NY Env Conserv L § 3-0311-2 (2021)
2021 New York Laws ENV - Environmental Conservation Article 3 - Department of Environmental Conservation; General Functions, Powers, Duties and Jurisdiction Title 3 - General Functions, Powers, Duties and Jurisdiction 3-0311*2 - State Agency Environmental Audits.

* § 3-0311. State agency environmental audits.   1.  Each  state  agency as defined in subdivision five of this section shall  annually  audit  the  environmental  problems  created   by   its operations  or  the operations of contractors it has hired and over whom it has exercised or is required to exercise direct oversight, acting  in fulfillment  of their contracts. Such audit shall identify the extent to which these operations are in violation of this chapter, or  regulations adopted  thereunder. Each such state agency shall submit a report to the department on or before April first of each year. The report shall:   a. describe:  (1) each identified violation, including the year each  violation  was first reported to the department;  (2)  the  progress made in remedying any identified violations, and in remedying the violations identified in the previous year's audit and the past problems previously identified in  the  department's  report  dated "January 1990" titled "Past Practices Assessment Report";  (3)  disbursements  to  remedy  individual violations or past problems made during the previous year and disbursements recommended to  be  made or made during the current fiscal year; and  (4)  the steps being taken to assure future compliance with state laws and  regulations,  including  any  new  policies  developed  to  address patterns of violations identified by the audit.   b. rank each violation and past problem based on the threat each poses to the public health or the environment, so that each is placed into one of the following classifications:  (1)  presents  an  imminent substantial threat to the public health or the environment;  (2) presents a potential substantial threat to the  public  health  or the environment;  (3)  presents  a  discernible but not substantial threat to the public health or the environment; or  (4) no evidence of discernible threat to  the  public  health  or  the environment.   c.  include  a  remedial  plan  for  the  correction  of  all existing identified  violations  and  uncorrected  past  environmental   problems previously  identified  in  the "Past Practices Assessment Report". Such remedial plan shall specify:  (1) the actions the agency intends to take to remedy each violation or problem;  (2) an estimate of the costs, if any, of bringing  each  violation  or problem  into  compliance,  and  a total cost estimate for remedying all violations and uncorrected past problems; and  (3) a projected time schedule for remedying each violation or problem.   2. In addition to the audit prepared pursuant to  subdivision  one  of this  section,  each  state  agency  shall  report to the department any violation of this  chapter,  or  regulations  adopted  thereunder,  that presents  an imminent substantial, potential substantial, or discernible threat to the public health or the environment, which has been committed on agency property by the agency's lessees or other persons and of which the agency has become aware.   3. The department shall, before September first of each  year,  submit an  annual  report  to  the  governor,  the  director of the budget, the temporary president of the senate, the  speaker  of  the  assembly,  the chairman   of  the  senate  environmental  conservation  committee,  the chairman of  the  assembly  environmental  conservation  committee,  the chairman  of  the senate finance committee, the chairman of the assembly ways and means committee, and the chairman of the assembly committee  on oversight, analysis and investigation.    The report shall include:   a. a summary of the major categories of violations or uncorrected past problems previously identified in the "Past Practices Assessment Report" dated January, nineteen hundred ninety;   b.  a  description of each violation or uncorrected past environmental problem, including an indication of the year each  violation  was  first reported  to  the  department  and  an  identification  of  the  rank as determined by each agency, pursuant to paragraph (b) of subdivision  one of  this  section,  with any reordering of rankings as determined by the department;   c. a description of  the  progress  made  in  remedying  any  reported violations   or  past  environmental  problems,  and  in  remedying  the violations identified in the previous year's audit,  and  a  listing  of disbursements  to  remedy  violations  or  past problems made during the previous year and disbursements recommended to be made  or  made  during the current fiscal year;   d.  a  description  of  enforcement  efforts  which the department has completed to remedy violations noted in the current or  previous  year's audit report, including whether the department has taken administrative, civil, or criminal enforcement actions;   e. if the department and the agency have entered into a consent decree regarding  the  violation  or problem, the date the violation or problem was first identified by the department; the date the consent decree  was signed;  the  date  by  which,  according  to  the  consent  decree, the violation or problem is to be remedied; and if the remedy date has  been extended,  the  date  such  extension was granted and the revised remedy date;   f. a description of each agency's remedial plan for the correction  of all  existing  identified  violations and uncorrected past environmental problems, specifying:  (1) the actions the agency intends to take to remedy each violation or past problem;  (2) the agency's estimate of the  costs,  if  any,  of  bringing  each violation  or  problem  into  compliance,  and a total estimate for each agency of the costs of remedying all  violations  and  uncorrected  past problems; and  (3)  the agency's projected time schedule for remedying each violation or past problem;   g. a determination by the department of the adequacy of each  agency's proposed remedial plan:  (1) for violations and past problems that pose an imminent substantial threat to the public health or the environment;  (2) for violations and past problems that pose a potential substantial threat to the public health or the environment; or  (3)  that  the  department  has  been  required  to review pursuant to subdivision four of this  section  prior  to  the  disbursement  of  any appropriation for such purpose.   If the department determines that the agency's plan is inadequate, the department  shall  provide a statement explaining this determination. No determination of adequacy need be included in the  report  for  remedial plans  that  are  the  subject of a pending enforcement action or permit proceeding. Remedial plans that are included  as  part  of  a  completed enforcement  action  or  permit  proceeding shall be deemed to have been determined to be adequate; and   h. a listing of violations  committed  by  lessees  or  other  persons reported  by  each  state  agency  pursuant  to  subdivision two of this section, and the actions the department has taken  to  cause  each  such violation to be remedied.    i.  The  department  may,  at  its  discretion,  include  any  of  the information listed in paragraphs (b) through (h) of this subdivision  or any additional appropriate material within appendices to the report.   4.  Within  its requested budget, each state agency shall set forth in the aggregate all proposed appropriations for the purposes of  remedying its  violations  of  the  environmental  conservation law or regulations adopted thereunder. The  amount  requested  to  remedy  each  functional category  of  violation as well as project specific information for each functional category of violation shall also be  set  forth.  A  priority criterion  to  be considered in determining such proposed appropriations shall be the ranking of such violations  as  determined  by  the  agency pursuant  to  paragraph (b) of subdivision one of this section, with any reordering  of  rankings  as  determined  by  the  department.   Amounts appropriated  shall  be  disbursed  for  remediation of the violation or environmental  problem  only  upon  review  and  determination  by   the department  of  the  adequacy of the remedial plan for correction of any such violation or environmental problem.   5. As used in this section, the term "state agency" or "agency"  shall mean:   a. each state department;   b.  Division  of Military and Naval Affairs, Division of State Police, Division of Housing and Community Renewal, Division for Youth, Office of General Services, Office of Parks, Recreation and Historic Preservation, and State University of New York;   c. any other division, board, commission, office,  or  bureau  of  the state  which  is  required  to  obtain  a  permit  or  approval from the department or which undertakes an activity for which  it  must  register with the department;   d.  Albany  Port  District  Commission,  Battery  Park City Authority, Capital District Transportation Authority,  Central  New  York  Regional Transportation  Authority, Dormitory Authority of the State of New York, Facilities   Development   Corporation,   Metropolitan    Transportation Authority  (including the operations of all of its operating units), New York State Energy Research and Development  Authority,  New  York  State Environmental  Facilities  Corporation,  New York State Olympic Regional Development Authority, New York State Thruway Authority, New York  State Urban   Development   Corporation,   Niagara   Frontier   Transportation Authority, Ogdensburg Bridge and Port Authority, Port Authority  of  New York  and  New  Jersey, Port of Oswego Authority, Power Authority of the State of New York, Rochester-Genesee Regional Transportation  Authority; and   e.  any  other  major  agency,  public  authority  or  public  benefit corporation which performs a state function and which is  identified  by the commissioner for the purpose of complying with this section.   6.  On  or  before February fifteenth, nineteen hundred ninety-two and thereafter as may be necessary, the department shall develop  guidelines for  the  preparation  of environmental audits by state agencies and for the ranking of violations and problems based on the threat each poses to the public health or the  environment,  pursuant  to  paragraph  (b)  of subdivision one of this section.   * NB There are 2 § 3-0311's