N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-3.9

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

Section 375-3.9 - Certificate of completion

(a) Notwithstanding the provisions for issuance of a certificate of completion set forth in section 375-1.9 of this Part, the department shall not issue a certificate if the applicant is identified as subject to an outstanding claim by the New York Environmental Protection and Spill Compensation Fund under article 12 of the Navigation Law for the brownfield site, as set forth at section 375-3.4(b)(4)(ii) of this Subpart.

(b) Liability limitation. Subsequent to the issuance of a certificate of completion, the applicant shall be entitled to the liability limitation protections set forth at ECL 27-1421, subject to the terms and conditions stated therein.

(c) Liability limitation reopener provisions.

(1) If the department seeks to exercise its rights reserved pursuant to ECL 27-1421(2), it shall provide notice to the certificate holder, as set forth in section 375-1.9(e) of this Part.

(2) The certificate holder shall have 30 days after the effective date of the notice within which to cure the deficiency or seek dispute resolution. If the certificate holder or current title owner does not cure the deficiency or seek dispute resolution within such 30-day period, the liability protections shall be deemed modified or vacated 31 days after the effective date of the department's notice.

(d) Modification or revocation of the certificate of completion.

(1) If the department seeks to modify or revoke the certificate of completion, it shall provide notice to the certificate holder as set forth in section 375- 1.9(e) of this Part.

(2) The certificate holder shall have 30 days after the effective date of the notice within which to cure the deficiency or seek a hearing. If the certificate holder or current title owner does not cure the deficiency or seek a hearing within such 30-day period, the liability protections shall be modified or vacated 31 days after the effective date of the department's notice.

(e) Tax credits. The certificate of completion entitles the applicant to file for brownfield tax credits under articles 21, 22 and 23 of the Tax Law. Only those costs incurred on or after the effective date of the brownfield site cleanup agreement are eligible for consideration for credits.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-3.9