NY Env Conserv L § 56-0515 (2021)
2021 New York Laws ENV - Environmental Conservation Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 Title 5 - Environmental Restoration Projects 56-0515 - Access to Sites.

§ 56-0515. 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, so authorized in writing by the commissioner, to enter upon any  property  which  has  or may have a contamination on such property, and/or areas near such property, for the following purposes:  (a)  To  inspect  and  take  samples  of   such   contaminate   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 cleanup, removal, remediation, or restoration 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.   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 contamination 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 contamination 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 contamination 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 to compel compliance therewith.