Environmental
In New York, a developer building on a remediated brownfield site should ensure that:
ANo environmental controls are needed once the DEC issues a Certificate of Completion
BAny institutional controls (such as deed restrictions) and engineering controls are maintained as required by the remedial action plan✓ Correct
CThe site is re-contaminated to prior levels to establish a baseline
DThe DEC maintains ownership of the site indefinitely
Explanation
Even after a Certificate of Completion, brownfield sites with residual contamination may have institutional controls (deed restrictions) and engineering controls (caps, barriers) that must be maintained. Failing to maintain these can void the liability protection.
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