Change of Use Notifications
Prior Notification
For sites in DEC's remedial programs, a 60-day Advance Notification of Change of Use (PDF) (84 KB) is required by regulation (6NYCRR Part 375-1.11(d) and 375 1-9(f)). The term "change of use" includes:
- Change in site use (includes physical alterations; or any activity that is likely to disturb or expose hazardous waste; or that may interfere with the site's remedial program);
- Change in site ownership;
- Change in responsibility for the proposed, ongoing, or completed remedial program for the site; and
- Transfer of Certificate of Completion (COC).
Post Notification for Changes in Ownership
If the type of change of use is a change of site ownership (and there is no COC, e.g. an older site that predates COC issuances), a subsequent letter to notify DEC of the completion of the sale must be provided within 15 days. However, if there is a COC for the site, additional steps are required and the subsequent letter shall be submitted within 30 days. This allows the time needed to file the Notice of Transfer of COC.
Both the 60-Day Prior Notification of Change and the Post Notification for Change in Ownership shall be sent to the following address:
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 may result in a bar to the successors and assigns receiving any rights, benefits or protections as provided by statute or regulation.
