§ 43-1433 Rescission and Termination.
RCNY § 43-1433
a. The Office may rescind a New York City green property certification if it determines that a certified property is no longer in compliance with the agreement, the notice of completion or equivalent record of completion, or the site management plan governing institutional and/or engineering controls established within the respective remediation program to which the property is admitted. Compliance for the purpose of this subdivision includes compliance with reporting requirements. The Office may reinstate a New York City green property certification if it determines that the recipient has cured the non-compliance.
1.If the Office seeks to rescind a New York City green property certification, it will provide notice to the recipient by certified mail specifying the basis for the Office's proposed action and facts in support of that action.
2.The recipient will have thirty days after the effective date of the notice to cure the non-compliance and submit proof of cure to the Office or to seek a hearing.
3.If the recipient does not submit proof of cure or seek a hearing within such thirty day period, the New York City green property certification will be rescinded on the thirty-first day.
4.If the Office determines that the non-compliance has been cured, the proposed rescission will be withdrawn.
5.If the Office determines that the recipient has not proven that the non-compliance has been cured, the Office will provide notice to the recipient by certified mail. The recipient will have thirty days after the effective date of the notice to seek a hearing. If the recipient does not seek a hearing within such thirty day period, the New York City green property certification will be rescinded on the thirty-first day.
6.A hearing pursuant to paragraph two or five of this subdivision will be held before the director of the office of environmental remediation or his or her designee, or in the director's discretion, by the office of administrative trials and hearings. If the matter is referred to the office of administrative trials and hearings, the hearing officer must submit findings of fact and a recommended decision to the director. The director or his or her designee must make a final determination and notify the recipient within a reasonable period of time of such determination.
7.For purposes of this subdivision, the effective date of notice will be two business days after the Office mails such notice by certified mail. b. The recipient of a New York City green property certification may terminate the certification upon written request to the Office. (Amended City Record 4/3/2018, eff. 5/3/2018)
