Section 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, the date of the brownfield site  agreement
  pursuant   to   section  27-1409  of  this  title,  and  the  applicable
  percentages available for that site for purposes of  section  twenty-one
  of  the  tax law, with such percentages to be determined as follows with
  respect to such qualified site for which the  department  has  issued  a
  notice  to the taxpayer after June twenty-third, two thousand eight that
  its request for participation has been accepted under subdivision six of
  section 27-1407 of this title:
    For the purposes of calculating the site preparation credit  component
  pursuant  to  paragraph  two of subdivision (a) of section twenty-one of
  the tax law, and the on-site groundwater  remediation  credit  component
  pursuant  to  paragraph four of subdivision (a) of section twenty-one of

  the tax law, the applicable percentage shall be based on  the  level  of
  cleanup achieved pursuant to subdivision four of section 27-1415 of this
  title  and  the  level  of cleanup of soils to contaminant-specific soil
  cleanup  objectives  promulgated  pursuant to subdivision six of section
  27-1415 of this title, up to a maximum of fifty percent, as follows:
    (a) soil cleanup for unrestricted use, the protection  of  groundwater
  or  the  protection  of  ecological resources, the applicable percentage
  shall be fifty percent;
    (b) soil cleanup for residential use, the applicable percentage  shall
  be  forty  percent,  except  for  Track  4  which  shall be twenty-eight
  percent;
    (c) soil cleanup for commercial use, the applicable  percentage  shall
  be  thirty-three  percent, except for Track 4 which shall be twenty-five
  percent;
    (d) soil cleanup for industrial use, the applicable  percentage  shall
  be  twenty-seven  percent,  except for Track 4 which shall be twenty-two
  percent.
    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.