2006 New York Code - Certification Of Completion.

 
  § 27-1419. Certification of completion.
    1.   Upon   certification   by  the  applicant  that  the  remediation
  requirements of this title have been achieved for the  brownfield  site,
  such applicant shall submit to the department a final engineering report
  prepared by an individual licensed or otherwise authorized in accordance
  with article one hundred forty-five of the education law to practice the
  profession of engineering.
    2. A final engineering report shall include, at a minimum:
    (a)  a description of the remediation activities completed pursuant to
  the remedial work plan for the brownfield site;
    (b)  a  certification  that  the  data  submitted  to  the  department
  demonstrates that the remediation requirements set forth in the remedial
  work  plan  and any other relevant provisions of this title have been or
  will be achieved in accordance with the timeframes, if any,  established
  in such work plan;
    (c)  the  boundaries  of  the  real  property  that  is  subject  to a
  brownfield site cleanup agreement;
    (d) a complete description of  any  institutional  and/or  engineering
  controls  employed  at  the  site, including the mechanisms that will be
  used to continually  implement,  maintain,  monitor,  and  enforce  such
  controls  both by the applicant, the applicant's successors and assigns,
  and by state or local government;
    (e) a certification that any use restrictions, institutional controls,
  engineering controls and/or any operation and  maintenance  requirements
  applicable  to  the  site  are  contained  in  an environmental easement
  created and recorded pursuant to title thirty-six of article seventy-one
  of this chapter and that any affected local governments, as  defined  in
  title  thirty-six  of  article  seventy-one  of  this  chapter have been
  notified that such easement has been recorded;
    (f) a certification that an operation and maintenance  plan  has  been
  submitted  by  the  applicant  for  the  continual and proper operation,
  maintenance, and monitoring of any engineering controls employed at  the
  site including the proper maintenance of any remaining monitoring wells,
  and that such plan has been approved by the department; and
    (g)  a  certification that any financial assurance mechanisms required
  by the department pursuant to this title have been executed.
    3. Upon receipt of the final engineering report, the department  shall
  review  such  report  and  the data submitted pursuant to the brownfield
  site cleanup  agreement  as  well  as  any  other  relevant  information
  regarding  the  brownfield  site.  Upon satisfaction of the commissioner
  that the remediation requirements set forth in this title have  been  or
  will  be achieved in accordance with the timeframes, if any, established
  in the remedial work  plan,  the  commissioner  shall  issue  a  written
  certificate   of   completion,   such  certificate  shall  include  such
  information as determined by the department  of  taxation  and  finance,
  including  but not limited to the brownfield site boundaries included in
  the final engineering report,  and  the  date  of  the  brownfield  site
  agreement pursuant to section 27-1409 of this title.
    4. The commissioner shall not issue a certificate of completion to any
  applicant  who  has been identified by the administrator of the New York
  environmental  protection  and  spill  compensation  fund  pursuant   to
  subdivision   four  of  section  27-1407  of  this  title  as  a  person
  responsible for the cleanup and  removal  costs  for  the  discharge  of
  petroleum  at  or  emanating  from  the  brownfield  site  for which the
  applicant is seeking a certificate of completion where the applicant has
  not resolved any outstanding claim at  such  site  pursuant  to  article
  twelve of the navigation law.
    5.  A certificate of completion issued pursuant to this section may be
  transferred to the applicant's successors or assigns  upon  transfer  or
  sale of the brownfield site. Further, a certificate of completion may be
  modified or revoked by the commissioner upon a finding that:
    (a)  Either  the  applicant, or the applicant's successors or assigns,
  has failed to comply with the terms and  conditions  of  the  brownfield
  site cleanup agreement;
    (b)  The applicant made a misrepresentation of a material fact tending
  to demonstrate that it was qualified as a volunteer;
    (c) Either the applicant, or the  applicant's  successors  or  assigns
  made  a misrepresentation of a material fact tending to demonstrate that
  the cleanup levels identified in the brownfield site  cleanup  agreement
  were reached; or
    (d) There is good cause for such modification or revocation.
    6. Upon the commissioner's determination pursuant to subdivision three
  or  five  of  this section, the commissioner shall provide the applicant
  with notice of such determination and notice of the right to appeal such
  determination. The commissioner's determination shall be final unless  a
  hearing  is  requested by certified mail sent to the commissioner within
  thirty days after receiving notice of  such  determination.  After  such
  hearing,  the  commissioner  shall give notice of final determination to
  such  applicant.  The  commissioner  may   promulgate   regulations   to
  effectuate the purposes of this section.
    7.  Nothing  herein  shall  be  construed  as abrogating any powers or
  duties of the administrator of the New York environmental protection and
  spill compensation fund as provided in article twelve of the  navigation
  law.
    8.  A notice of such certification of completion shall be recorded and
  indexed in the office  of  the  recording  officer  for  the  county  or
  counties  where such brownfield site is located in the manner prescribed
  by article nine of the real property  law  within  thirty  days  of  the
  issuance  of  the certificate of completion if the applicant is an owner
  or within thirty days of acquiring title to the brownfield site  if  the
  person is a prospective purchaser.