N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-1.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 375-1.9 - Certificate of completion

(a) A certificate shall be issued for the real property constituting the site, upon a determination that the final engineering report is approved. The date of the approval of the final engineering report by the department, as set forth in section 375-1.6(c)(6) of this Subpart, shall be the issuance date for the certificate of completion.

(b) The department shall issue the certificate of completion to the remedial party which has signed the order, agreement or State assistance contract.

(c) A certificate of completion shall include all of the following:

(1) an acknowledgment that the requirements of the remedial program were satisfied or are expected to be satisfied in accordance with the time-frames contained in the approved remedial program;

(2) a description of the site by adequate legal description or by reference to a plat showing the boundaries, or by other means sufficient to identify site location with particularity;

(3) a prohibition against the use of the site in a manner inconsistent with any land use limitation imposed as a result of such remediation efforts without additional appropriate remedial activities;

(4) a statement that the department's issuance of the certificate of completion entitles the remedial party to certain liability benefits as set forth in sections 375-2.9, 375-3.9 and 375-4.9 of this Part; and

(5) a description of any engineering and institutional controls or site management activities required by the approved work plan and notification that failure to manage the controls or complete site management activities in compliance with the terms of the remedial program and the environmental easement for the site, may result in revocation of the certificate of completion.

(d) Recording of the certificate of completion.

(1) A notice of the certificate of completion must be recorded in the recording office for the county (or counties) where any portion of the site is located within 30 days of its issuance.

(2) Pursuant to R PL 317, the notice of the certificate of completion is deemed recorded when its delivered to the recording officer.

(3) Proof of such recording shall be submitted to the department within 30 days after recording, or 30 days after the remedial party's receipt of such proof of filing from the county clerk, whichever is later.

(e) Modification or revocation of a certificate of completion.

(1) A certificate of completion may be modified or revoked by the department upon a finding that:

(i) the remedial party has failed to manage the controls or monitoring in full compliance with the terms of the remedial program, as set forth in paragraph (c)(5) of this section;

(ii) there has been a failure to comply with the terms and conditions of any order, agreement or State assistance contract executed by the department;

(iii) there was a misrepresentation of a material fact tending to demonstrate that the cleanup levels were reached;

(iv) the terms and conditions of the environmental easement have been intentionally violated; or

(v) for good cause.

(2) If the department seeks to modify or vacate a certificate of completion, it shall:

(i) provide notice to the certificate holder which shall specify the basis for the department's proposed action and facts in support of that action; and

(ii) mail notices by certified mail.

(3) The certificate holder may seek relief from the notice as set forth in sections 375-2.9, 375-3.9 and 375-4.9 of this Part.

(f) Transfer of a certificate of completion. A certificate of completion may be transferred to successors and assigns of the remedial party or parties named in the certificate.

(1) The department shall be provided:

(i) advance notice as set forth in section 375-1.11(d) of this Subpart; and

(ii) within 30 days of the transfer, a notice of transfer, on a department-approved form, shall be filed in accordance with the filing requirements of the original certificate set forth in subdivision (d) of this section.

(2) Upon filing of the notice, the certificate of completion shall be deemed issued to the successor or assign.

(g) Any party to whom a certificate of completion is transferred shall be responsible for the operation and maintenance of any required engineering controls and compliance with all required institutional controls, in accordance with the approved site management plan and environmental easement.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-1.9