NY Env Conserv L § 27-1203 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 12 - Mitigation and Remediation of Certain Solid Waste Sites and Drinking Water Contamination 27-1203 - Mitigation and Remediation of Solid Waste Sites.

§ 27-1203. Mitigation and remediation of solid waste sites.1.  The  solid  waste  site  priority in this state is to mitigate and   remediate any solid waste site causing or substantially contributing  to   impairments of drinking water quality which may impact public health.2. The department shall, in conjunction with the department of health,   develop  a  system  to  select  and  prioritize sites for mitigation and   remediation, considering the effects on the health of the state.3.  Beginning  July  first,  two  thousand   nineteen   and   annually   thereafter,  the department shall prepare and submit to the governor and   the legislature a comprehensive plan designed to mitigate and  remediate   solid  waste  sites.  This  plan  shall  establish  a  solid  waste site   mitigation and remediation priority list.4. The department is authorized to conduct preliminary  investigations   to  determine  if  a  solid  waste  site  is  causing  or  substantially   contributing  to  imminent   or   documented   drinking   water   source   contamination.  The  department,  and any employee, agent, consultant or   other person acting at the direction of the department, shall  have  the   authority  to enter all solid waste sites for the purpose of preliminary   investigation, mitigation and remediation, provided that the  department   has  made  a reasonable effort to identify the owner of such property to   notify such owner of the intent to enter the property at least ten  days   in  advance.    In  the event the commissioner of health makes a written   determination that such ten day notice will not be sufficient to protect   public health,  two  days'  written  notice  shall  be  sufficient.  Any   inspection  of  the property and each taking of samples shall take place   at reasonable times and shall be commenced and completed with reasonable   promptness.  Such preliminary investigation shall include:a. conducting or causing to be conducted field investigations of  high   priority   sites   identified   in  the  plan  established  pursuant  to   subdivision three of this section for the purpose  of  further  defining   necessary  mitigation  and  remediation,  if  any. To the maximum extent   practicable,  the  department   shall   utilize   existing   information   including,  but  not  limited to, subsurface borings and any analyses or   tests of samples taken from such sites by  owners  or  operators,  other   responsible persons and any federal or non-federal agencies;b.  making any subsurface borings and any analyses or tests of samples   taken  as  may  be  necessary  or  desirable  to  effectuate  the  field   investigations  of  sites  as required under this section subject to the   requirements of this title. If the owner of a solid waste  site  can  be   identified,  the  department  shall provide such owner with a minimum of   ten days' written notice of the intent to take such borings  or  samples   in  accordance  with  the  provisions  of  subdivision twelve of section   27-1205 of this title. 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 the property shall otherwise   agree;c. making any record searches or document reviews as may be  necessary   or  desirable  to effectuate the purposes of this section subject to the   requirements of this title.5. If the department or the  department  of  health,  as  appropriate,   determines  that  a  solid  waste site poses a significant threat to the   public health or environment due  to  hazardous  waste,  the  department   shall  refer  the  site  to  the  inactive hazardous waste disposal site   remedial program pursuant to title thirteen of this article. 6.  Where  the  department  has  determined  through   a   preliminary   investigation  conducted  pursuant  to  subdivision four of this section   that a solid waste site is  causing  or  substantially  contributing  to   contamination  of  a public drinking water supply, the owner or operator   of  a  solid  waste  site  shall,  at  the department's written request,   cooperate with any and all remedial measures deemed necessary and  which   shall   be  undertaken  by  the  department,  in  conjunction  with  the   department of health, for the mitigation  and  remediation  of  a  solid   waste  site  or  area  which  is necessary to ensure that drinking water   meets  applicable  standards,  including  maximum  contaminant   levels,   notification  levels,  maximum  residual  disinfectant levels, or action   levels established by the  department  of  health.  The  department  may   implement  necessary  measures to mitigate and remediate the solid waste   site within amounts appropriated for such purposes from the solid  waste   mitigation program.