INDEX NO. 154637/2020
`FILED: NEW YORK COUNTY CLERK 06/29/2020 01:08 PM
`5/27/2020
`COVID-19 Asbestos Control Program Guidance for Applicants | City of New York
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 06/29/2020
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`COVID-19 Asbestos Control Program Guidance
`for Applicants
`
`April 3, 2020
`
`Asbestos Control Program (ACP) Interpretation of the Governor’s Executive Order 2026:
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`NON-ESSENTIAL Construction MUST shutdown safely (other than a service disruption-heat/hot
`water) and includes: schools/universities; commercial properties; residential properties
`ESSENTIAL Construction may continue and includes: infrastructure (roads, bridges, transit
`facilities); Utilities (water/sewer/electric/heat, ConEd/National Grid/DEP); hospitals or health care
`facilities; emergency work related to a service disruption or COVID-19 work; affordable housing &
`homeless shelters (NYCHA/DHS)
`
`ACP-7 Form Process
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`ACTIVE Non-Essential Asbestos Projects: For asbestos projects which are currently in progress, ACP
`requires all parties to complete active asbestos projects within 24–72 hours in accordance with the
`project’s approved Contingency Plan. If there are multiple work areas, complete the work area which you
`are currently working on. Do not start another work area. Submit a partial closeout (ACP-15) for the
`completed work area and put the project on postponement.
`
`NON–ESSENTIAL ACP-7 Filings:
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`Approved ACP-7: All Non-Essential Asbestos Projects which have a valid start date but have not
`started are to be placed on postponement, immediately by the applicant.
`NON ESSENTIAL ACP-7 Filing Submission: ACP will continue to accept and review filings,
`approved filings will remain in objected state until the Governor’s mandate is lifted. Applicants will
`receive objection with an external comment: HOLD: COVID-19 Non-Essential
`
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`INDEX NO. 154637/2020
`FILED: NEW YORK COUNTY CLERK 06/29/2020 01:08 PM
`5/27/2020
`COVID-19 Asbestos Control Program Guidance for Applicants | City of New York
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 06/29/2020
`ESSENTIAL ACP-7 Filings: The ACP will only accept ACP-7 Filings for Essential Construction in
`accordance with executive order 2026. Essential projects should provide a Contingency Plan in the
`event that a shutdown is required.
`EMERGENCY Filings: The ACP will only process emergency filings related to service disruption
`(water/gas service line breaks, boiler outage, and debris clean-up) or for government facilities
`providing emergency services for COVID-19.
`
`ACP-8 Review Process
`
`NON-ESSENTIAL Project: ACP-8 are to be accepted when they are deleting ACM quantities so
`they can close out the job. Any other amendments will be reviewed on a case-by–case basis.
`ESSENTIAL Projects: ACP-8 will be processed as usual and a contingency plan should be
`provided.
`
`ACP-9/1-22b/Asbestos Technincal Review Unit Process
`
`NON-ESSENTIAL: Process same as ACP-7 criteria.
`ESSENTIAL Projects: Will be processed as usual and contingency plan should be provided.
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`COVID-19 Closeout Process: NON-ESSENTIAL Projects
`
`There are three options to close out/shut down ongoing projects due to COVID-19 (within 24–72 hours)
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`1. ACP-15 Entire Project closure
`2. ACP-15 Partial Project closure (after ACP-21 is issued, put project on postponement)
`3. When projects cannot result in the submission an ACP-15 (partial or entire), the applicant must
`submit a COVID-19 Asbestos Project Suspension Plan (minimum requirements are in outlined in
`the Immediate Suspension Non-Essential Active Asbestos Projects Announcement) and the
`COVID-19 Shut Down Report (download the COVID-19 Shutdown Report Template). Both should
`be submitted to covid19asbestos@dep.nyc.gov
`
`NON-ESSENTIAL Project Safe Shutdown
`
`NON-ESSENTIAL Projects should have submitted a contingency plan by close of business Monday,
`April 6, 2020. After Monday, April 6, 2020, applicants should submit a COVID-19 Asbestos Project
`Suspension Plan (minimum requirements are in outlined in the Immediate Suspension Non-Essential
`Active Asbestos Projects Announcement).
`
`Follow these directions for plan and shutdown report submissions:
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`1. CONTINGENCY PLAN: All NON-ESSENTIAL Projects which have a DEP approved contingency
`plan already, should shutdown their projects safely in accordance with their approved plan.
`Applicant needs to submit the COVID-19 Shutdown Report to covid19asbestos@dep.nyc.gov.
`2. COVID-19 ASBESTOS PROJECT SUSPENSION PLAN: When the Applicant does not have a
`DEP approved Contingency Plan for their NON-ESSENTIAL project, the Applicant should submit
`their COVID-19 Asbestos Project Suspension Plan (minimum requirements are in outlined in the
`Immediate Suspension Non-Essential Active Asbestos Projects Announcement) with the COVID-
`19 Shutdown Report (download the COVID-19 Shutdown Report Template) to
`covid19asbestos@dep.nyc.gov.
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`INDEX NO. 154637/2020
`FILED: NEW YORK COUNTY CLERK 06/29/2020 01:08 PM
`5/27/2020
`COVID-19 Asbestos Control Program Guidance for Applicants | City of New York
`NYSCEF DOC. NO. 4
`RECEIVED NYSCEF: 06/29/2020
`3. COVID SHUTDOWN REPORT: Required for all NON-ESSENTIAL projects which have either an
`approved and uploaded Contingency Plan or a COVID-19 Asbestos Project Suspension Plan
`(download the COVID-19 Shutdown Report Template).
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