Keep On Greening
By Patricia A. Harris, Partner, Zetlin & De Chiara LLP
On December 8th, the New York City Council enacted and sent to the Mayor for signature three additional green initiatives that will impact construction practices in the City.
Int. 0592-2011[1] requires increased filtering on new large ventilation equipment installed after January 1, 2013. Specifically, air-handling units of mechanical ventilation systems will be required to have a minimum efficiency reporting value (MERV) of 11. It is expected that this higher level of filtration will reduce levels of soot and certain other pollutants from indoor air, leading to increased worker comfort, reduced respiratory related illnesses and increased worker productivity. The new regulation will not apply to air-handling units of less than 5,000 cfm.
The second initiative, Int. 0576-2011[2], pertains to the run-off of concrete waste water from construction sites. Effective July 1, 2012, concrete washout water must be collected onsite in concrete trucks or special containers; such washout water must then be transported offsite for treatment and disposal, or contained onsite until completely evaporated. Currently, much of this washout water is run into the streets and the sewage system, which periodically outflows into the City's rivers. Concrete washout water typically has a pH above 12 which, according to the NYC Green Codes Task Force, is comparable to Drano. Such waste is toxic, can be harmful to humans and lethal to aquatic life. This regulation will not apply to small amounts of concrete (less than one and a half cubic yards) mixed onsite or bagge d ready mix in total quantities of less than 4,800 lbs.
Finally, Int. 0578-2011[3] mandates that most new streets and other paving projects use asphalt containing at least thirty (30%) percent reclaimed asphalt pavement or heavy duty asphalt (e.g., I-4 mix) containing at least ten (10%) percent reclaimed asphalt pavement. These standards for reclaimed asphalt usage are expected to result in both financial and environmental benefits. These requirements shall not apply on projects where the content of asphalt concrete is governed by federal or state legislation or guidelines specifying a different composition, or to surfaces utilized by aircraft. This local law shall take effect January 1, 2015.
These three initiatives bring to thirty-eight (38) the number of NYC Green Codes Task Force proposals that have been implemented at the federal or City level. For more information on the NYC Green Codes Task Force, see www.urbangreencouncil.org/greencodes.
The above article is an overview only, and should not be considered legal advice, which is dependent upon specific facts and circumstances. For more information, please contact Patricia Harris at 212.682.6800.
