Site assessment and mitigation letters

Compliance letters will be issued for projects with a Site Mitigation Environmental Database (SMED) case number. Brief descriptions of compliance letters are presented below for Health Code 22A (Maher Ordinance) and 22B (Construction Dust Ordinance).

Contact us at Department of Public Health's Site Assessment and Mitigation Program (DPH-SAM) if you have general questions.

An AEL indicates that a project has met the necessary Health Code 22A requirements to submit a complete building permit application. An AEL is required for a Full Permit or Addenda to Site Permit application from the Department of Building Inspection (DBI).

You will receive an AEL if your project has:

• Received a Maher Waiver
• Received a No Further Action letter
• Obtained approval of a Site Mitigation Plan (SMP) without engineering or institutional controls
• Obtained approval of a SMP with engineering or institutional controls and submitted an engineering control plan (ECP) or
• Completed an equivalent regulatory process (per Health Code 22A.9)

DPH considers a Full Permit or Addenda application complete if the application includes an AEL, and designs for engineering controls if your approved SMP has engineering controls.

For historical SMED cases, prior letters indicating any of the milestones above may be accepted for a complete DBI Full Permit or Addenda application.

A Maher Waiver (per Health Code 22A.4) indicates Health Code 22A requirements have been waived.

You will receive a Maher Waiver if your project has demonstrated that:

• Your project site has been continuously used for residence since 1921 and
• There is no evidence suggesting possible contamination

A NFA letter indicates that the project has completed compliance with Health Code 22A and/or 22B.

You will receive a NFA if your project has demonstrated that:

• The site history or environmental data suggest no possible contamination or health risks or
• The site mitigation measures have been completed, verified, and certified to control health risks

A document request letter informs the project's next step for compliance. This letter identifies the next submittal by issuing comments on or approving the project's previous submittal. Review our submittals webpage for more information about requested documents.

Depending on the project, a SMP approval is issued as a letter titled:

• Engineering Control Plan Request
• Construction Quality Assurance Report Request or
• Site Mitigation Completion Report Request