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Review Vacancy

Date Posted 03/04/24

Applications Due03/20/24

Vacancy ID152847

NY HELPNo

AgencyEnvironmental Conservation, Department of

TitleSenior Attorney / Assistant Attorney 1/2/3- NY HELPS

Occupational CategoryLegal

Salary GradeNS

Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)

Salary RangeFrom $63108 to $114444 Annually

Employment Type Full-Time

Appointment Type Contingent Permanent

Jurisdictional Class Competitive Class

Travel Percentage 0%

Workweek Mon-Fri

Hours Per Week 37.5

Workday

From 8 AM

To 4 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? No

Telecommuting allowed? Yes

County Albany

Street Address 625 Broadway

City Albany

StateNY

Zip Code12233

Minimum Qualifications This title is part of the New York Hiring for Emergency Limited Placement Statewide Program (NY HELPS).

For the duration of the NY HELPS Program, this title maybe filled via a non-competitive appointment, which means no examination is required but all candidates must meet the minimum qualifications of the title for which they apply. At this time, agencies may recruit and hire employees by making temporary appointments. In May 2024, if a temporary NY HELPS employee is satisfactorily performing in the position, the appointment will be changed from temporary pending Civil Service Commission Action to permanent non-competitive and the official probationary period will begin.

At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, without having to compete in an examination. Employees will then be afforded with all of the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified.


Position may be filled at the Senior Attorney level or one within the Legal Traineeship appointment levels. Appointment title will be dependent upon qualifications of candidate selected.
Reassignment - Currently in the title and an employee of DEC Or
Reinstatement Eligible - Previously held the title on a permanent competitive basis or held a title as indicated under the transfer eligible section on a permanent competitive basis
OR
Transfer Eligible - One year of permanent competitive service at Salary Grade 16 or higher and either:
Eligible for transfer under Section 70.4: Must meet the open competitive minimum qualifications below;
Or
Eligible for transfer under Section 52.6: Must have current or prior service in a title designated as 52.6 within two salary grades/one M grade of this position. In addition, you must be a graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.
OR
Eligible for transfer under Section 70.1: Permanent competitive service as a Senior Attorney or Senior Attorney Realty.
55b/c candidates must meet the open-competitive minimum qualifications below and include with their resume or application, a copy of the letter from Civil Service which indicates approval for the 55b/c program.
Open competitive minimum qualifications (provided for 55b/c candidates and 70.4 transfer eligibles): graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the NYS Bar examination. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.
If you are on an examination eligible list for the position title, you do not need to respond to this posting unless you are also eligible for appointment by transfer, reinstatement, or reassignment as defined above. The eligible list will be canvassed as appropriate. Always respond to an eligible list canvass.

Duties Description The Senior Attorney will provide legal support for the ongoing implementation of the State Superfund Law (SSF), the Brownfields Cleanup Program (BCP), the Resource Recovery and Reclamation Act (RCRA), the Environmental Restoration Program (ERP) and the Clean Water Infrastructure Act (CWIA) and will provide legal advice to program staff on all matters relating to these programs. The successful candidate will primarily be responsible for advising regarding regulations, statutes, and policies to efficiently implement these programs and for representing the Department in various negotiations with potentially responsible parties to secure the implementation of a remedial program on inactive hazardous waste disposal sites. This will include a large docket of inactive hazardous waste disposal sites, sites participating in the BCP, RCRA sites, ERP sites and CWIA matters.

The description of the duties for this position and approximate percentage of time for each duty follows.

30% Legal Advice -Provides legal advice to Departmental programs, Executive staff, and Office of General Counsel management regarding environmental remediation matters:

• Acquires foundation in applicable State and federal laws, rules, and regulations, Departmental policy, and applicable State and federal decisions.
• Meets with Section Chief for SSF/BCP and other Office of General Counsel management to discuss legal issues.
• Meets with Division of Environmental Remediation and other program staff to review facts and desired objectives.
• Identifies potential issues or problem areas and provides recommendations.
• Provides counsel to staff in the Division of Environmental Remediation and regions in understanding regulatory requirements, identifying potential issues, and recognizing the potential precedential impact of decisions.
• Reviews and provides comment on program-related guidance, memoranda, policy statements, and other documents.
• Responds to inquiries regarding interpretation of applicable laws and procedures, including regarding the State Superfund Law (Environmental Conversation Law (ECL) Article 27, Title 13), the Brownfields Cleanup Program (ECL Article 27, Title 14), the state’s implementation of the federal Resource Conservation and Recovery Act through ECL Article 27, Title 9, the Clean Water Infrastructure Act (ECL Article 27, Title 12) and the Environmental Restoration Program (ECL Article 56, Title 5).
• Reviews program-related documents in response to Freedom of Information Law requests or discovery or other information requests.

30% Preparation and Drafting of Legal Documents, with Legal Research as necessary and appropriate - Drafts and prepares legal documents, including administrative consent orders, agreements, other documents necessary to implement the various hazardous waste programs, litigation or adjudication papers, legal memoranda, and other recommendations, on issues related to environmental remediation.

• Drafts orders on consent, agreements, and other documents necessary to implement the various hazardous waste programs.
• Reviews and edits documents to ensure compliance with applicable laws and avoid potential legal problems.
• Assists in the development of regulatory documents, including in support of the Division Environmental Remediation.
• Draft letters, legal memoranda, and other documents in support of both existing and anticipated programs to protect the State's resources and the environment.
• Conducts legal research on specific SSF, BCP, RCRA, CWIA and ERP-related issues as necessary to accomplish agency goals.
• Conducts searches on business structures and real property titles to ensure accuracy of agency information and documents.
• Assist in the preparation of comments regarding proposed federal regulations, as well as State and federal legislation, in order to support the Department's interests.

30% Negotiations -Represents the Department in SSF, BCP, RCRA, CWIA and ERP enforcement negotiations.

• Meets and communicates with outside parties, including other agencies, BCP/ERP applicants, potentially responsible parties and third party stakeholders, to represent the Department's interests in negotiations.
• Conducts legal and factual research to become familiar with cases and their value as precedent.
• Meets with central office programs, Division of Environmental Remediation, and regional staff to review facts and explore potential areas of settlement and negotiation strategies.
• Develops strategy for matters in consultation with regional and central office staff.
• Consults with principals and Executives regarding the direction of a matter, the ability to settle regarding certain issues, and the potential impact and consistency of decisions on Departmental policies.

10% Hearings and Litigation - Represents the Department in administrative/adjudicatory proceedings before the Department and serves as liaison attorney with the Office of Attorney General in cases that reach litigation.

• Research law and facts for each case.
• Prepares documents, including briefs and other materials, for each proceeding.
• Assists the Office of Attorney General in any litigation associated with remedial programs, including through the preparation of documents, compiling of records, and explanation of programmatic impacts.
• Coordinates Department staff members assigned to a particular case, including in providing input from multiple Departmental program areas, explaining staff’s role in the process, and serving as primary point of contact to represent agency.
• Represents the Department at hearings, including through direct and cross-examination of witnesses.
• Prepares Department staff to serve as witnesses, including in the development of pre-filed testimony as well as direct, and cross-examination.
• Ensures compliance with numerous environmental laws implemented by the Department in the context of administrative hearings and litigation.

Additional Comments Telecommuting may be available, will be discussed at interview.

We offer a work-life balance and a generous benefits package, worth 65% of salary, including:

• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees’ Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds
• And many more...

For new State employees appointed to graded positions, the annual salary is the hiring rate (beginning of the Salary Range) of the position. Promotion salaries are calculated by the NYS Office of the State Comptroller in accordance with NYS Civil Service Law, OSC Payroll rules and regulations and negotiated union contracts.

Some positions may require additional credentials or a background check to verify your identity.

Name Megan Miller

Telephone 518-402-9273

Fax 518-402-9038

Email Address PostingResponses@dec.ny.gov

Address

Street 625 Broadway

City Albany

State NY

Zip Code 12233

 

Notes on ApplyingPlease email/mail your resume to the above. Be sure to include Posting #24-152847(Repost of 24-148579) when applying to this position or your application may not be accepted. Please include a copy of your transcript. Unofficial copy is acceptable.

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