2k

d. The propo

sed action may result in, or require, modification of existing drainage

patterns.

D2b, D2e

e. The proposed

action may change flood water flows that contribute to flooding.

D2b, E2i,

E2j, E2k

If there is a dam located on the site of the proposed action, is the dam in need of repair,

or upgrade?

E1e

RES56

✔

Page 4 of 10

g. Other impacts: ______________________________________________________

___________________________________________________________________

6. Impacts on Air

 NO  YES The proposed action may include a state regulated air emission source.

(See Part 1. D.2.f., D.2.h, D.2.g)

If “Yes”, answer questions a - f. If “No”, move on to Section 7.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. If the proposed action requires federal or state air emission permits, the action m

also emit one or more greenhouse gases at or above the following levels:

i. More than 1000 tons/year of carbon dioxide (CO

)

ii. More than 3.5 tons/year of nitrous oxide (N

iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)

iv. More than .045 tons/year of sulfur hexafluoride (SF

)

v. More than 1000 tons/year of carbon dioxide equivalent of

hydrochloroflourocarbons (HFCs) emissions

vi. 43 tons/year or more of methane

D2g

D2h

b. The proposed action may g

enerate 10 tons/year or more of any one designated

hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous

air pollutants.

D2g

c. The proposed action may require a state air registration, or may produce an emissions

rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat

source capable of producing more than 10 million BTU=s per hour.

D2f, D2g

The proposed action may reach 50% of any of the thresholds in “a” through “c”,

above.

D2g

e. The proposed actio

n may result in the combustion or thermal treatment of more than 1

ton of refuse per hour.

D2s

f. Other impacts: _____

_________________________________________________

__________________________________________________________________

7. Impact on Plants and Animals

The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.)  NO  YES

If “Yes”, answer questions a - j. If “No”, move on to Section 8.

Relevant

Part I

Question(s)

No, or

small

impa

may occur

Moderate

to large

impact may

occur

a. The proposed acti

on may cause reduction in population or loss of individuals of any

threatened or endangered species, as listed by New York State or the Federal

government, that use the site, or are found on, over, or near the site.

E2o

b. The proposed actio

n may result in a reduction or degradation of any habitat used by

any rare, threatened or endangered species, as listed by New York State or the federal

government.

E2o

c. The proposed actio

n may cause reduction in population, or loss of individuals, of any

species of special concern or conservation need, as listed by New York State or the

Federal government, that use the site, or are found on, over, or near the site.

E2p

d. The proposed actio

n may result in a reduction or degradation of any habitat used by

any species of special concern and conservation need, as listed by New York State or

the Federal government.

E2p

RES56

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Page 5 of 10

e. The pr

oposed action may diminish the capacity of a registered National Natural

Landmark to support the biological community it was established to protect.

E3c

f. The p

roposed action may result in the removal of, or ground disturbance in, any

portion of a designated significant natural community.

Source: ____________________________________________________________

E2n

g. The proposed action may substantially interfere with nesting/breeding, foraging, or

over-wintering habitat for the predominant species that occupy or use the project site.

E2m

h. The pr

oposed action requires the conversion of more than 10 acres of forest,

grassland or any other regionally or locally important habitat.

Habitat type & information source: ______________________________________

__________________________________________________________________

E1b

i. Propose

d action (commercial, industrial or recreational projects, only) involves use of

herbicides or pesticides.

D2q

j. Oth

er impacts: ______________________________________________________

__________________________________________________________________

8. Impact on Agricultural Resources

The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.)  NO  YES

If “Yes”, answer questions a - h. If “No”, move on to Section 9.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action may impact soil classified within soil group 1 through 4 of the

NYS Land Classification System.

E2c, E3b

9 9

b. The proposed action m

ay sever, cross or otherwise limit access to agricultural land

(includes cropland, hayfields, pasture, vineyard, orchard, etc).

E1a, Elb

c. The pr

oposed action may result in the excavation or compaction of the soil profile of

active agricultural land.

E3b

d. The pr

oposed action may irreversibly convert agricultural land to non-agricultural

uses, either more than 2.5 acres if located in an Agricultural District, or more than 10

acres if not within an Agricultural District.

E1b, E3a

e. The pr

oposed action may disrupt or prevent installation of an agricultural land

management system.

El a, E1b

f. The proposed

action may result, directly or indirectly, in increased development

potential or pressure on farmland.

C2c, C3,

D2c, D2d

g. The pr

oposed project is not consistent with the adopted municipal Farmland

Protection Plan.

C2c

h. Oth

er impacts: ________________________________________________________

RES56

✔

Page 6 of 10

9. Impact on Aesthetic Resources

The land use of the proposed action are obviously different from, or are in  NO  YES

sharp contrast to, current land use patterns between the proposed project and

a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.)

If “Yes”, answer questions a - g. If “No”, go to Section 10.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. Propo

sed action may be visible from any officially designated federal, state, or local

scenic or aesthetic resource.

E3h

b. The proposed

action may result in the obstruction, elimination or significant

screening of one or more officially designated scenic views.

E3h, C2b

c. The proposed

action may be visible from publicly accessible vantage points:

i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)

ii. Year round

E3h

d. The situ

ation or activity in which viewers are engaged while viewing the proposed

action is:

i. Routine travel by residents, including travel to and from work

ii. Recreational or tourism based activities

E3h

E2q,

E1c

e. The prop

osed action may cause a diminishment of the public enjoyment and

appreciation of the designated aesthetic resource.

E3h

f. There are si

milar projects visible within the following distance of the proposed

project:

0-1/2 mile

½ -3 mile

3-5 mile

5+ mile

D1a, E1a,

D1f, D1g

g. Othe

r impacts: ______________________________________________________

__________________________________________________________________

10. Impact on Historic and Archeological Resources

The proposed action may occur in or adjacent to a historic or archaeological  NO  YES

resource. (Part 1. E.3.e, f. and g.)

If “Yes”, answer questions a - e. If “No”, go to Section 11.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

E3e

b. The prop

osed action may occur wholly or partially within, or substantially contiguous

to, an area designated as sensitive for archaeological sites on the NY State Historic

Preservation Office (SHPO) archaeological site inventory.

E3f

c. The prop

osed action may occur wholly or partially within, or substantially contiguous

to, an archaeological site not included on the NY SHPO inventory.

Source: ____________________________________________________________

E3g

a. The proposed action may occur wholly or partially within, or substantially contiguous

to, any buildings, archaeological site or district which is listed on the

National or

State Register of Historical Places, or that has been determined by the Commissioner

of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for

listing on the State Register of Historic Places.

RES56

✔

Page 7 of 10

d. Other imp

acts: ______________________________________________________

__________________________________________________________________

If any of the above (a-d) are answered “Moderate to large impact may

occur”, continue with

the following questions to

hel

support conclusions in Part 3:

i. The proposed action may result in the destruction or alteration of all or part

of the site or property.

ii. The proposed action may result in the alteration of the property’s setting or

integrity.

iii. The proposed action may result in the introduction of visual elements which

are out of character with the site or property, or may alter its setting.

E3e, E3g,

E3f

E3e, E3f,

E3g, E1a,

E1b

E3e, E3f,

E3g, E3h,

C2, C3

11. Impact on Open Space and Recreation

The proposed action may result in a loss of recreational opportunities or a  NO  YES

reduction of an open space resource as designated in any adopted

municipal open space plan.

(See Part 1. C.2.c, E.1.c., E.2.q.)

If “Yes”, answer questions a - e. If “No”, go to Section 12.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed act

ion may result in an impairment of natural functions, or “ecosystem

services”, provided by an undeveloped area, including but not limited to stormwater

storage, nutrient cycling, wildlife habitat.

D2e, E1b

E2h,

E2m, E2o,

E2n, E2p

b. The proposed action ma

y result in the loss of a current or future recreational resource.

C2a, E1c,

C2c, E2q

c. The proposed action may elim

inate open space or recreational resource in an area

with few such resources.

C2a, C2c

E1c, E2q

d. The proposed action ma

y result in loss of an area now used informally by the

community as an open space resource.

C2c, E1c

e. Other impacts: _

____________________________________________________

_________________________________________________________________

12. Impact on Critical Environmental Areas

The proposed action may be located within or adjacent to a critical  NO  YES

environmental area (CEA). (See Part 1. E.3.d)

If “Yes”, answer questions a - c. If “No”, go to Section 13.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The propos

ed action may result in a reduction in the quantity of the resource or

characteristic which was the basis for designation of the CEA.

E3d

b. The proposed action ma

y result in a reduction in the quality of the resource or

characteristic which was the basis for designation of the CEA.

E3d

c. Other impac

ts: ______________________________________________________

__________________________________________________________________

RES56

✔

Page 8 of 10

13. Impact on Transportation

The proposed action may result in a change to existing transportation systems.  NO  YES

(See Part 1. D.2.j)

If “Yes”, answer questions a - f. If “No”, go to Section 14.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. Projected traffic increase may exceed capacity of existing road network.

D2j

b. The propo

sed action may result in the construction of paved parking area for 500 or

more vehicles.

D2j

c. The proposed action will degrade e

xisting transit access.

D2j

d. The proposed action will degrade e

xisting pedestrian or bicycle accommodations.

D2j

The proposed action may alter the present pattern of movement of people or goods.

D2j

f. Other impacts: ______________________________________________________

__________________________________________________________________

14. Impact on Energy

The proposed action may cause an increase in the use of any form of energy.  NO  YES

(See Part 1. D.2.k)

If “Yes”, answer questions a - e. If “No”, go to Section 15.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action will require a new, or an upgrade to an existing, substation. D2k

9 9

b. The proposed action will require the creation or extension of an energy transmission

or supply system to serve more than 50 single or two-family residences or to serve a

commercial or industrial use.

D1f,

D1q, D2k

9 9

c. The propo

sed action may utilize more than 2,500 MWhrs per year of electricity.

D2k

d. The proposed action

may involve heating and/or cooling of more than 100,000 square

feet of building area when completed.

D1g

e. Other Impacts: ________________________________________________________

____________________________________________________________________

15. Impact on Noise, Odor, and Light

The proposed action may result in an increase in noise, odors, or outdoor lighting.  NO  YES

(See Part 1. D.2.m., n., and o.)

If “Yes”, answer questions a - f. If “No”, go to Section 16.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action may produce sound above noise levels established by local

regulation.

D2m

b. The proposed action m

ay result in blasting within 1,500 feet of any residence,

hospital, school, licensed day care center, or nursing home.

D2m, E1d

c. The proposed action may result in routine odors for more than one hour per day. D2o

RES56

✔

Page 9 of 10

d. The proposed action

may result in light shining onto adjoining properties.

D2n

e. The prop

osed action may result in lighting creating sky-glow brighter than existing

area conditions.

D2n, E1a

f. Other

impacts: ______________________________________________________

__________________________________________________________________

16. Impact on Human Health

The proposed action may have an impact on human health from exposure  NO  YES

to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.)

If “Yes”, answer questions a - m. If “No”, go to Section 17.

Relevant

Part I

Question(s)

No,or

small

impact

may cccur

Moderate

to large

impact may

occur

a. The proposed action is located within 1500 feet of a school, hospital, licensed day

care center, group home, nursing home or retirement community.

E1d

9 9

b. The site o

f the proposed action is currently undergoing remediation.

E1g, E1h

c. There is a completed em

ergency spill remediation, or a completed environmental site

remediation on, or adjacent to, the site of the proposed action.

E1g, E1h

The site of the action is subject to an institutional control limiting the use of the

property (e.g., easement or deed

restriction).

E1g, E1h

e. The proposed action may affect institutional control m

easures that were put in place

to ensure that the site remains protective of the environment and human health.

E1g, E1h

f. The proposed action has a

dequate control measures in place to ensure that future

generation, treatment and/or disposal of hazardous wastes will be protective of the

environment and human health.

D2t

g. The prop

osed action involves construction or modification of a solid waste

management facility.

D2q, E1f

h. The proposed action may result in t

he unearthing of solid or hazardous waste.

D2q, E1f

i. The proposed action ma

y result in an increase in the rate of disposal, or processing, of

solid waste.

D2r, D2s

j. The prop

osed action may result in excavation or other disturbance within 2000 feet of

a site used for the disposal of solid or hazardous waste.

E1f, E1g

E1h

k. The proposed action

may result in the migration of explosive gases from a landfill

site to adjacent off site structures.

E1f, E1g

l. The proposed action ma

y result in the release of contaminated leachate from the

project site.

D2s, E1f,

D2r

m. Other imp

acts: ______________________________________________________

__________________________________________________________________

RES56

✔

Page 10 of 10

17. Consistency with Community Plans

The proposed action is not consistent with adopted land use plans.  NO  YES

(See Part 1. C.1, C.2. and C.3.)

If “Yes”, answer questions a - h. If “No”, go to Section 18.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action’s land use components may be different from, or in sharp

contrast to, current surrounding land use pattern(s).

C2, C3, D1a

E1a, E1b

b. The proposed action will cause the permanent population of the city, town or village

in which the project is located to grow by more than 5%.

c. The proposed action is inconsistent with local land use plans or zoning regulations.

C2, C2, C3

d. The proposed action is inconsistent with any County plans, or other regional land use

plans.

C2, C2

e. The proposed action may cause a change in the density of development that is not

supported by existing infrastructure or is distant from existing infrastructure.

C3, D1c,

D1d, D1f,

D1d, Elb

f. The proposed action is located in an area characterized by low density development

that will require new or expanded public infrastructure.

C4, D2c, D2d

D2j

g. The proposed action may induce secondary development impacts (e.g., residential or

commercial development not included in the proposed action)

C2a

9 9

h. Other: _____________________________________________________________

__________________________________________________________________

18. Consistency with Community Character

The proposed project is inconsistent with the existing community character.  NO  YES

(See Part 1. C.2, C.3, D.2, E.3)

If “Yes”, answer questions a - g. If “No”, proceed to Part 3.

Relevant

Part I

Question(s)

No, or

small

impact

may occur

Moderate

to large

impact may

occur

a. The proposed action may replace or eliminate existing facilities, structures, or areas

of historic importance to the community.

E3e, E3f, E3g

b. The proposed action may create a demand for additional community services (e.g.

schools, police and fire)

c. The proposed action may displace affordable or low-income housing in an area where

there is a shortage of such housing.

C2, C3, D1f

D1g, E1a

d. The proposed action may interfere with the use or enjoyment of officially recognized

or designated public resources.

C2, E3

e. The proposed action is inconsistent with the predominant architectural scale and

character.

C2, C3

f. Proposed action is inconsistent with the character of the existing natural landscape.

C2, C3

E1a, E1b

E2g, E2h

g. Other impacts: ______________________________________________________

__________________________________________________________________

RES56

✔

PRINT FULL FORM

4TH ST

1ST ST

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Legend

Commercial Traffic

Ingress

Commercial Traffic

Egress

Commercial Traffic

Eastbound Egress

0 0.1 0.2 0.3 0.40.05

Miles

Proposed Commercial

Truck Routes

South Troy

Lands Now or Formerly of

THE CITY OF TROY

Reel 267 Frame 1206

Lands Now or Formerly of

SCOLITE INTERNATIONAL CORP.

Book 1301 Page 182

Tax Map I.D. No. 111.28-4-1

AREA=5.71± ACRES

Lands Now or Formerly of

TROY SLAG PRODUCTS CO. INC.

Reel 44 Frame 580

Tax Map ID No. 100.84-1-1.2

(60' WIDE R.O.W.)

DEED LINE

2 MADISON STREET

P.O.B.

Lands Now or Formerly of

NEW YORK CENTRAL LINES, LLC

SITE LOCATION MAP

LAND SURVEYING

NMB

PLLC

“

”

˚ ”

Feet

0 30 60

METERS

0 9.144 18.288

“

”

New York State Department of Environmental

Conservation

SITE MANAGEMENT PLAN

Former Scolite Site, City of Troy,

Rensselaer County, New York

Site No. E442037

January 2019

arcadis.com

Former Scolite Stie - SMP

SITE MANAGEMENT

PLAN

Former Scolite Site

Prepared for:

New York State Department of

Environmental Conservation

Prepared by:

Arcadis CE, Inc.

855 Route 146

Suite 210

Clifton Park

New York 12065

Tel 518 250 7300

Fax 518 250 7301

Our Ref.:

00266425.0002

Date:

January 2019

This document is intended only for the use of

the individual or entity for which it was

prepared and may contain information that is

privileged, confidential and exempt from

disclosure under applicable law. Any

dissemination, distribution or copying of this

document is strictly prohibited.

arcadis.com

Former Scolite Site – Site Management Plan

CONTENTS

1. Introduction 1

1.1. Purpose of the Site Management Plan 1

1.2. Site Description 1

1.3. Geology and Hydrogeology 4

1.4. Site History 4

1.5. Summary of the Remediation Objectives 6

1.6. Summary of Remedial Activities 6

1.7. Contemplated Use 7

2. Site Management 10

2.1. Surface Cover 10

2.2. Management of Soils/Fill and Long-Term Maintenance of Cover System 10

2.2.1. Site Preparation 10

2.2.2. Excavation and Grading Below the Cover System

2.2.2.1. Visibly Impacted Soils 11

2.2.2.2. Buried Debris, Drums or Tanks 11

2.2.3. Soil/Fill Characterization 12

2.2.3.1. Excavated and Stockpiled Soil/Fill 12

2.2.3.2. Soil/Fill Disposal or Reuse 12

2.2.4. Subgrade Material 13

2.2.5. Surface Cover System 14

2.2.5.1. Asphalt 14

2.2.5.2. Concrete 14

2.2.6. Erosion Control 14

2.2.7. Dust Control 16

2.2.8. Construction Water Management 17

2.2.9. Access Controls

2.2.10. Institutional Controls 17

2.2.11. Maintenance 18

2.3. Health and Safety 18

2.3.1. Construction Personnel Protection 18

2.3.2. Community Air Monitoring Program 19

2.4. Notification and Reporting 19

3. Site Monitoring Plan 21

3.1. Introduction 21

3.1.1. General 21

3.1.2. Purpose and Schedule 21

3.2. Cover Monitoring 24

3.3. Media Monitoring Program

3.3.1. Groundwater Monitoring 24

3.3.1.1. Sampling Protocol 25

3.3.1.2. Groundwater Level Measurements 25

3.3.2. Monitoring Well Inspection 26

arcadis.com

Former Scolite Site – Site Management Plan

3.3.2.1. Monitoring Well Sampling Procedures 26

3.3.3. Field Quality Control Samples 29

3.3.3.1. Matrix Spike/Matrix Spike Duplicates 30

3.3.3.2. Field Duplicates 30

3.3.3.3. Sample Designation 30

3.3.4. Field Documentation – General 31

3.3.5. Documentation of Field Activities 31

3.3.6. General Site Information 32

3.3.7. Sample Activities 32

3.3.7.1. Sample Dispatch Information 33

3.3.7.2. Monitoring Well Repairs, Replacement and Decommissioning 33

3.3.8. Storm Water Monitoring 33

3.4. Site-Wide Inspection 34

3.5. Monitoring Quality Assurance/Quality Control 34

3.6. Monitoring Reporting Requirements

4. Operation and Maintenance Plan 36

4.1. Introduction 36

5. Inspection, Reporting and Certifications 37

5.1. Site Inspections 37

5.1.1. Inspection Frequency 37

5.1.2. Inspection Forms, Sampling Data, and Maintenance Reports 37

5.1.3. Evaluation of Records and Reporting 37

5.2. Certification of Institutional Controls 37

5.3. Periodic Review Report 38

5.4. Corrective Measures Plan 39

TABLES

Table 3.1 Monitoring/Inspection Schedule 22

Table 3.2 Monitoring Well Construction Details 24

Tabl

e 3.3 Wells to be Sampled 25

Table 3.4 Analyte List 28

Table 3.5 QA/QC Samples – Groundwater 29

Table 3.6 QA/QC Samples – Storm Water 29

Table 3.7 Schedule of Monitoring/Inspection Reports 35

arcadis.com

Former Scolite Site – Site Management Plan

iii

FIGURES

Figure 1 Site Location 2

Figure 2 Preconstruction Site Map 3

Figure 3 Groundwater Flow – August 2009 5

Figure 4 Limits of Cover 8

Figure 5 Final Topography of Cover 9

Figure 6 Monitoring Wells 23

APPENDICES

A Cover Limit Description and Final Survey

B Contamination Information

C Fugitive Dust and Particulate Monitoring

D Community Air Monitoring Program

E Monitoring Well Summary

F Inspection Report

G Groundwater Sampling Log

Acronyms and Abbreviations

AMSL – Above Mean Sea Level

BGS – Below Ground Surface

PID – Photoionization Detector

ROD – Record of Decision

SSAL – Site Specific Action Levels

SMP – Site Management Plan

PFAS – Perfluoroalkyl Substances

PFAA – Perfluoroalkyl Acid

HDPE – High-Density Polyethylene

arcadis.com

Former Scolite Site – Site Management Plan

1 Introduction

The Former Scolite Site (Site), Site No. E442037, was identified for remediation by the New York State

Department of Environmental Conservation (NYSDEC or Department), in consultation with the New York

State Department of Health (NYSDOH) in March 2011 due to the presence of hazardous substances that

posed potential threats to human health and/or the environment. The Site is owned by the City of Troy

(City or Owner).

1.1 Purpose of the Site Management Plan

The general purpose of this Site Management Plan (SMP) is to establish protocols for managing the Site

following the completion of the remedy to address Semi-Volatile Organic Compounds (SVOCs),

Inorganics (metals) and Polychlorinated Biphenyls (PCBs), in general accordance with the Record of

Decision (ROD), as issued by the NYSDEC in March 2011. More specifically one objective of the SMP is

to set guidelines for management of soil and groundwater during future activities at the Site. This plan is

not intended to serve as a design document for potential construction activities related to Site

redevelopment or reuse. The SMP is a portion of the overall remedy which addresses potential future

disturbances or use of residually contaminated media remaining on the Site after other elements of the

remedy have been implemented. This SMP addresses potential environmental concerns related to the

management of Site soil and groundwater, and has been reviewed and approved by the NYSDEC. This

SMP has been prepared by Arcadis CE, Inc., who provided design and construction phase engineering

services for the remedial activities.

Summaries of previous environmental investigations have been restated in this SMP, where appropriate.

The Owner should refer to the original, approved investigation reports for more detail, as needed. It

remains the responsibility of future Site owners and potential Site developers to prepare and obtain

appropriate approvals for all future engineering designs associated with the Site. Similarly, it is also their

responsibility to conduct all future construction activities in a manner that incorporates and is compatible

with the requirements for soil and groundwater management as set forth in this SMP.

1.2 Site Description

The Former Scolite Site is located in the City of Troy, Rensselaer County, New York at 2 Madison Street.

The location of this Site can be found on Figures 1 (Site Location) and 2 (Preconstruction Site Map). The

Site, as defined by the NYSDEC, consists of approximately 5.7 acres. The parcel is situated immediately

south and east of the confluence of the Poesten Kill and the Hudson River. The Site is bounded by

Madison Street to the south and an active railroad to the east, the Poesten Kill to the north and the

Hudson River to the west. Future development scenarios allow commercial or industrial uses for the Site.

The eastern and central portions of the Site are generally flat with a gradual slope downward from east to

west. The western portion of the site consists of a relatively flat terrace, approximately six feet lower than

the balance of the Site. Large concrete blocks serve as a retaining wall separating the western terrace

from the rest of the Site. Concrete and steel bulkheads are present on both the Hudson River and

Poesten Kill shores. Most of the eastern portion of the Site is covered with concrete floor slabs remaining

from former manufacturing buildings. A strip of land in the north, along the Poesten Kill, is vegetated.

arcadis.com

Former Scolite Site – Site Management Plan

Figure 1 Site Location

SITE LOCATION

FORMER SCOLITE SITE

NYSDEC SITE NO. E442037

CITY OF TROY, RENSSELAER COUNTY, NEW YORK

FIGURE 1

SITE LOCATION

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Figure 2 Preconstruction Site Map

NYSDEC SITE NO. E442037

FORMER SCOLITE SITE

PRECONSTRUCTION SITE MAP

APRIL 2018

FIGURE 2

CITY OF TROY, RENSSELAER COUNTY, NEW YORK

MADISON STREET

LIMITS OF SITE

HUDSON RIVER

POESTEN KILL

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1.3 Geology and Hydrogeology

Near-surface soil at the Site is mainly fill, the thickness of which varies from approximately 14 feet on the

east side to greater than 20 feet trending towards the southwestern corner. The fill is comprised of

stained soils, slag, ash and brick. The fill overlies native soils consisting of clay, sandy clay, or mixtures of

clay, sand and pebbles. Bedrock in the area is thinly bedded and comprised of weathered shale from the

Normanskill or Snake Hill Formations. No bedrock was encountered during the remedial investigation or

remedial construction activities at the Site.

Groundwater at the Site is between 10 and 20 feet below ground surface (bgs). The direction of

groundwater flow is generally towards the Hudson River, though a divide exists in the northeastern corner

of the Site, where groundwater flows to the northeast, generally towards the Poesten Kill. Figure 3 depicts

the groundwater flow at the Site in 2009.

There are no surface water features on the Site, and most precipitation infiltrates the ground on-site.

However, due to the Site’s topography and relatively low permeability concrete and asphalt surface

materials, the potential exists for water to drain from the Site into the Hudson River or Poesten Kill. Some

surface water also may run off to the storm sewers along Madison Street, which ultimately lead to the

Hudson River.

1.4 Site History

The Site was the locus of industrial operations for approximately one hundred and seventy years. Iron

and steel industries occupied the Site from 1846 through 1971. Subsequent businesses on-site included

Perlite manufacturing (Scolite International), commercial roofing, scrap metal salvaging and recycling,

and automobile maintenance and storage. As mentioned previously, the near-surface Site soils consist

mostly of fill, however, no indication of large-scale or widespread hazardous waste disposal was detected

during the Site Investigation and no documentation of past disposal is known to exist.

After the iron and steel operations ceased and other industries occupied the Site, Site Investigation data

indicate there was a presence of hazardous substances on-site. NYSDEC staff witnessed significant

quantities of tar-like petroleum substances stored in various containers around the large foundry building

on-site in 2006. The containers ranged in size and type from small buckets and 55-gallon drums to large

tanker trucks, all of which were stored haphazardly under leaky roofs in an unsecured manner. In 2008, a

fire occurred in the building where the majority of the tar materials were stored, causing some to be

spilled or burned before they could be removed intact from the building. The fire resulted in large

quantities of asbestos contaminated material (ACM) on-site, in the form of brick, mortar, roofing and other

demolition debris left over from fighting the fire and razing the remaining buildings.

Prior to the fire, NYSDEC staff also witnessed and documented the presence of stained soil and surface

water sheens on puddles in the areas occupied by scrap metal recycling operations. The observed

contamination appeared to be consistent with petroleum-related spills, such as oily fluids or gasoline.

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Figure 3 Groundwater Flow – August 2009

MW-8

MW-7

MW-6

MW-5

MW-4

MW-3

MW-2

MW-1

New York State

Department of Environmental

Conservation

Division of

Environmental Remediation

Former Scolite,

Troy

DEC Site No.: E4-42-037

FIGURE 3

Groundwater Flow

August 2009

Map Details

Created in ArcMap 9.3

10.19.2010

UNAUTHORIZED DUPLICATION

IS A VIOLATION OF

APPLICABLE LAWS

North American Datum 1983

UTM Zone 18

100 0 100 20050

Feet

LEGEND

- GROUNDWATER MONITORING WELL

- GROUNDWATER FLOW DIRECTION

BUILDING

REMOVED

2017

BUILDING REMOVED

2017

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1.5 Summary of the Remediation Objectives

The objectives for the remedial program have been established through the remedy selection process

stated in 6 NYCRR Part 375. The goal for the remedial program is to restore the site to pre-disposal

conditions to the extent feasible. At a minimum, the remedy shall eliminate or mitigate all significant

threats to public health and the environment presented by the contamination identified at the site through

the proper application of scientific and engineering principles.

The remedial objectives for this site are:

Public Health Protection:

Soil:

Prevent ingestion/direct contact with contaminated soil.

Prevent inhalation of contaminants volatilizing from the soil.

Surface water:

Prevent surface water contamination which may result in fish advisories.

Soil Vapor:

Mitigate impacts to public health resulting from existing, or the potential for, soil vapor intrusion into the

indoor air of buildings at or near a site.

Environmental Protection:

Soil:

Prevent migration of contaminants that would result in groundwater or surface water contamination.

1.6 Summary of Remedial Activities

The City of Troy applied to the Environmental Restoration Program (ERP) in February 2006, and again in

December 2006. The application for financial assistance for the investigation phase of the project was

approved in August 2007. Approval of the application allowed the City to initiate a removal activity to

address the potentially-hazardous materials that were present on-site at that time.

An investigation was performed prior to the parcel entering the ERP. The investigation, completed in

2006, was implemented under the South Troy Brownfields Assessment Demonstration Project, and was

considered a Site Characterization with results adequate to supplement the ERP application.

The Site Standards, Criteria, and Guidance (SCGs) are based on Title 6 of the New York Code of Rules

and Regulations (6NYCRR) Part 375 Restricted Soil Cleanup Objectives [SCOs] for Commercial Use,

Table 375-6.8(b), NYSDEC’s “Ambient Water Quality Standards and Guidance Values” and Part 5 of the

New York State Sanitary Code for Water.

In 2016, an asphalt and gravel surface cover system was installed on the Site to supplement the pre-

existing low-permeability concrete building floor slabs. The primary objective of this remedy was to

eliminate or mitigate potential human health risks related to the presence of the identified contaminants

present in surface and subsurface soil and fill by eliminating the potential for direct contact between

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Former Scolite Site – Site Management Plan

potential receptors and the contamination. In 2017, following the completion of the remedial action, the

final two buildings (appearing in Figure 2) were demolished, and the resulting debris was removed from

the site. The limits of the asphalt and gravel surface cover system are shown on Figure 4 and in Appendix

A. The final surface grades are depicted on Figure 5 and the initial and final spot elevations in a grid

pattern across the Site are shown in Appendix A. Please note that the official post-construction survey

presented in Appendix A depicts the location of the final two buildings which were demolished after the

survey was conducted.

1.7 Contemplated Use

Potential future development scenarios allow commercial or industrial uses for the Site.

The Record of Decision for the Site requires that an institutional control (IC) be imposed in the form of an

environmental easement that:

• Requires compliance with the approved Site Management Plan;

• Limits the use and development of the property to commercial or industrial activities;

• Prohibits agriculture or vegetable gardens on the Site;

• Requires the property owner to complete and submit a periodic certification of institutional and

engineering controls to the NYSDEC at a frequency to be determined by the NYSDEC.

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Figure 4 Limits of Cover

APPROXIMATE GAS

HYD

POSSIBLE WV

HYD

OLD HYD

TPED

DITCH

3' WIDE CONCRETE BULKHEAD WALL

CRUSHED STONE

CONCRETE

CURB

CONCRETE DECK

CONCRETE BLOCK

RETAINING WALL

BUILDING

CONCRETE

FOOTING (TYP.)

CONCRETE

4' HIGH CHAIN

LINK FENCE

UP NYNEX 17

8' HIGH CHAIN

LINK FENCE

8' HIGH CHAIN

LINK FENCE

CONCRETE

CONCRETE PAD

CONCRETE BLOCK RETAINING WALL

BUILDING

1.2' WIDE CONCRETE BROKEN

8' HIGH CHAIN

LINK FENCE

8' HIGH CHAIN

LINK FENCE

CONCRETE RETAINING

WALL

CONCRETE RETAINING

WALL

GRANITE CURB

2 STORY CONCRETE

BLOCK BUILDING

BROKEN CONCRETE

CONCRETE

METAL SHEETING AT EDGE OF CREEK

BROKEN CONCRETE

18" DIA. HOLE 8 FEET DEEP

MADISON STREET

(60' WIDE R.O.W.)

8' HIGH CHAIN LINK FENCE

47.2'±

1934 U.S. PIERHEAD AND BULKHEAD LINE PER MAP REFERENCE NO. 1

POESTEN KILL

FLOW

THICK

VEGETATION

NYSDEC SITE NO. E442037

FORMER SCOLITE SITE

LIMITS OF COVER

SITE PLAN

APRIL 2018

FIGURE 4

CITY OF TROY, RENSSELAER COUNTY, NEW YORK

BUILDING REMOVED

2017

Concrete Surface Slab

Remains

BUILDING

REMOVED

2017

Concrete

Surface

Slab

Remains

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Former Scolite Site – Site Management Plan

Figure 5 Final Topography of Cover

APPROXIMATE GAS

HYD

POSSIBLE WV

HYD

OLD HYD

TPED

DITCH

3' WIDE CONCRETE BULKHEAD WALL

CRUSHED STONE

CONCRETE

CURB

CONCRETE DECK

CONCRETE BLOCK

RETAINING WALL

BUILDING

CONCRETE

FOOTING (TYP.)

CONCRETE

4' HIGH CHAIN

LINK FENCE

UP NYNEX 17

8' HIGH CHAIN

LINK FENCE

8' HIGH CHAIN

LINK FENCE

CONCRETE

CONCRETE BLOCK RETAINING WALL

BUILDING

1.2' WIDE CONCRETE BROKEN

8' HIGH CHAIN

LINK FENCE

8' HIGH CHAIN

LINK FENCE

CONCRETE RETAINING

WALL

CONCRETE RETAINING

WALL

GRANITE CURB

2 STORY CONCRETE

BLOCK BUILDING

BROKEN CONCRETE

CONCRETE

METAL SHEETING AT EDGE OF CREEK

BROKEN CONCRETE

MADISON STREET

(60' WIDE R.O.W.)

UMH

TF=22.50

8' HIGH CHAIN LINK FENCE

47.2'±

1934 U.S. PIERHEAD AND BULKHEAD LINE PER MAP REFERENCE NO. 1

POESTEN KILL

FLOW

THICK

VEGETATION

27.78

23.86

23.64

23.20

23.10

23.14

24.06

24.49

24.18

24.12

23.27

24.20

23.21

23.14

23.16

23.20

23.91

22.82

22.96

23.13

23.17

23.29

24.10

24.12

24.16

24.14

23.18

22.90

22.80

23.18

23.11

23.15

23.14

14.23

14.24

14.23

14.16

14.19

14.34

22.58

23.11

22.96

23.54

24.13

FINAL TOPOGRAPHY OF COVER

APRIL 2018

FIGURE 5

NYSDEC SITE NO. E442037

FORMER SCOLITE SITE

CITY OF TROY, RENSSELAER COUNTY, NEW YORK

BUILDING

REMOVED

2017

Concrete Surface

Slab Remains

BUILDING

REMOVED

2017

Concrete

Surface

Slab

Remains

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Former Scolite Site – Site Management Plan

2 Site Management

2.1 Surface Cover

The primary purposes of the surface cover system are to minimize the potential for:

• Human contact with contaminated fill material; and

• Contaminated runoff from the property.

The cover system consists of the following:

• Type III Engineered Cover - 12 inches of stone cover underlain by separation fabric. This was

installed throughout the Site on areas without pre-existing surface concrete slabs;

• Pre-existing concrete surface slabs, located generally in the central, southern and eastern

portions of the Site; and

• Asphalt “patches” for holes in the pre-existing concrete surface slabs.

The limits of the engineered and stone cover, as well as the concrete surface slabs that were pre-existing

at the Site are shown on Figure 4 and included in Appendix A. The final topography of the cover system

is shown on Figure 5. The thickness of the cover system may be determined from the survey information

contained in Appendix A.

2.2 Management of Soils/Fill and Long-Term Maintenance of Cover System

Contamination remains on-site below the cover system installed as the primary component of the

remedial action. No significant Site-related groundwater contamination of concern was identified at the

Former Scolite Site. Prior to remediation, the primary contaminants of concern were SVOCs, metals, and

PCBs in surface soils. The installation of the surface cover system has successfully achieved soil

cleanup objectives for commercial use. During the remedial activities, surface and subsurface soils were

relocated on-site to shape the cover surface to promote runoff and drainage of precipitation and other

surface water. Information from the ROD, and compiled by the NYSDEC, showing contaminant

concentrations and their locations prior to the remedial activities is included in Appendix B.

The purpose of this section is to provide environmental guidelines for management of subsurface soils/fill

and repair/replacement of the cover system during any future intrusive work which breaches the cover

system. Prior to the initiation of such work, the NYSDEC will be notified and provided a certification. Any

work done must be conducted in accordance with procedures defined in an applicable Work Plan, which

shall include a Health and Safety Plan (HASP) and a Community Air Monitoring Program (CAMP).

2.2.1 Site Preparation

As part of future development or future intrusive on-site activities, the Site may require grading prior to

cover system replacement. The fill material and debris disturbed during intrusive activities will be graded

to the surface required for redevelopment. Trees, shrubs, roots, brush, rubbish, scrap, debris, slabs,

pavement, curbs, fences, etc. will be removed and properly disposed off-site in accordance with

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applicable solid waste regulations. Prior to cover system replacement, protruding material will be removed

from the ground surface. Burning will not be allowed on the Site.

2.2.2 Excavation and Grading Below the Cover System

During construction activities at the Site, the excavation of soil/fill material may be necessary for the

construction of foundations, utility corridors and other structures. For excavation work below the cover

system, a Professional Engineer’s representative with construction/remediation experience, representing

the subject property owner or developer will monitor soil/fill excavations or disturbances. This Professional

Engineer must also provide a stamped/signed certification that excavation work below the cover system

and subsequent repair/replacement of the cover system was conducted in a manner consistent with this

SMP.

During excavation performed to support development activities, the soil/fill will be inspected for staining,

sampled to detect and quantify the presence of metals and field screened for the presence of VOCs with

a photoionization detector (PID).

Excavated soil/fill may be used on-site as fill below the cover system. Soil/fill that is excavated as part of

development which cannot be used as fill below the cover system will be further characterized prior to

transportation off-site for disposal at an appropriate permitted facility.

2.2.2.1 Visibly Impacted Soils

Stained soil is soil that is observed to be discolored, tinted, dyed, unnaturally mottled, or has a sheen.

Excavated soil/fill that is visibly stained or produces elevated PID readings (i.e., sustained 10 ppm or

greater) will be considered potentially contaminated and stockpiled on the property for further

assessment. The potentially contaminated soil/fill will be stockpiled (maximum 50 cubic yard piles) on and

be completely covered with polyethylene sheeting to reduce the potential for contaminant migration or

dispersion. Sampling and analysis will be completed in accordance with protocols delineated in 6 NYCRR

Part 375 and DER-10. Visibly impacted soil/fill containing one or more constituents in excess of the Site-

Specific Action Levels (SSALs) shown in 6 NYCRR Part 375 Table 375-6.8(b) for commercial or industrial

use will be transported off-site to a permitted waste management facility.

2.2.2.2 Buried Debris, Drums or Tanks

If buried drums or underground storage tanks are encountered during soil excavation activities,

excavation will cease and the NYSDEC will be immediately notified. All drums and/or underground

storage tanks encountered will be evaluated and the contractor will submit a removal plan for NYSDEC

approval. Appropriately trained personnel will excavate all the drums and/or underground storage tanks,

while following all applicable federal, state, and local regulations. Removed drums, underground storage

tanks, and associated materials will be properly characterized and disposed off-site. The soil/fill

surrounding the buried drums or underground storage tanks will be considered to be potentially

contaminated. The soil will be characterized and, as necessary, stockpiled and transported to an off-site

permitted waste management facility for disposal.

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2.2.3 Soil/Fill Characterization

2.2.3.1 Excavated Soil and Stockpiled Soil/Fill

Excavated soil/fill may be used on-site as fill below the cover system. Soil/fill that is excavated as part of

development, which cannot be used as fill below the cover system, will be further characterized prior to

transportation off-site for disposal at a permitted facility. For excavated soil/fill with visual evidence of

contamination (i.e., staining or elevated PID measurements), one composite sample and a duplicate

sample will be collected for each 100 cubic yards of stockpiled soil/fill. For excavated soil/fill that does not

exhibit visual evidence of contamination but must be sent for off-site disposal, one composite sample and

a duplicate sample will be collected for 2,000 cubic yards of stockpiled soil, and a minimum of 1 sample

will be collected for volumes less than 2,000 cubic yards.

The composite sample will be collected from five locations within each stockpile. A duplicate composite

sample will also be collected. PID measurements will be recorded for each of the five individual locations.

One grab sample will also be collected from the five individual locations. The grab sample will be

collected from the individual location with the highest PID measurement. If none of the five individual

sample locations exhibit PID readings, one location will be selected at random. The composite sample will

be analyzed by a NYSDOH ELAP-certified laboratory for pH (EPA Method 9045C), Target Compound List

(TCL) SVOCs, pesticides, and PCBs, and TAL metals, and cyanide. The grab sample will be analyzed for

TCL VOCs.

Soil samples will be composited by placing equal portions of fill/soil from each of the five composite

sample locations into a pre-cleaned, stainless steel (or Pyrex glass) mixing bowl. The soil/fill will be

thoroughly homogenized using a stainless-steel scoop or trowel and transferred to pre-cleaned jars

provided by the laboratory. Sample jars will then be labeled, and a chain-of-custody form will be prepared.

2.2.3.2 Soil/Fill Disposal or Reuse

Visually impacted soil/fill that has been characterized and found to meet the SSALs, may be reused as

subgrade or excavation subgrade backfill, if appropriate. On-site soil/fill may not be reused as backfill in

landscaping berms to be used for the planting of trees and shrubs. If the analysis of the soil/fill samples

reveals unacceptably high levels of any analytes, the soil may not be used as backfill on-site and

additional analyses will be necessary to further classify the material for disposal purposes. The developer

will be responsible for characterizing any material that is found to contain one or more constituents in

excess of the SSALs. At a minimum, a duplicate sample may need to be analyzed for the toxicity

characteristic, using the Toxicity Characteristic Leaching Procedure (TCLP), for the particular analytes

that were detected at concentrations exceeding the SSALs. The duplicate sample may also be analyzed

for the other RCRA Characteristics, including reactivity, corrosivity, and ignitability. If the analytical results

indicate that concentrations exceed the standards for RCRA characteristics, the material will be

considered a hazardous waste and must be properly disposed off-site at a permitted disposal facility

within 90 days of excavation.

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Additional characterization sampling for off-site disposal may be required by the disposal facility. To

potentially reduce off-site disposal requirements and costs, the Owner or Site developer may also choose

to characterize each stockpile individually. If the analytical results indicate that the soil is not a hazardous

waste, the material will be properly disposed off-site at a non-hazardous waste facility. Stockpiled soil

cannot be transported on or off-site until the analytical results are received.

2.2.4 Subgrade Material

Subgrade material used to backfill excavations or placed to increase Site grades or elevations shall meet

the following criteria:

• Excavated on-site soil/fill which appears to be visually impacted shall be sampled and analyzed.

Analytical results shall indicate that the contaminants, if any, are present at concentrations that do

not exceed the SSALs.

• Off-site borrow soils will be documented as having originated from locations having no evidence

of disposal or release of hazardous, toxic, or radioactive substances, wastes or petroleum

products.

• Off-site materials intended for use as Site backfill cannot otherwise be defined as a solid waste in

accordance with 6 NYCRR Part 360-2(a).

• If the contractor designates a source as “virgin” soil, it shall be further documented in writing to be

native soil material from areas not having supported any known prior industrial or commercial

development or agricultural use.

• Virgin soils should be subject to collection of one representative composite sample for each 500

cubic yards of material from each source area. The sample should be analyzed for TCL VOCs,

SVOCs, pesticides, PCBs, arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver,

and cyanide. The soil will be acceptable for use as backfill provided that all parameters meet the

SSALs.

• One composite sample for each 500 cubic yards of material from each source area of non-virgin

soils will be collected and analyzed. If more than 1,000 cubic yards of soil are borrowed from a

given off-site non-virgin soil source area and both samples of the first 1,000 cubic yards meet

SSALs, the sample collection frequency will be reduced to one composite for every 2,500 cubic

yards of additional soils from the same source, up to 5,000 cubic yards total. For borrow sources

greater than 5,000 cubic yards, sampling frequency may be reduced to one sample for each

5,000 cubic yards, provided that all earlier samples met the SSALs.

Should the separation fabric underlying the stone cover be breached during excavations; the area will be

excavated, the damaged geotextile will be cut to provide smooth edges, and a new geotextile of equal or

greater quality will be installed to replace the breached area. The new geotextile will overlap the existing

underlying separation fabric by a minimum of 24 inches on all sides.

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2.2.5 Surface Cover System

The cover material shall meet the following criteria:

• Excavated on-site soil/fill shall not be used as cover material.

• Off-site borrow stone will be documented as having originated from locations having no evidence

of disposal or release of hazardous, toxic or radioactive substances, wastes or petroleum

products.

• Off-site stone materials intended for use as Site cover cannot otherwise be defined as a solid

waste in accordance with 6 NYCRR Part 360-2(a).

2.2.5.1 Asphalt

Asphalt may be used for construction or development in areas that will become roads, sidewalks, and

parking lots. Where asphalt will represent a cover in terms of remedial action, a minimum cross-sectional

thickness of 6 inches of material (asphalt and clean subbase material) is required for protection from

exposure to the underlying soil/fill material. The actual cross section of the asphalt cover (i.e. thickness of

the asphalt and subbase material) will be determined based on the intended use of the area.

2.2.5.2 Concrete

Concrete may be used in areas that will become slab-on-grade structures, utilities, footings, foundations,

sidewalks or signs. Concrete may also be used instead of asphalt for roads, sidewalks, and parking lots.

Where concrete will represent a cover in terms of remedial action, a minimum cross-sectional thickness of

6 inches of material (concrete and clean subbase material) is required for protection from exposure to the

underlying soil/fill material. A vapor barrier consisting of polyethylene sheeting with a minimum thickness

of 8-millimeters will be installed under all structures. Type and thickness of concrete and subbase material

will be determined based on intended use of the area.

2.2.6 Erosion Control

When the development or remedial actions at the Site require the disturbance of more than five acres of

land, federal and state laws require that the project obtain coverage under the NYSDEC SPDES General

Permit for Storm Water Discharges from Construction Activities that are classified as “Associated with

Industrial Activity,” Permit #GP-93-10 (Construction Storm Water General Permit). It should be noted that

after December 9, 2002, federal and state laws require that the project obtain coverage under the

NYSDEC SPDES General Permit for Storm Water Discharges from Construction Activities for certain

activities disturbing between one and five acres of land. Requirements for coverage under the

Construction Storm Water General Permit include the submittal of a Notice of Intent form and the

development of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP must fulfill all permit

requirements and must be prepared in accordance with “Chapter Four: The Storm Water Management

and Erosion Control Plan” in Reducing Impacts of Storm Water Runoff from New Development (NYSDEC,

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Former Scolite Site – Site Management Plan

1992). This Storm Water Management and Erosion Control Plan, in accordance with permit requirements,

will provide the following information:

• A background discussion of the scope of the construction project.

• A statement of the storm water management objectives.

• An evaluation of post-development runoff conditions.

• A description of proposed storm water control measures.

• A description of the type and frequency of maintenance activities required to support the control

measure.

The SWPPP will address issues such as erosion prevention, sedimentation control, hydraulic loading,

pollutant loading, ecological protection, physical Site characteristics that impact design, and Site

management planning. All descriptions of proposed features and structures at the Site will include a

description of structure placement, supporting engineering data and calculations, construction scheduling,

and references to established detailed design criteria. The SWPPP will conform to all requirements as

established by applicable regulatory agencies.

Proven soil conservation practices will be incorporated in the construction and development plans to

mitigate soil erosion, off-site sediment migration, and water pollution from erosion. The use of appropriate

temporary erosion control measures such as silt fencing and/or hay bales will be required around all

soil/fill stockpiles and soil surfaces which are unvegetated and not part of the stone and pavement cover

during redevelopment activities. These methods are described below. Stockpiles shall be graded and

compacted as necessary for positive surface water runoff and dust control. Stockpiles of soil/fill will be

placed a minimum of 50 feet from the property boundaries.

Temporary Erosion Control Measures

Temporary erosion and sedimentation control measures and facilities will be employed during active

construction stages. Prior to any construction activity, temporary erosion and sediment control measures

shall be installed and maintained until such time that permanent erosion control measures are installed

and effective. The following temporary measures will be incorporated into construction activities:

• Silt Fence

• Check Dams

• Hay Bales

As sediment collects along the erosion controls (silt fence, hay bales, check dams, etc.) they will be

cleaned to maintain desired removal performance and prevent structural failure of the silt fence.

Accumulated sediment will be removed when 10% of the storage capacity of the silt fence is full.

Removed sediment will be stockpiled and characterized in accordance with Section 2. The perimeter silt

fences will remain in place until construction activities in the area are completed and vegetative cover or

other erosion control measures are adequately established. Silt fences will be provided and installed in

accordance with the New York Guidelines for Urban Erosion and Sediment Control.

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Former Scolite Site – Site Management Plan

Permanent Erosion Control Measures

Permanent erosion control measures and facilities will be incorporated during cover construction and

during Site redevelopment for long-term erosion protection. Permanent measures and facilities will be

installed as early as possible during construction phases. Parking and building systems associated with

redevelopment shall not include dry wells or other subsurface injection/disposal piping or facilities.

The remedial construction activities will involve the installation of a cover system including asphalt,

concrete and stone over the Site. Permanent erosion control measures incorporate a combination of

design features to limit overall erosion and sediment problems to practical design limits, and the

placement of permanent facilities during Site restoration for long term erosion protection.

Design features incorporated into the construction plans to control erosion will include limiting steep

slopes, routing runoff to surface water collection channels, limiting flow velocities in the collection

channels to the extent practical, and lining collection channels, where appropriate. In areas where flow

will be concentrated (i.e. collection channels), the channel slopes and configuration will be designed to

maintain channel stability.

Any final slope greater than 33 percent will be reinforced and will have a demarcation layer under the

clean cover materials to indicate if erosion has extended to the subgrade.

2.2.7 Dust Control

The surface of unvegetated or disturbed soil/fill areas will be wetted with water or other dust suppressive

agents to control dust during construction. Any subgrade material left exposed during extended interim

periods (greater than 90 days) prior to placement of final cover shall be covered with a temporary cover

system (i.e. tarps, spray type cover system, etc.) to control fugitive dust to the extent practicable.

Particulate monitoring will be performed along the downwind occupied perimeter of the parcel during

subgrade excavation, grading, and handling activities in accordance with the Community Air Monitoring

Plan further detailed in Section 2.3, and in accordance with NYSDEC’s Fugitive Dust and Particulate

Monitoring Program at Inactive Hazardous Waste Sites, which is included in Appendix C.

Dust suppression techniques will be employed at the Site in accordance with NYSDEC’s Fugitive Dust

and Particulate Monitoring Program. This document describes guidance for dust monitoring, and includes

a list of effective dust suppression techniques. Dust suppression techniques that may be used at the Site

include applying water on the stone or paved cover areas, wetting equipment, spraying water on buckets

during excavation and dumping, hauling material in properly covered or watertight containers, covering

excavated areas and material after excavation activity ceases, installing new cover immediately after

placement of cover materials, and reducing the excavation size and/or number of excavations. The use of

atomizing sprays is recommended so that excessively wet areas will not be created, but fugitive dust will

be suppressed.

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2.2.8 Construction Water Management

Pumping of water (i.e., groundwater and/or storm water that has accumulated in an excavation) from

excavations, if necessary, will be done in such a manner as to prevent the migration of particulates,

soil/fill, or unsolidified concrete materials, and to prevent damage to the existing subgrade. Water pumped

from excavations will be managed properly in accordance with all applicable regulations to prevent

endangerment of public health, property, or any portion of the construction.

In areas where groundwater may be contaminated, the groundwater in excavations will be field screened

for VOCs and observed for any noticeable sheens. The water pumped from the excavations will be

containerized and analyzed in accordance with the Surface Water and Ground Water Quality Standards

set forth in 6 NYCRR Part 703.5 and the local sewer authority under a discharge permit. If the water

quality is such that the local sewer authority will not approve the discharge to a sewer, it will be

transported off-site for proper disposal or treated on Site via a treatment system that has been approved

by the NYSDEC.

Runoff from surface discharges shall be controlled. No discharges shall enter a surface water body

without proper permits.

2.2.9 Access Controls

Access to construction or development areas which disturb the existing cover on the property must be

controlled until the final cover is placed to prevent direct contact with subgrade materials. Excavated

subgrade material that is stockpiled on-site must be temporarily covered to limit access to that material.

2.2.10 Institutional Controls

A series of ICs is required by the March 2011 Record of Decision to:

1. Prevent future exposure to remaining contamination; and,

2. Limit the use and development of the site to commercial and industrial uses only.

Adherence to these ICs on the site is required by the environmental easement and will be implemented

under this SMP. ICs identified in the environmental easement may not be discontinued without an

amendment to or extinguishment of the environmental easement. The IC boundaries are shown on Figure

4 and described in Appendix A. These ICs are:

• The property may be used for commercial and industrial use;

• The use of groundwater underlying the property is prohibited without necessary water quality

treatment as determined by the NYSDOH or the Rensselaer County Department of Health to

render it safe for use as drinking water or for industrial purposes, and the user must first notify

and obtain written approval to do so from the Department;

• Data and information pertinent to site management must be reported at the frequency and in a

manner as defined in this SMP;

• All future activities that will disturb remaining contaminated material must be conducted in

accordance with this SMP;

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• Access to the site must be provided to agents, employees or other representatives of the State of

New York with reasonable prior notice to the property owner to assure compliance with the

restrictions identified by the environmental easement;

• The potential for vapor intrusion must be evaluated for any buildings developed in the area within

the IC boundaries noted on Figure 4, and appropriate actions to address exposures must be

implemented; and

• Vegetable gardens and farming on the site are prohibited.

2.2.11 Maintenance

Overall maintenance of the Site will be the responsibility of the Owner. Impacts or damage to remedial

elements remaining at the Site following remedial construction will be reported to the NYSDEC, who will

determine whether corrective actions are necessary to protect the environment or preserve the integrity of

the remedy. Cover materials, fencing, signs, and gates will be inspected annually, and repaired as

needed.

The main features of inspection are:

• Inspection procedures;

• Evaluation of the final cover system (i.e., stone cover, concrete slabs, asphalt patches, etc.) for

sloughing, cracks, settlement, erosion, damaged fencing, gates or signs;

• Repair of deficiencies found; and

• Inspection reporting.

2.3 Health and Safety

Invasive work performed at the property will be performed in accordance with all applicable local, state,

and federal regulations to protect worker health and safety.

If intrusive work is expected to breach the cover system at the Site, all contractors performing

redevelopment or maintenance activities will be required to prepare a Site-specific, activity-specific Health

and Safety Plan (HASP). The HASP must include certifications stating that the contractor’s personnel

have been 40-Hour OSHA HAZWOPER trained. The HASP must also include provisions for protection of

the community as described further in this section.

2.3.1 Construction Personnel Protection

Contractors engaged in subsurface construction or maintenance activities (e.g., foundation and utility

workers) will be required to implement appropriate health and safety procedures. These procedures will

involve, at a minimum, donning adequate personal protective equipment, performing appropriate air

monitoring, and implementing other engineering controls, as necessary, to mitigate potential ingestion,

inhalation and contact with residual constituents in the soils. Recommended health and safety procedures

include, but may not be limited to, the following:

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• While conducting invasive work at the Site, contractors shall provide safe and healthful working

conditions. Contractors shall comply with all of the New York State Department of Labor

regulations, published recommendations and regulations promulgated under the Federal

Occupational Safety and Health Act of 1970 and the Construction Safety Act of 1969, as

amended, and with the laws, rules, and regulations of other authorities having jurisdiction.

Compliance with governmental requirements is mandated by law and considered only a minimum

level of safety performance. Contractors shall insure that all work performed is in accordance with

recognized safe work practices.

• Contractors shall be responsible for the safety of the contractor’s employees and the public.

Contractors shall be solely responsible for the adequacy and safety of all construction methods,

materials, equipment and safe prosecution of the work.

• Contractors are responsible for ensuring that all project personnel have been trained in

accordance with 29 CFR 1910.120.

• Contractors shall have a HASP, written in accordance with 29 CFR 1926.65, prepared, signed

and sealed by a safety professional, a safety professional and/or a trained safety

representative(s) active on the job whenever the work is in progress, an effective and

documented safety training program, and a safety work method check list system.

• Recognition as a safety professional shall be based on a minimum of certification by the Board of

Certified Safety Professionals as a Certified Safety Professional and 5 years of professional

safety management experience in the types of construction and conditions expected to be

encountered on the Site.

• All personnel employed by a contractor or their subcontractors or any visitors whenever entering

the job Site, shall be required to wear appropriate personal protective equipment required for that

area.

2.3.2 Community Air Monitoring Program

Air monitoring will be performed during redevelopment activities in accordance with the New York State

Department of Health (NYSDOH) Generic Community Air Monitoring Plan, which is included in Appendix

D. All air monitoring readings will be recorded in a logbook and will be available for review by the

NYSDEC and NYSDOH.

2.4 Notification and Reporting

There shall be no construction, use or occupancy of the property that results in the disturbance or

excavation of soil which threatens the integrity of the cover system or which would result in human

exposure to contaminated soils, unless prior written approval by the NYSDEC is obtained. Therefore,

notification of NYSDEC at the address below should precede any such work by at least 60 days, to allow

for review and any necessary revisions of a work plan. The following minimum notification and reporting

requirements shall be followed by the property owner prior to and following Site development:

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• If buried drums or underground storage tanks are encountered during soil excavation activities,

excavation will cease and the NYSDEC will be immediately notified.

• The Owner shall complete an Annual Report containing documentation that the institutional

controls put in place, pursuant to the ROD, are still in place, have not been altered and are still

effective; that the remedy and protective cover have been maintained; and that the conditions at

the Site are fully protective of public health and the environment.

If the cover system has been breached during the year, the Owner shall provide the following to the

NYSDEC for subsequent inclusion in the corresponding annual report:

• A certification that all work was performed in accordance with this SMP.

• Plans showing areas and depth of fill removal.

• Copies of daily inspection reports for soil-related construction.

• Description of erosion control measures.

• A text narrative describing the excavation activities performed, health and safety monitoring

performed (both Site-specific and Community Air Monitoring), quantities and locations of soil/fill

excavated, disposal locations for the soil/fill, soil sampling locations and results, a description of

any problems encountered, location and acceptability test results for backfill sources, and other

pertinent information necessary to document that the Site activities were carried out properly.

If the disturbed area exceeds one acre, the following must also be reported to the NYSDEC:

• Plans showing the before and after survey elevations on a 100-foot grid system to document the

thickness of the stone cover system.

New York State Department of Environmental Conservation

Division of Environmental Remediation

625 Broadway

Albany, New York 12233-7011

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3 Site Monitoring Plan

3.1 Introduction

3.1.1 General

This SMP describes the measures for evaluating the performance and effectiveness of the remedy to

reduce or mitigate contamination at the Site, the stone cover system, and all affected Site media identified

below. Monitoring of other Engineering Controls is described in Section 4, Operation and Maintenance

Plan. This SMP may only be revised with the approval of NYSDEC.

3.1.2 Purpose and Schedule

This Monitoring Plan describes the methods to be used for:

• Sampling and analysis of groundwater and stormwater;

• Assessing compliance with applicable NYSDEC standards, criteria and guidance, particularly

ambient groundwater standards;

• Assessing achievement of the remedial performance criteria;

• Evaluating Site information periodically to confirm that the remedy continues to be effective in

protecting public health and the environment; and

• Preparing the necessary reports for the various monitoring activities.

To adequately address these issues, this Monitoring Plan provides information on:

• Sampling locations, protocol, and frequency;

• Information on all designed monitoring systems;

• Analytical sampling program requirements;

• Reporting requirements;

• Quality Assurance/Quality Control (QA/QC) requirements;

• Inspection and maintenance requirements for monitoring wells;

• Monitoring well decommissioning procedures; and

• Annual inspection and documentation of Site conditions.

Annual monitoring of the performance of the remedy and overall reduction in contamination on-site and

off-site will be conducted for the first five years following the completion of remedial construction. Based

on a review by the NYSDEC of data generated during the five years of monitoring, the frequency of

monitoring thereafter will be determined. Trends in contaminant levels in groundwater and storm water in

the affected areas will be evaluated to determine if the remedy continues to be effective in achieving

remedial goals. Monitoring programs are summarized in Table 3.1 and outlined in detail in Sections 3.2

and 3.3. Information regarding the existing monitoring wells is included in Appendix E.

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Table 3.1 Monitoring/Inspection Schedule

Monitoring

Program

Frequency* Matrix Analysis

Groundwater Annual monitoring for five years

Groundwater from

monitoring wells shown on

Figure 6

TAL Metals

Field Parameters

SVOCs

PCBs

1,4-Dioxane

PFAS

Storm water Annual monitoring for five years

Storm water collected

from surface water

drainage discharge

TAL Metals

1,4-Dioxane

PFAS

Stone, Asphalt

and Concrete

Cover

Inspection during each

groundwater monitoring event

specified above

Stone, Asphalt and

Concrete Cover

Visual Inspection

*The frequency of events will be conducted as specified until otherwise approved by the NYSDEC and

the NYSDOH.

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Figure 6 Monitoring Wells

APPROXIMATE GAS

HYD

POSSIBLE WV

HYD

OLD HYD

TPED

DITCH

3' WIDE CONCRETE BULKHEAD WALL

CRUSHED STONE

CONCRETE

CURB

CONCRETE DECK

CONCRETE BLOCK

RETAINING WALL

BUILDING

CONCRETE

FOOTING (TYP.)

CONCRETE

4' HIGH CHAIN

LINK FENCE

UP NYNEX 17

8' HIGH CHAIN

LINK FENCE

8' HIGH CHAIN

LINK FENCE

CONCRETE

CONCRETE BLOCK RETAINING WALL

BUILDING

1.2' WIDE CONCRETE BROKEN

8' HIGH CHAIN

LINK FENCE

8' HIGH CHAIN

LINK FENCE

CONCRETE RETAINING

WALL

CONCRETE RETAINING

WALL

GRANITE CURB

2 STORY CONCRETE

BLOCK BUILDING

BROKEN CONCRETE

CONCRETE

METAL SHEETING AT EDGE OF CREEK

BROKEN CONCRETE

MADISON STREET

(60' WIDE R.O.W.)

UMH

TF=22.50

8' HIGH CHAIN LINK FENCE

47.2'±

1934 U.S. PIERHEAD AND BULKHEAD LINE PER MAP REFERENCE NO. 1

POESTEN KILL

FLOW

THICK

VEGETATION

27.78

23.86

23.64

23.20

23.10

23.14

24.06

24.49

24.18

24.12

23.27

24.20

23.21

23.14

23.16

23.20

23.91

22.82

22.96

23.13

23.17

23.29

24.10

24.12

24.16

24.14

23.18

22.90

22.80

23.18

23.11

23.15

23.14

14.23

14.24

14.23

14.16

14.19

14.34

22.58

23.11

22.96

23.54

24.13

MONITORING WELLS

APRIL 2018

FIGURE 6

NYSDEC SITE NO. E442037

FORMER SCOLITE SITE

CITY OF TROY, RENSSELAER COUNTY, NEW YORK

MW-2

MW-1

MW-3

MW-4

MW-5

(NOT FOUND

IN 2016)

MW-6

MW-7

MW-8

NOTES:

1. MONITORING WELL LOCATIONS

ARE APPROXIMATE.

BUILDING REMOVED

2017

Concrete Surface Slab

Remains

BUILDING

REMOVED

2017

Concrete

Surface

Slab

Remains

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3.2 Cover Monitoring

During remedial implementation, a stone cover was installed on the surface of the Site in areas not

previously covered with concrete building slabs. Holes and unpaved areas within and adjacent to the

slabs were covered with new asphalt. Prior to placement of the stone, a geotextile fabric was installed as

a demarcation layer between the underlying regraded soil and the stone cover system. A visual

inspection of the stone, asphalt and concrete cover system shall be conducted at the time of each

groundwater monitoring event described in this SMP. The purpose of the visual inspection is to identify

any changes, such as damage or erosion to the surficial media, which could compromise the functionality

of the cover system. Since such changes could potentially increase the likelihood of exposure to

subsurface contamination remaining at the Site, the specific nature of the change shall be documented in

accordance with the reporting requirements contained in this SMP. A sample inspection report form for

the Site is included in Appendix F.

3.3 Media Monitoring Program

3.3.1 Groundwater Monitoring

Groundwater monitoring will be performed on a periodic basis to assess the performance of the remedy.

The monitoring and sampling plan may only be modified with the approval of the NYSDEC. The network

of monitoring wells has been maintained to monitor groundwater conditions at the Site. A total of eight

monitoring wells have been installed on the Site, although MW-5 was not located during installation of the

cover system. The approximate locations of these wells are shown on Figure 6. Characteristics of these

monitoring wells include:

Table 3.2 Monitoring Well Construction Details

Well ID Northing Easting Status

Total

Depth (ft.

bgs)

Top of

Casing

Elevation

(ft. amsl)*

Measuring

Point

Elevation

(PVC, ft.

amsl)*

MW-1 1417089.08 707539.88 Existing 23.57

MW-2 1416923.82 707493.38 Existing 23.02

MW-3 1416779.82 707458.76 Existing 21.49

MW-4 Existing 28.61

MW-6 1416808.31 707730.96 Existing 28.63

MW-7 1417036.44 707956.81 Existing 19.10

MW-8 1416701.27 707921.81 Existing 29.34

*Elevations to be determined

Locations are approximate and require field verification.

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Table 3.3 Wells to be Sampled

Deliverables for the groundwater monitoring program are specified below.

3.3.1.1 Sampling Protocol

All monitoring well sampling activities will be recorded in a field book and on a groundwater-sampling log

presented in Appendix G. Other observations (e.g. well integrity, etc.) will be noted on the well sampling

log. The well sampling log will serve as the inspection form for the groundwater monitoring well network.

In addition to standard sampling procedures listed in this SMP, additional measures must be observed

due to the sensitivity of 1,4-Dioxane and Perfluoroalkyl Substances (PFAS) sampling. Samplers should

not use products such as soaps, cosmetics, moisturizers, hand creams, etc. that may contain PFAS the

day of sampling. Insect repellents and sun-blocks must contain 100% natural ingredients, any other such

products may contain PFAS and are not permitted on the Site. Coated Tyvek clothing should be worn on-

site during sampling, and long hair should be tied back. All clothing must be well-laundered with minimal

use of soap and zero use of fabric softener. All footwear should be made with polyurethane and polyvinyl

chloride, and clothing or boots with Gore-Tex material are not permitted on the Site. Seats of the field

vehicle used during the sampling event must be covered with a well-laundered cotton blanket to avoid

cross contamination between any latent materials on the vehicle seats and the groundwater samples

being collected. Should sampling take place during wet weather, samplers should wear the appropriate

clothing that will not risk cross contamination, such as avoiding synthetic gear that has been treated with

a water repellant finish containing PFAS. Only gear made from wax-coated materials is acceptable.

3.3.1.2 Groundwater Level Measurements

Prior to groundwater sampling, the depth to groundwater will be measured in each well and the

groundwater elevation above mean sea level will be determined for each monitoring point. Water level

measurements will be used in conjunction with horizontal and vertical ground survey data to evaluate

horizontal and vertical components of groundwater flow. Water level measurements will also be used to

determine the volume of standing water in wells for purging activities.

Well ID

MW-1 MW-6

MW-2 MW-7

MW-3 MW-8

MW-4

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The following equipment will be used for the measurement of water levels:

• Electronic water level indicator;

• Field log book and pen; and

• Photoionization Detector (PID).

At each monitoring well, the cap and internal riser cover will be removed. The headspace and breathing

zone air quality will be monitored with the PID. This step may be omitted in subsequent rounds of water

level measurements in those wells that yielded no detectable amounts of vapors or gases from prior

sampling rounds.

The battery of the electronic water level indicator will be checked by pushing the battery check button and

waiting for the audible signal to sound or the instrument light to come on. The water level indicator will be

decontaminated before use in each well by using an Alconox wash and laboratory certified PFAS-free

water rinse. The instrument will then be turned on and the probe will be slowly lowered into the well, until

the audible signal is heard, or the instrument light goes on, indicating that the sensor in the probe has

made contact with the water surface in the well.

The depth to water will be recorded to the nearest one-hundredth of a foot, from the top of the measuring

mark on the well riser. The date, time, well number, and depth to water will be recorded in the field

logbook in indelible ink.

3.3.2 Monitoring Well Inspection

Prior to collecting groundwater samples, each monitoring well will be inspected for the following:

• Damage to the cover or protective casing, if visible above the ground surface;

• Erosion of the cover system in the area immediately surrounding the casing;

• Operable lock, if appropriate; and

• Damage to the monitoring well surface seal.

3.3.2.1 Monitoring Well Sampling Procedures

The following equipment will be needed to collect groundwater samples for analysis:

• Electric water level indicator;

• Peristaltic pump;

• High-density polyethylene tubing;

• Temperature, pH, dissolved oxygen, specific conductivity and turbidity meters;

• Photoionization detector;

• Field logbook and field logs (must be loose paper);

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• Laboratory prepared sample containers (polypropylene or HDPE sample bottles);

• Roll of polyethylene sheeting; and

• Decontamination equipment.

Groundwater sampling will be conducted in accordance with the USEPA Low-Flow Sampling Protocol

(USEPA 1998). A piece of high-density polyethylene (HDPE) sheeting will be fitted over the monitoring

well and laid on the ground. The sampling equipment will be placed on the HDPE sheeting. The

expansion cap will be removed and the headspace at the top of the monitoring well will be measured with

a PID. This step may be omitted in those monitoring wells which have already demonstrated in the

previous rounds of water level measurements that they contain no or insignificant amounts of vapors or

gases. The PID will be calibrated before the start of each sampling event.

Clean, new HDPE tubing will be attached to the peristaltic pump. The tubing will be lowered into the water

column to a maximum depth of two feet above the bottom of the well. The well will be purged at a rate

suitable to minimize drawdown. Field parameters, consisting of pH, specific conductance, temperature,

dissolved oxygen, reduction potential, turbidity, and water level will be measured in each monitoring well

prior to, during, and after purging (just before sampling) through the use of a flow-through cell. Both the

pH and the specific conductivity meters will be calibrated for water temperature before each sampling

event.

The volume of water removed from each monitoring well will be dependent upon the amount of time

required for stabilization of the field parameters. In general, the well will be considered stabilized for

sample collection when field parameters have stabilized for three consecutive readings as follows:

• pH: +/- 0.1 standard units

• Specific Conductance: +/- 3%

• Reduction Potential: +/- 10 millivolts

• Dissolved Oxygen: +/- 10%

• Turbidity: +/- 10%

When the field parameters have stabilized, the volume of water purged will be recorded, and groundwater

in the monitoring well will be sampled through the pump at the same flow rate used to purge the well.

Groundwater that is purged from monitoring wells or discharged during drilling activities may be disposed

of at the Site and allowed to infiltrate into the ground based on the following conditions:

1. There is a defined Site which is the source of the groundwater contamination;

2. There is no free product, such as LNAPLs and DNAPLs, observed;

3. Recharge pits are used to preclude run-off from the Site and the pits are covered with clean cover

stone when no longer needed; and

4. The infiltrating groundwater is being returned to the same water-bearing zone from which it is

being purged.

If the above criteria are not met, the materials will be containerized in U.N.-approved, 55-gallon steel

drums. The contents will be identified on weather-resistant labels attached to drum exteriors.

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Upon completion of sampling, the sample bottles will be immediately placed in a cooler held at 4

C, using

sealable plastic/polyethylene bags to hold the ice. Cooler ice must not be chemical or “blue” ice. Sample

containers collected for perfluoroalkyl substances (PFAS) must be kept in a separate cooler if sampling to

detect contaminants other than PFAS are collected during the same event.

Non-powdered nitrile disposable gloves will be worn by the sampling personnel and changed frequently in

the following circumstances:

• Prior to decontamination of equipment;

• After contact with any non-decontaminated surface;

• Prior to contact with sample bottles;

• Between putting labels on sample bottles and sample collection;

• Before and after handling water quality meters;

• Before and after insertion of equipment into the monitoring wells (i.e. tubing, interface probe); and

• Before and after handling of any quality control/assurance samples.

Groundwater samples will be sent to a NYSDOH ELAP and NYSDEC ASP-approved analytical laboratory

under chain-of-custody procedures for analysis of 1,4-Dioxane by USEPA Method 8270 SIM, PFAS

(linear and non-linear branch isomers) by USEPA Method 537, SVOCs by USEPA Method 8270C, PCBs

by USEPA Method 8082, and Target Analyte List (TAL) metals by USEPA Method 6010B:

Table 3.4 Analyte List

Analytes

Aluminum Copper Selenium

Antimony Iron Silver

Arsenic Lead Sodium

Barium Magnesium Thallium

Beryllium Manganese Tin

Cadmium Mercury Titanium

Calcium Molybdenum Vanadium

Chromium Nickel Zinc

Cobalt Potassium 1,4-Dioxane

SVOCs

Perfluorinated Alkyl Acids (linear

and non-linear branch isomers)

PCBs

If the turbidity of the groundwater samples is greater than 50 Nephelometric Turbidity Units (NTUs) at the

conclusion of well purging, total (unfiltered) and dissolved (filtered) fraction groundwater samples will be

collected. The dissolved fraction groundwater samples will be filtered using a 0.45 micron in-line

disposable filter.

In the event a spill occurs while sampling, liquids should be absorbed with an inert material, such as

vermiculite or sand. That material should then be placed in a suitable closed container. Spark-proof tools

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and explosion-proof equipment should be used during clean up. Any solids should be collected with an

electrically-protected vacuum cleaner or by wet-brushing.

3.3.3 Field Quality Control Samples

Quality control procedures will be employed to ensure that sampling, transportation and laboratory

activities do not bias sample analytical quality. Duplicate samples, matrix spike samples and matrix spike

duplicates will provide a quantitative basis for validating the analytical data. A summary of the anticipated

QA/QC samples for each media is included in Tables 3.5 and 3.6.

Table 3.5 QA/QC Samples – Groundwater

QA/QC Sample Type

Number of QA/QC

Samples

Duplicate

1 duplicate for every 20

samples collected or 1

duplicate for every 7

calendar days of sampling

MS/MSD

1 MS/MSD for every 20

samples collected or 1

MS/MSD for every 7

calendar days of sampling

Table 3.6 QA/QC Samples – Storm Water

QA/QC Sample Type

Number of QA/QC

Samples

Duplicate

1 duplicate for every 20

samples collected or 1

duplicate for every 7

calendar days of sampling

MS/MSD

1 MS/MSD for every 20

samples collected or 1

MS/MSD for every 7

calendar days of sampling

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3.3.3.1 Matrix Spike/Matrix Spike Duplicates

Matrix spike (MS) and matrix spike duplicate (MSD) sample pairs are analyzed by the laboratory to

provide a quantitative measure of the laboratory’s precision and accuracy. Field personnel will specify

samples for MS/MSD analysis. Extra volume is not required for aqueous samples for inorganic analysis.

3.3.3.2 Field Duplicates

For each sample matrix, a field duplicate sample will be collected at a rate of one sample per 20

environmental samples per media. The duplicate sample is collected at the same location as the

environmental sample. The field duplicate sample is identified using the sample designation system

described in this Section. The identity of the field duplicate is not revealed to the laboratory. The analytical

results of the environmental samples will be compared to the corresponding field duplicate samples, to

evaluate field sampling precision.

3.3.3.3 Sample Designation

A sample numbering system will be used to identify each sample. This system will provide a tracking

procedure to allow retrieval of information about a particular sample, and will assure that each sample is

uniquely numbered. The sample identification will consist of at least four components as follows:

• Project Identification: The first component consists of a three-letter designation, which identifies

the project Site. For this project, the three-letter designation will be FSS for Former Scolite Site.

• Sample Type: The second component, which identifies the sample type, will consist of a two-

letter code as follows:

o MW – Monitoring well (Groundwater Sample, determined by the existing well ID)

o SW – Storm water (Storm water Sample from a drainage discharge point)

• Sample Identification: The third component will be used to uniquely identify each sample for

NYSDEC EQuIS EDD purposes. The sampling date will be used and will be provided in the

following format:

o MMDDYYYY (i.e. August 16, 2016 would be 08162016)

• Quality Assurance/Quality Control Samples: The samples will be labeled with the following

suffixes:

o MS – Matrix Spike

o MSD – Matrix Spike Duplicate

Duplicate samples will be numbered uniquely as if they were samples.

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A record of identification for duplicate samples will be maintained.

Examples of identification numbers are given below:

FSS-MW-01-08162016: Monitoring well groundwater sample, monitoring well ID MW-01, location one,

collected August 16, 2016.

FSS-MW-01-08162016-MS: Monitoring well groundwater sample, monitoring well ID MW-01, location

one, collected on August 16, 2016, matrix spike.

3.3.4 Field Documentation – General

Documentation of an investigative team’s field activities often provides the basis for technical Site

evaluations and other such related written reports. All records and notes generated in the field will be

considered controlled evidentiary documents and may be subject to scrutiny in litigation.

Personnel designated as being responsible for documenting field activities must be aware that all notes

may provide the basis for preparing responses for legal interrogatories. Field documentation must provide

sufficient information and data to enable reconstruction of field activities. The following information must

be provided on the inside front cover of each field logbook:

• Project Name (Site Name);

• Site Location;

• Site Manager; and

• Date of Issue.

Control and maintenance of field logbooks is the responsibility of the Field Team Leader.

3.3.5 Documentation of Field Activities

Field logbook entries must be legibly written and provide an unbiased, concise, detailed picture of all field

activities. Use of preformatted data reporting forms must be identifiable and referenced to field notebook

entries.

Step-by-step instructions and procedures for documenting field activities are provided below and in

following sub-sections. Instruction and procedures relating to the format and technique in which field

logbook entries are made are as follows:

• All logging taken in the field must be documented on loose paper, waterproof paper must not be

used. Should a clip board be used, Masonite or Aluminum clip boards are applicable.

• Leave the first two pages blank. They will provide space for a table of contents to be added when

the field logbook is complete.

• The first written page for each day identifies the date, time, Site name, location, personnel and

their responsibilities, other non-personnel present, and observed weather conditions. Additionally,

during the course of Site activities, deviations from the work plan must also be documented.

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• All photos taken must be traceable to field logbook entries. It is recommended to reference photo

locations to the Site sketch or map.

• All entries must be made in ink.

• All entries must be accompanied by the appropriate military time (such as 1530 instead of 3:30).

• Errors must be lined through and initialed. No erroneous notes are to be made illegible.

• The person documenting must sign and date each page as it is completed.

• Isolated logbook entries made by a team member, other than the team member designated

responsible for field documentation, must be signed and dated by the person making the entry.

• Additions, clarifications, or corrections made after completion of field activities must be dated and

signed.

3.3.6 General Site Information

General Site characteristics must be recorded. Information may include:

• Type of access into facility (locked gates, etc.)

• Anything that is unexpected on-site (e.g. appearance of drums that have not been previously

recorded).

• Information obtained from interview with Site personnel (if applicable), or other interested party

contact on the Site.

• Name of any community contacts at the Site.

• A Site map or sketch. It can be sketched into the logbook or attached to the book.

3.3.7 Sample Activities

A chronological record of each sampling activity must be kept.

• Explanation of sampling at the location identified in the sampling plan (e.g., discolored soil,

stressed vegetation).

• Exact sample location, using permanent recognizable landmarks and reproducible

measurements.

• Sample matrix.

• Sample descriptions - i.e., color, texture, odor (e.g., soil type, murky water) and any other

important distinguishing features.

• Decontamination procedures, if used.

As part of chain-of-custody procedures, recorded on-site sampling information must include sample

number, date, time, sampling personnel, sample type, designation of sample as grab or composite, and

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identify any preservative used. Sample locations should be referenced by sample number on the Site

sketch or map. The offer and/or act of providing sample splits to a third party (e.g. the responsible party

representative; state, county, or municipal environmental and/or health agency, etc.) must be

documented. Sample tracking and custody will be documented between sample collection and

laboratories.

3.3.7.1 Sample Dispatch Information

When sampling is complete, all sample documentation such as chain-of-custody forms shall be copied,

and copies placed in the project files. A notation of the number of coolers shipped, carrier and time

delivered to pick-up point should be made in a field notebook.

3.3.7.2 Monitoring Well Repairs, Replacement and Decommissioning

If bio-fouling or silt accumulation occurs in the on-Site and/or off-site monitoring wells, the wells will be

physically agitated/surged and redeveloped. Additionally, monitoring wells will be properly

decommissioned and replaced (as per the SMP), if an event renders the wells unusable.

Repairs and/or replacement of wells in the monitoring well network will be performed based on

assessments of structural integrity and overall performance.

The NYSDEC will be notified prior to any repair or decommissioning of monitoring wells for the purpose of

replacement, and the repair or decommissioning and replacement process will be documented. Well

decommissioning without replacement will be done only with the prior approval of the NYSDEC. Well

abandonment will be performed in accordance with the NYSDEC’s “Groundwater Monitoring Well

Decommissioning Procedures.” Monitoring wells that are decommissioned because they have been

rendered unusable will be reinstalled in the nearest available location, unless otherwise approved by the

NYSDEC.

3.3.8 Storm Water Monitoring

To maintain proper drainage at the Site, the stone, concrete and asphalt surfaces will be visually

inspected for damage, puddling/ponding and debris build up, and the inspection will be documented in the

field book.

Storm Water Sampling Procedures

The following equipment will be needed to collect a storm water sample for analysis:

• Peristaltic pump.

• HDPE tubing.

• Temperature, pH, dissolved oxygen, specific conductivity and turbidity meters.

• Field logbook and field logs (must be loose paper).

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• Laboratory prepared sample containers (polypropylene or HDPE sample bottles).

If water is present on the cover surface, a grab sample will be collected. A single set of field parameters,

consisting of pH, specific conductance, temperature, dissolved oxygen, reduction potential, turbidity, and

water level will be measured once prior to sampling. Both the pH and the specific conductivity meters will

be calibrated for water temperature before each sampling event. If the turbidity of the storm water

samples is greater than 50 NTUs, total (unfiltered) and dissolved (filtered) fraction storm water samples

will be collected. The dissolved fraction storm water samples will be filtered using a 0.45 micron in-line

disposable filter. To obtain a filtered sample, the storm water will need to be collected with a peristaltic

pump, in order for the water to be pumped through the filter.

The storm water sampling frequency may be modified based on review of collected data by the NYSDEC.

The SMP will be modified to reflect future changes in sampling plans approved by the NYSDEC.

Upon completion of sampling, the sample bottles will be immediately placed in a cooler held at 4

Disposable non-powdered nitrile gloves will be worn by the sampling personnel and changed at a

frequency consistent with the groundwater sampling procedures listed in Section 3.3.2.1 of this SMP.

Storm water samples will be sent to a NYSDOH ELAP and NYSDEC ASP-approved analytical laboratory

under chain-of-custody procedures for analysis of 1,4-Dioxane by USEPA Method 8270 SIM, PFAS

(linear and non-linear branch isomers) by USEPA Method 537, SVOCs by USEPA Method 8270C, PCBs

by USEPA Method 8082, and Target Analyte List (TAL) metals by USEPA Method 6010B.

Sample designation and field documentation are identical to groundwater monitoring methods as

previously described.

3.4 Site – Wide Inspection

Site-wide inspections will be performed on a regular schedule at a minimum of once each year. Site-wide

inspections will be also performed after all severe weather conditions that may affect Engineering

Controls or monitoring devices. During these inspections, an inspection report form will be completed

(Appendix F). The form will compile sufficient information to assess the following:

• Compliance with all ICs, including Site usage;

• An evaluation of the condition and continued effectiveness of ECs;

• General Site conditions at the time of the inspection;

• The Site management activities being conducted, including, where appropriate, confirmation

sampling and a health and safety inspection;

• Compliance with permits and schedules included in the Operation and Maintenance Plan; and

• Confirm that Site records are up to date.

3.5 Monitoring Quality Assurance/Quality Control

Not applicable to the monitoring phase at the Former Scolite Site. Sampling QA/QC can be found in

Section 3.3.3 of this SMP.

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3.6 Monitoring Reporting Requirements

Forms and any other information generated during regular monitoring events and inspections will be kept

on file by the NYSDEC. All forms, and other relevant reporting formats used during the

monitoring/inspection events, will be prepared in accordance with the NYSDEC’s standards and as

specified in this SMP.

Monitoring results will be collected by the NYSDEC on an annual basis for the first five years following

completion of the remedial construction.

The results will include the following information:

• Date of monitoring event;

• Personnel conducting sampling;

• Description of the activities performed;

• Type of samples collected (e.g., groundwater, storm water, etc.);

• Copies of all field forms completed (e.g., well sampling logs, chain-of-custody documentation,

etc.);

• A figure illustrating sample type and sampling locations;

• A figure illustrating potentiometric contours;

• Copies of all laboratory data sheets and the required laboratory data deliverables for all points

sampled (to be submitted electronically in the NYSDEC-identified format);

• Any observations, conclusions, or recommendations; and

• A determination as to whether groundwater conditions have changed since the last reporting

event.

Data will be reported in hard copy or digital format as determined by the NYSDEC. A summary of the

monitoring program deliverables is in Table 3.7.

Table 3.7 Schedule of Monitoring/Inspection Reports

Task Reporting Frequency*

Groundwater and Storm Water Monitoring and Site

Inspection Report

Annually for first five years

*The frequency will be conducted as specified until otherwise approved by the NYSDEC.

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4 Operation and Maintenance Plan

4.1 Introduction

The Site remedy does not rely on any mechanical systems. Therefore, the operation and maintenance of

such components is not included in this SMP. The condition of chain-link fence and the cover system will

be inspected as part of the Site Inspection, and any damage will be documented and promptly repaired.

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5 Inspections, Reporting and Certifications

5.1 Site Inspections

5.1.1 Inspection Frequency

All inspections will be conducted at the frequency specified in the schedules provided in Section 3 of this

SMP. Inspections of remedial components will be conducted annually for the first five years following

completion of remedial construction, or whenever a severe weather event has taken place, such as an

erosion or flooding event that may affect the ECs.

5.1.2 Inspection Forms, Sampling Data, Maintenance Reports

All inspections and monitoring events will be recorded on the appropriate section of the inspection report

form for their respective system. The inspection report form is contained in Appendix F. Additionally, a

general Site-wide inspection form will be completed during the Site-wide inspection (see Appendix F).

These forms are subject to NYSDEC revision.

5.1.3 Evaluation of Records and Reporting

The results of the inspection and Site monitoring data will be evaluated as part of the EC/IC certification

demonstrating that the:

• EC/ICs are in place, are performing properly, and remain effective;

• The Monitoring Plan is being implemented;

• Operation and maintenance activities are being conducted properly; and

• The Site remedy continues to be protective of public health and the environment, and is

performing as designed in the RAWP and RD.

5.2 Certification of Institutional Controls

For each institutional control identified for the Site, it shall be determined that all of the following

statements are true:

• The institutional control employed at this Site is unchanged from the date the control was put in

place, or last approved by the NYSDEC;

• Nothing has occurred that would impair the ability of the control to protect the public health and

the environment;

• Nothing has occurred that would constitute a violation or failure to comply with any Site

management plan for this control;

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• Access to the Site will continue to be provided to the NYSDEC to evaluate the remedy, including

access to evaluate the continued maintenance of this control;

• If a financial assurance mechanism is required under the oversight document for the Site, the

mechanism remains valid and sufficient for the intended purpose under the document;

• Use of the Site is compliant with the environmental easement;

• The information presented in this report is accurate and complete;

• No new information, including groundwater monitoring data from the wells located at the Site

boundary, if any, indicate that the assumptions made in the qualitative exposure assessment of

off-site contamination are no longer valid;

• Every five years the following certification will be added: “The assumptions made in the qualitative

exposure assessment remain valid”; and

• The Owner’s representative shall certify that all information and statements in the certification

form are true. A false statement made is punishable as a Class “A” misdemeanor, pursuant to

Section 210.45 of the Penal Law.

5.3 Periodic Review Report

A Periodic Review Report will be prepared and submitted to the NYSDEC every year, beginning twelve

months after the Certificate of Completion is issued. In the event that the Site is subdivided into separate

parcels with different ownership, a single Periodic Review Report will be prepared that addresses the Site

depicted and described in Appendix A, including the metes and bounds of the environmental easements.

The report will be prepared in accordance with NYSDEC DER-10 and will include:

• Identification, assessment and certification of all EC/ICs required by the remedy for the Site;

• Results of the required annual Site inspections and severe condition inspections, if applicable;

• All applicable inspection forms and other records generated for the Site during the reporting

period in electronic format;

• A summary of any discharge monitoring data and/or information generated during the reporting

period with comments and conclusions in electronic format;

• Data summary tables and graphical representations of contaminants of concern by media

(groundwater, soil vapor), which include a listing of all compounds analyzed, along with the

applicable standards, with all exceedances highlighted. These will be submitted in electronic

format, as determined by the NYSDEC. These will include a presentation of past data as part of

an evaluation of contaminant concentration trends;

• Results of all analyses, copies of all laboratory data sheets, and the required laboratory data

deliverables for all samples collected during the reporting period; and

• A Site evaluation, which includes the following:

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o The compliance of the remedy with the requirements of the Site-specific RAWP, ROD or

Decision Document;

o Assessment of the operation and the effectiveness of all treatment units, etc., including

identification of any needed repairs or modifications;

o Any new conclusions or observations regarding Site contamination based on inspections

or data generated by the Monitoring Plan for the media being monitored;

o Recommendations regarding any necessary changes to the remedy and/or Monitoring

Plan; and

o The overall performance and effectiveness of the remedy.

5.4 Corrective Measures Plan

If any component of the remedy is found to have failed, or if the periodic certification cannot be provided

due to the failure of an institutional or engineering control, a corrective measures plan will be prepared

and submitted to the NYSDEC. This plan will explain the failure and provide the details and schedule for

performing the work necessary to correct the failure.

APPENDIX A

Cover Limit Description and Final Survey

Metes and Bounds Description of Stone Boundary and the Former Site Scolite International Corp. in the

City of Troy

ALL that Certain stone boundary situated in the Town of Troy, County of Rensselaer, State of New York,

lying along the Northerly side of Madison Street, being shown as apportion of the map entitled

“FINISHED GRADE TOPOGRAPHY LANDS N/F CITY OF TROY”, prepared by NMB Land Surveying PLLC,

dated September 23

, 2016, and being more particularly bounded and described as follows:

Beginning at a point which is located on the south easterly corner of the property, being approximately

13 feet northwesterly of utility pole NM 6 and 29 feet northeasterly of said fire hydrant and then the

stone boundary being described to the west, thence along the said northerly side of Madison Street the

following 12 courses:

thence N 83°35'52" W a distance of 109.88';

thence N 86°55'50" W a distance of 58.79';

thence N 80°49'07" W a distance of 175.51';

thence N 79°13'57" W a distance of 81.43';

thence N 74°17'33" W a distance of 92.42';

thence N 14°04'02" E a distance of 462.58';

thence S 79°24'49" E a distance of 22.15';

thence S 74°37'22" E a distance of 67.75';

thence S 80°38'09" E a distance of 230.86';

thence S 89°41'09" E a distance of 59.29';

thence S 78°56'57" E a distance of 94.06';

thence S 08°36'36" W a distance of 459.57';

which is the point of beginning, having an area of 230246.08 square feet, 5.286 acres of land.

Being a portion of lands conveyed to City of Troy by deed reel 267 Frame 1206, also described as Lands

Now of Formerly of Scolite International Corp. Book 1301 page 182, also Map I.D. No. 111.28-4-1.

APPENDIX B

Contamination Information

Madison St

SS-9

SS-8

SS-7

SS-6

SS-5

SS-4

SS-3

SS-2

SS-1

SS-14

SS-13

SS-12

SS-11

SS-10

MW-8

MW-7

MW-6

MW-5

MW-4

MW-3

MW-2

MW-1

New York State

Department of Environmental

Conservation

Division of

Environmental Remediation

Former Scolite,

Troy

DEC Site No.: E4-42-037

FIGURE 3

Exceedences of all

Compounds in

Groundwater & Surface

Soils(Commercial SCOs)

Map Details

Created in ArcMap 9.3

10.19.2010

UNAUTHORIZED DUPLICATION

IS A VIOLATION OF

APPLICABLE LAWS

North American Datum 1983

UTM Zone 18

Benzo(a)pyrene

100 0 100 20050

Feet

LEGEND

- SOIL EXCEEDENCE (0-2 inches bgs)

(1.7)

- CONCENTRATION IN PPM

Benzo(a)pyrene (2.6)

Arsenic (25.9)

- GROUNDWATER MONITORING WELL

- SURFACE SOIL SAMPLE LOCATION

Benzo(a)pyrene (4.2)

Dibenz(a,h)anthracene (0.6)

Arsenic (16.1)

Cadmium (11.2)

Benzo(b)flouranthene (6.9)

Benzo(a)pyrene (4.4)

Dibenz(a,h)anthracene (0.8)

Benzo(a)anthracene (5.6)

Benzo(b)flouranthene (7.3)

Copper (557)

Benzo(a)anthracene (16)

Benzo(b)flouranthene (19)

Benzo(a)pyrene (13)

Dibenz(a,h)anthracene (2.6)

Indeno(1,2,3-cd)pyrene (6.5)

Cadmium (10.9)

Copper (174)

Benzo(a)pyrene (1.9)

Arsenic (18.3)

Cadmium (10.7)

PCB (7.3)

Benzo(a)pyrene (1.9)

Mercury (6.2)

Benzo(a)pyrene (2.2)

Benzo(a)pyrene (1.0)

Benzo(a)pyrene (2.0)

Cadmium (11.1)

Lead (1230)

PCB (4.6)

Arsenic (18.1)

Cadmium (57.1)

Chromium (6812)

Copper (891)

Nickel (843)

PCB (2.4)

Barium (728)

Cadmium (29)

Copper (823)

Lead (1410)

PCB (3.0)

Cadmium (20.5)

PCB (1.2)

Aluminum

- GROUNDWATER EXCEEDENCE

Iron

Manganese

Aluminum

Iron

Manganese

Aluminum

Iron

Manganese

Aluminum

Iron

Manganese

Aluminum

Iron

Manganese

Heptachlor Epoxide

Iron

Manganese

Aluminum

Iron

Manganese

Aluminum

Iron

Manganese

SB-9

SB-8

SB-7

SB-6

SB-5

SB-4

SB-3

SB-2

SB-1

SB-15

SB-14

SB-13

SB-12

SB-11

SB-10

TP-7

TP-6

TP-5

TP-4

TP-3

TP-2

TP-1

New York State

Department of Environmental

Conservation

Division of

Environmental Remediation

Former Scolite

Troy

DEC Site No.: E4-42-037

FIGURE 4

Exceedences of all

Compounds in

Subsurface Soils

(Commercial SCOs)

Map Details

Created in ArcMap 9.3

10.19.2010

UNAUTHORIZED DUPLICATION

IS A VIOLATION OF

APPLICABLE LAWS

North American Datum 1983

UTM Zone 18

Benzo(a)anthracene (7.3)

Benzo(a)pyrene (5.8)

Copper (2760)

Benzo(a)pyrene

100 0 100 20050

Feet

LEGEND

- SOIL EXCEEDENCE (0-2 ft bgs)

- SOIL EXCEEDENCE (more than 2 ft bgs)

(1.7)

- CONCENTRATION IN PPM

Benzo(a)pyrene (1.7)

- TEST PIT

- SOIL BORING

Arsenic (16.6)

Benzo(a)pyrene (1.6)

1,2,4 Trimethylbenzene (6.6)

Toluene (0.77)

Arsenic (21.5)

Cadmium (12.2)

Chromium (716)

Copper (747)

PCB (3.8)

Also: Freon 11 (6.0 - no SCO)

Arsenic (20.7)

Benzo(a)pyrene (1.0)

Arsenic (24.3)

Arsenic (31.0)

Arsenic (16.8)

Arsenic (39.1)

Arsenic (17.7)

Cadmium (10.9)

Arsenic (24.8)

Copper (1260)

Arsenic (44.3)

Benzo(a)pyrene (1.7)

APPENDIX C

Fugitive Dust and Particulate Monitoring

Final DER-10 Page 207 of 226

Technical Guidance for Site Investigation and Remediation May 2010

Appendix 1B

Fugitive Dust and Particulate Monitoring

A program for suppressing fugitive dust and particulate matter monitoring at hazardous waste sites

is a responsibility on the remedial party performing the work. These procedures must be incorporated

into appropriate intrusive work plans. The following fugitive dust suppression and particulate

monitoring program should be employed at sites during construction and other intrusive activities which

warrant its use:

1. Reasonable fugitive dust suppression techniques must be employed during all site activities

which may generate fugitive dust.

2. Particulate monitoring must be employed during the handling of waste or contaminated soil or

when activities on site may generate fugitive dust from exposed waste or contaminated soil. Remedial

activities may also include the excavation, grading, or placement of clean fill. These control measures

should not be considered necessary for these activities.

3. Particulate monitoring must be performed using real-time particulate monitors and shall

monitor particulate matter less than ten microns (PM10) with the following minimum performance

standards:

(a) Objects to be measured: Dust, mists or aerosols;

(b) Measurement Ranges: 0.001 to 400 mg/m3 (1 to 400,000 :ug/m3);

+/- 1.5 g/m3 for sixty second averaging;

(d) Accuracy: +/- 5% of reading +/- precision (Referred to gravimetric calibration with SAE

fine test dust (mmd= 2 to 3 :m, g= 2.5, as aerosolized);

(e) Resolution: 0.1% of reading or 1g/m3, whichever is larger;

(f) Particle Size Range of Maximum Response: 0.1-10;

(g) Total Number of Data Points in Memory: 10,000;

(h) Logged Data: Each data point with average concentration, time/date and data point

number

(i) Run Summary: overall average, maximum concentrations, time/date of maximum, total

number of logged points, start time/date, total elapsed time (run duration), STEL concentration and

time/date occurrence, averaging (logging) period, calibration factor, and tag number;

(j) Alarm Averaging Time (user selectable): real-time (1-60 seconds) or STEL (15 minutes),

alarms required;

(k) Operating Time: 48 hours (fully charged NiCd battery); continuously with charger;

(l) Operating Temperature: -10 to 50

C (14 to 122

F);

(m) Particulate levels will be monitored upwind and immediately downwind at the working

site and integrated over a period not to exceed 15 minutes.

4. In order to ensure the validity of the fugitive dust measurements performed, there must be

appropriate Quality Assurance/Quality Control (QA/QC). It is the responsibility of the remedial party to

adequately supplement QA/QC Plans to include the following critical features: periodic instrument

calibration, operator training, daily instrument performance (span) checks, and a record keeping plan.

5. The action level will be established at 150 ug/m3 (15 minutes average). While conservative,

Final DER-10 Page 208 of 226

Technical Guidance for Site Investigation and Remediation May 2010

this short-term interval will provide a real-time assessment of on-site air quality to assure both health

and safety. If particulate levels are detected in excess of 150 ug/m3, the upwind background level must

be confirmed immediately. If the working site particulate measurement is greater than 100 ug/m3 above

the background level, additional dust suppression techniques must be implemented to reduce the

generation of fugitive dust and corrective action taken to protect site personnel and reduce the potential

for contaminant migration. Corrective measures may include increasing the level of personal protection

for on-site personnel and implementing additional dust suppression techniques (see paragraph 7). Should

the action level of 150 ug/m3 continue to be exceeded work must stop and DER must be notified as

provided in the site design or remedial work plan. The notification shall include a description of the

control measures implemented to prevent further exceedances.

6. It must be recognized that the generation of dust from waste or contaminated soil that

migrates off-site, has the potential for transporting contaminants off-site. There may be situations when

dust is being generated and leaving the site and the monitoring equipment does not measure PM10 at or

above the action level. Since this situation has the potential to allow for the migration of contaminants

off-site, it is unacceptable. While it is not practical to quantify total suspended particulates on a real-time

basis, it is appropriate to rely on visual observation. If dust is observed leaving the working site,

additional dust suppression techniques must be employed. Activities that have a high dusting potential--

such as solidification and treatment involving materials like kiln dust and lime--will require the need for

special measures to be considered.

7. The following techniques have been shown to be effective for the controlling of the

generation and migration of dust during construction activities:

(a) Applying water on haul roads;

(b) Wetting equipment and excavation faces;

(d) Hauling materials in properly tarped or watertight containers;

(e) Restricting vehicle speeds to 10 mph;

(f) Covering excavated areas and material after excavation activity ceases; and

(g) Reducing the excavation size and/or number of excavations.

Experience has shown that the chance of exceeding the 150ug/m3 action level is remote when the

above-mentioned techniques are used. When techniques involving water application are used, care must

be taken not to use excess water, which can result in unacceptably wet conditions. Using atomizing

sprays will prevent overly wet conditions, conserve water, and provide an effective means of

suppressing the fugitive dust.

8. The evaluation of weather conditions is necessary for proper fugitive dust control. When

extreme wind conditions make dust control ineffective, as a last resort remedial actions may need to be

suspended. There may be situations that require fugitive dust suppression and particulate monitoring

requirements with action levels more stringent than those provided above. Under some circumstances,

the contaminant concentration and/or toxicity may require additional monitoring to protect site

personnel and the public. Additional integrated sampling and chemical analysis of the dust may also be

in order. This must be evaluated when a health and safety plan is developed and when appropriate

suppression and monitoring requirements are established for protection of health and the environment.

APPENDIX D

Community Air Monitoring Program

Final DER-10 Page 204 of 226

Technical Guidance for Site Investigation and Remediation May 2010

Appendix 1A

New York State Department of Health

Generic Community Air Monitoring Plan

Overview

A Community Air Monitoring Plan (CAMP) requires real-time monitoring for volatile organic

compounds (VOCs) and particulates (i.e., dust) at the downwind perimeter of each designated work area

when certain activities are in progress at contaminated sites. The CAMP is not intended for use in

establishing action levels for worker respiratory protection. Rather, its intent is to provide a measure of

protection for the downwind community (i.e., off-site receptors including residences and businesses and

on-site workers not directly involved with the subject work activities) from potential airborne

contaminant releases as a direct result of investigative and remedial work activities. The action levels

specified herein require increased monitoring, corrective actions to abate emissions, and/or work

shutdown. Additionally, the CAMP helps to confirm that work activities did not spread contamination

off-site through the air.

The generic CAMP presented below will be sufficient to cover many, if not most, sites. Specific

requirements should be reviewed for each situation in consultation with NYSDOH to ensure proper

applicability. In some cases, a separate site-specific CAMP or supplement may be required. Depending

upon the nature of contamination, chemical- specific monitoring with appropriately-sensitive methods

may be required. Depending upon the proximity of potentially exposed individuals, more stringent

monitoring or response levels than those presented below may be required. Special requirements will be

necessary for work within 20 feet of potentially exposed individuals or structures and for indoor work

with co-located residences or facilities. These requirements should be determined in consultation with

NYSDOH.

Reliance on the CAMP should not preclude simple, common-sense measures to keep VOCs, dust,

and odors at a minimum around the work areas.

Community Air Monitoring Plan

Depending upon the nature of known or potential contaminants at each site, real-time air

monitoring for VOCs and/or particulate levels at the perimeter of the exclusion zone or work area will

be necessary. Most sites will involve VOC and particulate monitoring; sites known to be contaminated

with heavy metals alone may only require particulate monitoring. If radiological contamination is a

concern, additional monitoring requirements may be necessary per consultation with appropriate

DEC/NYSDOH staff.

Continuous monitoring will be required for all ground intrusive

activities and during the

demolition of contaminated or potentially contaminated structures. Ground intrusive activities

include, but are not limited to, soil/waste excavation and handling, test pitting or trenching, and the

installation of soil borings or monitoring wells.

Periodic monitoring for VOCs will be required during non-intrusive

activities such as the

collection of soil and sediment samples or the collection of groundwater samples from existing

monitoring wells. APeriodic@ monitoring during sample collection might reasonably consist of

taking a reading upon arrival at a sample location, monitoring while opening a well cap or

Final DER-10 Page 205 of 226

Technical Guidance for Site Investigation and Remediation May 2010

overturning soil, monitoring during well baling/purging, and taking a reading prior to leaving a

sample location. In some instances, depending upon the proximity of potentially exposed

individuals, continuous monitoring may be required during sampling activities. Examples of such

situations include groundwater sampling at wells on the curb of a busy urban street, in the midst of

a public park, or adjacent to a school or residence.

VOC Monitoring, Response Levels, and Actions

Volatile organic compounds (VOCs) must be monitored at the downwind perimeter of the

immediate work area (i.e., the exclusion zone) on a continuous basis or as otherwise specified. Upwind

concentrations should be measured at the start of each workday and periodically thereafter to establish

background conditions, particularly if wind direction changes. The monitoring work should be

performed using equipment appropriate to measure the types of contaminants known or suspected to be

present. The equipment should be calibrated at least daily for the contaminant(s) of concern or for an

appropriate surrogate. The equipment should be capable of calculating 15-minute running average

concentrations, which will be compared to the levels specified below.

1. If the ambient air concentration of total organic vapors at the downwind perimeter of the work

area or exclusion zone exceeds 5 parts per million (ppm) above background for the 15-minute average,

work activities must be temporarily halted and monitoring continued. If the total organic vapor level

readily decreases (per instantaneous readings) below 5 ppm over background, work activities can

resume with continued monitoring.

2. If total organic vapor levels at the downwind perimeter of the work area or exclusion zone

persist at levels in excess of 5 ppm over background but less than 25 ppm, work activities must be

halted, the source of vapors identified, corrective actions taken to abate emissions, and monitoring

continued. After these steps, work activities can resume provided that the total organic vapor level 200

feet downwind of the exclusion zone or half the distance to the nearest potential receptor or

residential/commercial structure, whichever is less - but in no case less than 20 feet, is below 5 ppm over

background for the 15-minute average.

3. If the organic vapor level is above 25 ppm at the perimeter of the work area, activities must be

shutdown.

4. All 15-minute readings must be recorded and be available for State (DEC and NYSDOH)

personnel to review. Instantaneous readings, if any, used for decision purposes should also be recorded.

Particulate Monitoring, Response Levels, and Actions

Particulate concentrations should be monitored continuously at the upwind and downwind

perimeters of the exclusion zone at temporary particulate monitoring stations. The particulate

monitoring should be performed using real-time monitoring equipment capable of measuring particulate

matter less than 10 micrometers in size (PM-10) and capable of integrating over a period of 15 minutes

(or less) for comparison to the airborne particulate action level. The equipment must be equipped with

an audible alarm to indicate exceedance of the action level. In addition, fugitive dust migration should

be visually assessed during all work activities.

Final DER-10 Page 206 of 226

Technical Guidance for Site Investigation and Remediation May 2010

1. If the downwind PM-10 particulate level is 100 micrograms per cubic meter (mcg/m

) greater

than background (upwind perimeter) for the 15-minute period or if airborne dust is observed leaving the

work area, then dust suppression techniques must be employed. Work may continue with dust

suppression techniques provided that downwind PM-10 particulate levels do not exceed 150 mcg/m

above the upwind level and provided that no visible dust is migrating from the work area.

2. If, after implementation of dust suppression techniques, downwind PM-10 particulate levels

are greater than 150 mcg/m

above the upwind level, work must be stopped and a re-evaluation of

activities initiated. Work can resume provided that dust suppression measures and other controls are

successful in reducing the downwind PM-10 particulate concentration to within 150 mcg/m

of the

upwind level and in preventing visible dust migration.

3. All readings must be recorded and be available for State (DEC and NYSDOH) and County

Health personnel to review.

December 2009

APPENDIX E

Monitoring Well Summary

Former Scolite Site

NYSDEC Site Number E442037

Existing Monitoring Well Data

Bottom TOC Footing

MW-1 11.59 23.57 Soft Broken Loose/Broken Soil

MW-2 12.08 23.02 Soft Intact Broken Concrete Concrete then soil

MW-3 11.89 21.49 Soft Broken N/A Soil

MW-4 21.36 28.61 Soft Intact Concrete Concrete Iron-bearing groundwater (orange color) noted on probe

MW-5 N/A N/A N/A N/A N/A Soil MW-5 has not been located as of 8/9/2016

MW-6 20.99 28.63 Soft Intact Concrete Concrete

MW-7 DRY 19.10 Firm Broken N/A Soil

MW-8 21.07 29.34 Soft Intact Broken Concrete Soil

Definitions:

FT: Feet

TOC: Top of Casing

N/A: Not Applicable

Notes:

1. Monitoring Well data collected on 8/9/2016.

2. MW-5 was mapped in the March 2011 DEC Record of Decision as equidistant from MW-4 and MW-6.

Conditions

MW DTW (FT)

Surrounding Material Additional Notes

DTB (FT)

APPENDIX F

Inspection Report

New York Works

Former Scolite Site

NYSDEC Site Number E442037

Cover Inspection

Form

Time:

Date:

Weather

Conditions:

Were Photographs Taken ?

Inspection Checklist:

A. Concrete and Asphalt Cover:

The cover shall be inspected by traversing it and examining it for the following items:

Yes

1. Are there cracks, subsidence, or holes in the surface? ___

2. Is there any erosion damage to the concrete or asphalt areas?

3. Is there discoloration or evidence of spills on the surface?

4. Is there other evidence of disturbance to the area?

Is there debris or trash present?

Comments (Explanation required for each Yes answer in Section A):

B. Gravel Cover:

The gravel cover shall be inspected by traversing it and examining it for the following items:

Yes

1. Are there holes or subsidence of the gravel surface?

2. Is there evidence of burrowing by animals?

3. Is there any erosion damage to the gravel surface?

4. Is there discoloration or evidence of spills on the surface?

5. Is there other evidence of disturbance to the area?

Is there debris or trash present?

Comments (Explanation required for each Yes answer in Section B):

C. Site Drainage

The perimeter of the Site near adjacent properties shall be inspected by traversing the area

and examining it for the following:

Yes No

1. Is there any erosion damage?

2. Is there debris blocking drainage pathways?

3. Is there evidence of ponding or puddling of water?

Comments (Explanation required for each Yes answer in Section C):

General Comments, Site Notes and Observations of Activities on Adjacent Parcels Which Could

Interact With the Work:

Signature:

Inspector Date Organization

SITE/PROJECT NAME: PROJECT NUMBER:

DATE OF INSPECTION: INSPECTOR:

WELL DESIGNATION:

WELL LOCATION:

Outward Appearance

Flushmount Diameter ______ inches N/A [ ]

Approximate Stickup Height ______ feet N/A [ ]

Integrity of Protective Casing Describe: ______________________________________________________________

Protective Casing Material Steel [ ] Stainless Steel [ ] Other ________________________

Protective Casing Width or Dia. ______ inches

Weep Hole in Protective Casing Yes [ ] No [ ]

Surface Seal/Apron Material Cement [ ] Bentonite [ ]

Not apparent [ ] Other ________

Integrity of Surface Seal/Apron Describe: ______________________________________________________________

Surface Drainage Away from Wellhead [ ] Toward Wellhead [ ]

Bollards Present? Yes [ ] No [ ] Describe: _____________________________

Well ID. Visible? Yes [ ] No [ ] Describe: _____________________________

Lock Present and Functional? Yes [ ] No [ ] Describe: _____________________________

Photograph Taken? Photo # Yes [ ] No [ ] Describe: _____________________________

Inner Appearance

Integrity of Well Casing Describe: ______________________________________________________________

Integrity of Cap Seal Describe: ______________________________________________________________

Surface Water in Casing? Yes [ ] No [ ] Describe: _____________________________

Well Casing Diameter ______ inches

Well Casing Material PVC [ ] Steel [ ] Stainless Steel [ ]

Inner Cap Threaded [ ] Slip [ ] Expansion Plug [ ] None [ ]

Reference/Measuring Point Groove [ ] Indelible Mark [ ] None [ ]

Evidence of Double Casing? Yes [ ] No [ ] Describe: _____________________________

Downhole

Odor Yes [ ] No [ ] Describe: _____________________________

PID Reading ______ ppm

Depth to Water (to top of casing)

______ feet (nearest 0.01)

Depth to LNAPL _____ feet (nearest 0.01) N/A [ ]

Total Well Depth (to top of casing) ______ feet (nearest 0.1)

Sediment (Hard/Soft Bottom) Describe: ______________________________________________________________

Additional Comments:

GROUNDWATER MONITORING WELL INSPECTION

G:\PROJECT\00266425.0002\File\FS SMP\Scolite SMP 04-2018\Appendix D\GW Monitoring Well Inspection Form.xls

APPENDIX G

Groundwater Sampling Log

DATE:

PROJECT NAME:

PROJECT NUMBER:

SAMPLERS:

Vol.

A: Total Casing and Screen Length: Well I.D. Gal./ft.

1" 0.04

B: Casing Internal Diameter: 2" 0.17

3" 0.38

C: Water Level Below Top of Casing: 4" 0.66

5" 1.04

D: Volume of Water in Casing: 6" 1.50

8" 2.60

PARAMETER

Time

Gallons

Depth to Water

Temperature (

Redox (mV)

Conductivity (mohm/cm

Turbidity (ntu)

Disolved Oxygen (mg/l)

TDS

Salinity

Notes:

ACCUMULATED VOLUME PURGED

WELL DEVELOPMENT/ PURGING LOG

WELL NUMBER:

v = 0.0408 (B)

x (A-C) = D

v = 0.0408 ( )

x ( - ) = gal.

Arcadis CE, Inc.

855 Route 146

Suite 210

Clifton Park, NY 12065

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