NY Env Conserv L § 27-1309 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 13 - Inactive Hazardous Waste Disposal Sites 27-1309 - Access to Records and Sites.

§ 27-1309. Access to records and sites.1. Every person shall, upon the written request of the commissioner or   a  designee,  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   hazardous waste generating, transporting or disposal activities of  such   person.2.  The  commissioner  may sign and issue subpoenas in the name of the   department requiring the production  of  books,  papers,  documents  and   other  records  and  may take testimony by depositions under oath of any   person relating to the current and past waste  generating,  transporting   or  disposal  activities  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  to   compel  compliance  with  any  such subpoena or any request to take such   depositions.3. Any duly designated officer or employee of the  department,  or  of   any  state  agency,  and  any  agent,  consultant,  contractor, or other   person, including an employee, agent, consultant,  or  contractor  of  a   responsible  person  acting  at  the  direction  of  the  department, so   authorized in writing  by  the  commissioner,  may  enter  any  inactive   hazardous  waste  disposal site and areas near such site and inspect and   take samples of wastes, soils, air, surface water, and  groundwater.  In   order  to  take  such  samples,  the department or authorized person may   utilize or cause to be utilized such sampling methods as  it  determines   to  be  necessary  including,  but  not  limited  to,  soil  borings and   monitoring wells.4. The department or authorized person  shall  not  take  any  samples   involving  the  substantial  disturbance  of  the  ground surface of any   property unless it has made a reasonable effort to identify the owner of   the property and to notify  such  owner  of  the  intent  to  take  such   samples.  If  the  owner can be identified, the department shall provide   such owner with a minimum of ten days' written notice of the  intent  to   take such samples, unless the commissioner makes a written determination   that  such  ten  day notice will not allow the department to protect the   environment or public health, in which case  two  days'  written  notice   shall be sufficient. Any inspection of the property and each such taking   of  samples  shall take place at reasonable times and shall be commenced   and completed with reasonable  promptness.  If  any  officer,  employee,   agent,  consultant, contractor, or other person so authorized in writing   by the commissioner obtains any samples prior to leaving  the  premises,   he  or  she shall give to the owner or operator 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 or operator. Upon the completion of all sampling   activities, the department or authorized person 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  or  authorized  person, and the owner of property shall   otherwise agree.5. 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;   provided,  that  if  the  person  so  authorized  in writing shall be an   employee, agent, consultant,  or  contractor  of  a  responsible  person   acting  at the direction of the department, then the expense of any such   sampling and analysis shall be paid by the responsible person.