NY Env Conserv L § 27-1431 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 14 - Brownfield Cleanup Program 27-1431 - Access to Sites.

§ 27-1431. Access to sites.   The  department,  by and through the commissioner, shall be authorized to:   1. Require that  any  person  permit  a  duly  designated  officer  or employee  of the department or of a municipal corporation, or any agent, consultant,  or  contractor  of  the  department  or  of   a   municipal corporation,   or  any  other  person,  including  an  employee,  agent, consultant, or contractor of an applicant acting at the direction of the department, so authorized in writing by the commissioner, to enter  upon any  property  which  has  or  may have been the site of the disposal or discharge  of  contaminants,  and/or  areas  near  such  site,  for  the following purposes:   a.   to   inspect   and  take  samples  of  such  contaminants  and/or environmental media, utilizing such sampling methods as may be necessary or appropriate, including without limitation soil borings and monitoring wells; provided, that no  sampling  methods  involving  the  substantial disturbance of the ground surface of such property may be utilized until after  a  minimum  of  ten  days' written notice thereof shall have been provided to the owner and operator and occupant  of  such  property,  if identifiable  by  reasonable  efforts,  unless  the commissioner makes a written determination that such notice will not allow the protection  of the  public  health  or the environment, in which case two days' written notice shall be sufficient;   b. to implement the investigation and/or remediation of  contamination and/or environmental media; provided that no such work may be undertaken until  after  a  minimum  of ten days' written notice thereof shall have been provided to the owner and operator and occupant of  such  property, if  identifiable  by reasonable efforts, unless the commissioner makes a written determination that such notice will not allow the protection  of the  public  health  or the environment, in which case two days' written notice shall be sufficient.  (i) If any designated officer or employee of the department  or  of  a municipal  corporation,  or  any agent, consultant, or contractor of the department or of a municipal corporation, or any other person, including an employee, agent, consultant or contractor  of  a  responsible  person acting  at  the direction of the department obtains any samples prior to leaving the premises they shall give to the owner a  receipt  describing the sample obtained and, if requested, a portion of such sample equal in volume  or  weight  to  the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be  furnished promptly to the owner. Upon the completion of all sampling or subsequent remediation  activities,  the  department  shall  remove, or cause to be removed, all equipment and well machinery and return the ground  surface of  the  property  to  its  condition  prior to such sampling unless the department and the owner of the property shall agree otherwise.  (ii) the expense of any such sampling and analysis shall  be  paid  by the  department, but may be recovered from any responsible person in any action or proceeding brought pursuant to this title or common law.   c. to inspect for compliance with the site management plan approved by the  department,  including  (i)  inspection  of  the   performance   of maintenance,  monitoring  and operational activities required as part of the remedial program for the site, (ii) inspection for  the  purpose  of ascertaining  current  uses  of  the  site,  and (iii) taking samples in accordance with paragraph (a) of this subdivision.   2. a. Require that any person furnish to the department, in a form and manner as prescribed by the  department,  information  relating  to  the current  and  past contaminant generation, treatment, storage, disposal, and/or transportation activities of such person or any other person  now  or  formerly  under the control of such person; in the event such person cannot comply therewith, in whole or in part, such person shall  furnish to the department information describing all efforts made by such person to  comply  therewith;  any  information  so furnished to the department shall be considered a "written instrument"  as  defined  in  subdivision three of section 175.00 of the penal law;   b.  Require  that  any  person  permit  a  duly  designated officer or employee of the department at all reasonable times to have access to and to copy all books,  papers,  documents,  and  records  relating  to  the current  and  past contaminant generation, treatment, storage, disposal, and/or transportation activities of such person or  any  person  now  or formerly under the control of such person;   c.  Require,  by  subpoena  issued  in the name of the department, the production of books, papers,  documents,  and  other  records,  and  the rendition  of  testimony by deposition under oath of any person relating to the current and  past  contaminant  generation,  treatment,  storage, disposal,  and/or transportation activities of such person or any person now or formerly under the control of such  person;  such  subpoenas  and depositions  shall be regulated by the civil practice law and rules; the commissioner may invoke the powers of the supreme court of the state  of New  York  or  any  other  court  of  competent  jurisdiction  to compel compliance therewith.