Transfer of Certificate of Completion (COC)
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.
DEC must be provided advance notice of the transfer of all or a part of the property as set forth in 6 NYCRR 375-1.11(d). 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. This notice should also specify the name of the new COC holder, their contact information, the new holder's representative, and their contact information.
Notice of COC Transfer - Templates
Templates may be downloaded from DEC's FTP site, but must be saved on your computer as a new file:
Notice of COC Transfer for Brownfield Cleanup Program sites (Microsoft Word format)
Notice of COC Transfer for Environmental Restoration Program sites (Microsoft Word format)
Notice of COC Transfer for Inactive Hazardous Waste Disposal (State Superfund) Program sites (Microsoft Word format)
Instructions
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). The notice of transfer of COC is deemed recorded and successfully transferred to the successor or assign upon delivery to the recording officer. Within 30 days of 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. This copy should be mailed to:
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.
