§ 27-1419. Certification of completion.\n 1. Upon certification by the applicant that the remediation\nrequirements of this title have been or will be achieved in accordance\nwith the schedules provided in reports submitted to the department on\nthe remedial work plan for the brownfield site, such applicant shall\nsubmit to the department a final engineering report prepared by an\nindividual licensed or otherwise authorized in accordance with article\none hundred forty-five of the education law to practice the profession\nof engineering.\n 2. A final engineering report shall include, at a minimum:\n (a) a description of the remediation activities completed pursuant to\nthe remedial work plan and any interim remedial measures for the\nbrownfield site;\n (b) a certification that the data submitted to the department\ndemonstrates that the remediation requirements set forth in the remedial\nwork plan and any other relevant provisions of this title have been or\nwill be achieved in accordance with the timeframes, if any, established\nin such work plan;\n (c) the boundaries of the real property that is subject to a\nbrownfield site cleanup agreement;\n (d) a complete description of any institutional and/or engineering\ncontrols employed at the site, including the mechanisms that will be\nused to continually implement, maintain, monitor, and enforce such\ncontrols both by the applicant, the applicant's successors and assigns,\nand by state or local government;\n (e) a certification that any use restrictions, institutional controls,\nengineering controls and/or any operation and maintenance requirements\napplicable to the site are contained in an environmental easement\ncreated and recorded pursuant to title thirty-six of article seventy-one\nof this chapter and that any affected local governments, as defined in\ntitle thirty-six of article seventy-one of this chapter have been\nnotified that such easement has been recorded;\n (f) a certification that an operation and maintenance plan has been\nsubmitted by the applicant for the continual and proper operation,\nmaintenance, and monitoring of any engineering controls employed at the\nsite including the proper maintenance of any remaining monitoring wells,\nand that such plan has been approved by the department; and\n (g) a certification that any financial assurance mechanisms required\nby the department pursuant to this title have been executed.\n 3. Upon receipt of the final engineering report, the department shall\nreview such report and the data submitted pursuant to the brownfield\nsite cleanup agreement as well as any other relevant information\nregarding the brownfield site. Upon satisfaction of the commissioner\nthat the remediation requirements set forth in this title have been or\nwill be achieved in accordance with the timeframes, if any, established\nin the remedial work plan, the commissioner shall issue a written\ncertificate of completion. The certificate shall include such\ninformation as determined by the department of taxation and finance,\nincluding but not limited to the brownfield site boundaries included in\nthe final engineering report, the date of the brownfield site cleanup\nagreement, and the applicable percentages available as of the date of\nthe certificate of completion for that site for purposes of section\ntwenty-one of the tax law. For those sites for which the department has\nissued a notice to the applicant on or after July first, two thousand\nfifteen or the date of publication in the state register of proposed\nregulations defining "underutilized" as provided in subdivision thirty\nof section 27-1405 of this title, whichever shall be later, that its\nrequest for participation has been accepted under subdivision six of\nsection 27-1407 of this title, the tangible property credit component of\nthe brownfield redevelopment tax credit pursuant to paragraph three of\nsubdivision (a) of section twenty-one of the tax law shall only be\navailable to
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.