Notice of Completion.
43 RCNY § 43-1408
in effect§ 43-1408 Notice of Completion.
a. The office shall issue a notice of completion upon approval of the remedial action report.
1. Prior to issuance of a notice of completion for a coordinated brownfield site, the office shall obtain a notice from the state or federal agency that the cleanup has been completed.
2. The date of the approval of the remedial action report by the office shall be the issuance date for the notice of completion.
b. The office shall issue the notice of completion to the enrollee.
c. A notice of completion shall include all of the following:
1. An acknowledgment that the requirements of the remedial program were satisfied or are expected to be satisfied in accordance with the time-frames contained in the approved remedial program;
2. A description of the site by borough, block and lot, by adequate legal description, by reference to a plate showing the boundaries, or by other means sufficient to identify the site location with particularity;
3. A prohibition against the use of the site in a manner inconsistent with any land use limitation imposed as a result of the remediation efforts without additional appropriate remedial activities;
4. A statement as to no further action by the city, pursuant to subdivision e of this section.
5. A recommendation that no other governmental entity take or require any investigatory or remedial action against the site and the enrollee, his or her successors, and his or her assigns, regarding the contamination addressed at the site.
6. A description of any engineering and institutional controls or site management activities required by the approved work plan and a notification that failure to manage the controls or complete site management activities in compliance with the terms of the remedial program and the covenants and restrictions for the site, may result in the office requiring additional investigation and/or remediation and the city department of buildings withholding any permits for the site for activities that would interfere with the engineering and institutional controls or the site management plan.
d. Recording of the notice of completion. Within sixty days of issuance, the notice of completion shall be recorded in a public repository established by the office.
e. No further action by the city.
1. Subsequent to the issuance of a notice of completion, subject to the provisions of § 24-906 of the Administrative Code of the City of New York and except as provided in the City voluntary cleanup agreement, the remedial action work plan, site management plan, declaration of covenants and restrictions, or notice of completion, the city shall not take or require any further investigatory or remedial action against the site and the enrollee, his or her successors, and his or her assigns, regarding matters addressed at the site. If the office seeks to exercise its rights reserved pursuant to § 24-906(b) of the Administrative Code of the City of New York, it shall provide notice to the holder of the notice of completion, as provided in paragraph two of subdivision f of this section.
2. "Matters addressed" at the site shall mean all response actions taken by the enrollee to implement the City voluntary cleanup agreement for the site and all response costs incurred and to be incurred by any person or party in connection with the work performed under such agreement, which costs have been paid by the enrollee, including fees for costs incurred by the city pursuant to the City voluntary cleanup agreement.
f. Modification or revocation of a notice of completion.
1. The office may modify or revoke a notice of completion upon a finding that:
A. the enrollee has failed to manage the controls or monitoring in full compliance with the terms of the remedial program pursuant to paragraph six of subdivision c of this section;
B. the enrollee has failed to comply with the terms and conditions of the City voluntary cleanup agreement executed by the Office;
C. the enrollee misrepresented a material fact tending to demonstrate that the cleanup levels were reached;
D. the enrollee violated the terms and conditions of the declaration of covenants and restrictions; or
E. good cause exists.
2. If the office seeks to modify or revoke a notice of completion, it shall provide notice to the holder of the notice of completion by certified mail specifying the basis for the office's proposed action and facts in support of that action.
3. The holder of the notice of completion shall have thirty days after the effective date of the notice to cure the deficiency and submit proof of cure to the office or to seek a review of the determination of the office.
4. If the recipient does not submit proof of cure to the office or seek a review of the determination within such thirty day period, the notice of completion shall be modified or revoked on the thirty-first day.
5. If the office determines that the deficiency has been cured, the proposed modification or revocation shall be withdrawn.
6. If the office determines that the recipient has not proven that the deficiency has been cured, the office shall provide notice to the recipient by certified mail. The recipient shall have thirty days after the effective date of the notice to seek a review of such determination. If the recipient does not seek a review within such thirty day period, the notice of completion shall be modified or revoked on the thirty-first day.
7. Review of the office determination.
A. A review of a determination by the office pursuant to paragraph three or six of this subdivision shall be conducted by the designated individual, or in the director's discretion, by the office of administrative trials and hearings, solely on the basis of papers submitted by the parties. If the matter is referred to the office of administrative trials and hearings, the reviewing officer shall submit findings of fact and a recommended decision to the designated individual. The designated individual shall render a written decision and furnish a copy thereof to the enrollee. The written decision shall be the final determination of the office, unless the enrollee files a written appeal of that decision with the designated appeal individual within twenty days of receipt of that decision.
B. Upon receipt of the written appeal pursuant to subparagraph A of this paragraph, the designated appeal individual shall review the record and decision. The designated appeal individual shall take one of the following actions, with written notice to the enrollee:
i. remand the matter to the office's project manager for further negotiation or information, if it is determined that the matter is not ripe for review; or
ii. on the basis of the record as it exists before the designated appeal individual, affirm or reverse the determination of the designated individual.
C. The designated individual shall be the person designated to review office determinations, and shall be a chief of a bureau of the office.
D. The designated appeal individual shall be the person designated to review decisions, and shall be the director of the office or such other individual as designated by the director of the office.
8. For purposes of this subdivision, the effective date of notice shall be two business days after the office mails such notice by certified mail.
g. Transfer of a notice of completion. A notice of completion may be transferred to successors and assigns of the parties named in the notice.
1. The office shall be provided:
A. Advance notice of the transfer of a notice of completion, pursuant to 43 RCNY § 43-1410(d); and
B. A written notice of transfer, filed within thirty days of the transfer on an office-approved form, in accordance with the filing requirements of the original notice set forth in subdivision d of this section.
2. Upon filing of the notice of transfer, the notice of completion shall be deemed issued to the successor or assign. Any party to whom a notice of completion is transferred shall be responsible for the operation and maintenance of any required engineering controls and compliance with all required institutional controls, in accordance with the approved site management plan and declaration of covenants and restrictions.
(Amended City Record 12/28/2015, eff. 1/27/2016)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-82249Fetched: 10/24/2026