Initial Notice And Transfer Of Certificate Of Completion
Notice of the Certificate of Completion (COC)
The notice of the COC is a standard notice form. DEC will send a site-specific notice to the appropriate party for processing along with the executed COC. Site owners must record a notice of the COC in the recording office for the County (or Counties) where any portion of the site is located within 30 days of issuance of the COC; prospective purchasers must record a notice of the COC within 30 days of the date of site acquisition. Within 30 days of receiving proof of filing, a copy of the completed notice must be provided to the DEC along with the proof of filing. This copy should be provided to the DEC project manager for the site. A sample notice and COC (PDF) (6 page, 103 KB) is provided here for reference.
COC Transfer Notifications
Pursuant to the Environmental Conservation Law Section 27-1419(5) and 6 NYCRR 375-1.9(f), a Certificate of Completion (COC) may be transferred to successors and assigns of the remedial party or parties named in the COC.
Such transfers include the following three steps:
1) Prior Notification: change in use notification requirements pursuant to 375-1.11(d) (link leaves DEC's website) state that DEC must be provided 60 day advance notice of the transfer of all or a part of the property. Specifically, at least 60 days prior to the transfer, the COC holder must notify DEC in writing of its intent to transfer the COC. Such notice should state that the new COC holder has been provided a copy of any order, agreement or state assistance contract and any work plans and reports as necessary to ensure that the compliance of the terms of the COC will be maintained.
60-day Advance Notification of Change of Use - Form and (PDF) (84 kB)
2) Execute and File a Notice of Transfer of COC: A notice of transfer of the COC must be completed by the current COC holder. The current COC holder must file the notice with the appropriate County Clerk's office in accordance with the recording requirements of the original COC as set forth in 375-1.9(d). (link leaves DEC's website) The notice of transfer of COC is deemed recorded and successfully transferred to the successor or assign upon delivery to the recording officer. After receiving proof of filing, the former COC holder must send a copy of the completed notice of transfer to the DEC along with the proof of filing.
Microsoft Word Templates may be downloaded from DEC's FTP site, but must be saved on your computer as a new file:
Notice of Transfer of COC for Brownfield Cleanup Program sites (Microsoft Word format) (updated 9/10/20)
Notice of Transfer of COC for Environmental Restoration Program sites (Microsoft Word format) (updated 9/10/20)
Notice of Transfer of COC for Inactive Hazardous Waste Disposal Site (State Superfund) Program sites (Microsoft Word format) (updated 9/10/20)
3) Post Notification: Within 30 days of the transfer of all or part of the site, an additional notification must be provided to DEC that includes the name of the new COC holder and their contact information, and the new holder's representative(s) and their contact information.
Department Point of Contact:
If you know who the DEC Project Manager (PM) for the site is, all related correspondence; the 60-Day Advance Notification, subsequent proof of filing, and the post notification letter may be sent directly to that person, otherwise these documents may be submitted electronically to [email protected] or via ground mail to:
Chief, Site Control Section
New York State Department of Environmental Conservation
Division of Environmental Remediation
625 Broadway
Albany, NY 12233-7020
Failure to comply with the regulatory requirements for transfer is a bar to the successors and assigns receiving any rights, benefits or protections as provided by statute or regulation.
Division of Environmental Remediation
625 Broadway
Albany, NY 12233
