NY Env Conserv L § 27-1305 (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 27-1305 - Reports by the Department; Registry of Sites.

§ 27-1305. Reports by the department; registry of sites.   1.  The  department  shall  maintain  and  make  available  for public inspection,  either  at  each  of  its  regional  offices  and  regional sub-offices,  at  the  office  of  the county clerk or register for each county and at the office of the town clerk for each town in Suffolk  and Nassau  counties,  or  on  its  homepage  on the internet, a registry of inactive hazardous waste disposal sites in such region or, with  respect to  the  office  of  the  county  clerk or register, in such county. The department shall provide a written copy upon requests by any person. The department shall take all necessary action to ensure that  the  registry provides  a complete and up-to-date listing of all such sites within the region. The department shall, on or before January first,  two  thousand four,  and  annually  thereafter,  transmit  the updated registry to the legislature and the governor.  A  notice  of  the  availability  of  the updated registry shall be sent to the department of health and the chief executive  officer  of  every county. Upon identification of an inactive hazardous waste disposal site not  included  in  the  registry  for  the immediately  preceding  year, the department shall notify in writing the chief executive officer of each county, city, town and village  and  the public  water  supplier  which  services  the area in which such site is located that such site has been so identified. For the purposes of  this section,  "water  supplier"  shall  mean any public water system as such term is defined for the purposes of the sanitary code of  the  state  of New  York as authorized by section two hundred twenty-five of the public health law. Such registry shall include but need not be limited to those items among the  following  which  the  commissioner  determines  to  be necessary:   a. A description of the sites consisting of:  (i)  a  general description of the site, which shall include the name, if any, of the site, the address of the site, the type and  quantity  of the  hazardous waste disposed of at the site and the name of the current owners of the site;  (ii) an assessment by the department of any significant  environmental problems at and near the site;  (iii)  an  assessment  prepared  by  the  department  of health of any serious health problems in the immediate vicinity of the  site  and  any health  problems  deemed  by  the  department of health to be related to conditions at the site;  (iv) the status of any testing,  monitoring  or  remedial  actions  in progress or recommended by the department;  (v)  the status of any pending legal actions and any federal, state or local government permits or approvals concerning the site; and  (vi) an assessment of the relative priority of the need for action  at each site to remedy environmental and health problems resulting from the presence of wastes at such site;   b.  Address  and  site  boundaries including tax map parcel numbers or section, block and lot numbers;   c. Time period of use for disposal of hazardous waste;   d. Name of the current owner and operator and names of  any  past  and reported owners and operators during the time period of use for disposal of hazardous waste;   e.  Names of persons responsible for the generation and transportation of hazardous waste disposed of;   f. Type and quantity of hazardous waste disposed of;   g. Manner of disposal of hazardous waste;   h. Nature of soils at the site;   i. Depth of water table at the site;   j. Location, nature and size of aquifers at the site;    k. Direction of present and historic groundwater flows at the site;   l.  Location,  nature  and  size of all surface waters at and near the site;   m. Levels of contaminants, if any, in groundwater, surface water,  air and  soils at and near the site resulting from hazardous wastes disposed of at the site or from any other cause and areas known  to  be  directly affected or contaminated by wastes from the site;   n.  As  determined by the department of health, current quality of all drinking water drawn from or distributed through the area in  which  the site  is  located  when  the  department of health determines that water quality may have been affected by the site in  question  and  any  known change in the quality of such drinking water over time;   o.  Proximity  of  the site to private residences, public buildings or property, school  facilities,  places  of  work  or  other  areas  where individuals may be present; and   p. The name, address and telephone number of the public water supplier which services the area in which such site is located.   2.  a. The department shall conduct investigations of the sites listed in the registry and shall investigate areas or sites which it has reason to believe should be included in the  registry.  The  purpose  of  these investigations   shall   be  to  develop  the  information  required  by subdivision one of this section to be included in the registry.   b. The department shall, as part of the registry,  assess  and,  based upon  new  information  received, reassess by March thirty-first of each year, in cooperation with the department of health,  the  relative  need for  action  at  each  site  to remedy environmental and health problems resulting from the presence of hazardous wastes at such sites; provided, however, that if at the time of such  assessment  or  reassessment,  the department  has not placed a site in classification 1 or 2, as described in subparagraphs one and two of this paragraph, and  such  site  is  the subject  of  negotiations  for,  or implementation of, a brownfield site cleanup agreement pursuant to title fourteen of this article, obligating the person subject to such agreement to,  at  a  minimum,  eliminate  or mitigate  all  significant  threats to the public health and environment posed by the hazardous waste pursuant to such agreement, the  department shall defer its assessment or reassessment during the period such person is  engaged  in  good faith negotiations to enter into such an agreement and, following its execution, is in compliance with the  terms  of  such agreement,  and  shall  assess  or reassess such site upon completion of remediation to the department's satisfaction. In making its assessments, the  department  shall  place  every  site  in  one  of  the   following classifications:  (1)  Causing  or presenting an imminent danger of causing irreversible or irreparable damage to the  public  health  or  environment--immediate action required;  (2)  Significant  threat  to  the public health or environment--action required;  (3) Does not present a significant threat  to  the  public  health  or environment--action may be deferred;  (4) Site properly closed--requires continued management;  (5)  Site properly closed, no evidence of present or potential adverse impact--no further action required.   c. (1) Any owner or operator of a site listed pursuant to this section may petition the commissioner for deletion of such site, modification of the site classification, or modification of  any  information  regarding such  site  by  submitting  a  written  statement  in  such  form as the commissioner may require setting forth the grounds of the petition.  (2) Within ninety days after  the  submittal  of  such  petition,  the commissioner  may convene an administrative hearing to determine whether a particular site  should  be  deleted  from  the  registry,  receive  a modified  site  classification  or whether any information regarding the site  should  be modified. In any such hearing the burden of proof shall be on the petitioner. No less than thirty days prior to the hearing  the commissioner shall cause a notice of hearing to be published in the next available  environmental  notice  bulletin and in a newspaper of general circulation in the county in which the site is located. The commissioner shall also notify in writing any owner or operator of the site  no  less than  thirty  days  prior  to the hearing. The cost of any such hearing, including  the  cost  of  any  public  notification,  shall  be  at  the petitioner's expense.  (3) No later than thirty days following receipt of the complete record as  that  term  is defined in the state administrative procedure act, or following the decision not to hold  a  hearing  the  commissioner  shall provide  the  owner or operator with a written determination accompanied by reason therefor regarding the deletion of such site, modification  of the  site  classification  or  modification of any information regarding such site. Any final decision rendered  by  the  commissioner  shall  be reviewable  under  article  seventy-eight  of the civil practice law and rules.  (4) The commissioner may not delete any site from the registry without providing public notice no less than sixty days prior  to  the  proposed deletion.  Such  notice  of  deletion  shall  be  published  in the next available environmental notice bulletin and in a  newspaper  of  general circulation in the county in which the site is located. The commissioner shall  also  notify  in  writing  any  owner or operator of the site, if applicable, no less than sixty days prior to the proposed deletion.  The commissioner shall provide a thirty-day period for submission of written comments  and may provide an opportunity for submission of oral comments at a public  meeting  at  or  near  the  site.  The  commissioner  shall summarize  any  comments  received and make the summary available to the public. The  commissioner  may  convene  an  administrative  hearing  to determine whether a particular site should be deleted from the registry, receive  a  modified  site  classification  or  whether  any information regarding the site should be modified.  (5) The department shall  notify,  as  soon  as  possible  and  within available  resources  all  public  repositories  of  the registry of any modifications or deletions to such registry. The department  shall  also note  any  such deletions or modifications in the next annual report and publication of the registry.  (6) The department shall, within ten days of any determination  notify the  local  governments of jurisdiction whenever a change is made in the registry pursuant to this subdivision.   d.  (1)  Within  seven  months  after  the  effective  date  of   this subdivision  the  department shall notify by certified mail the owner of all or any part of each site or area included in the  registry,  of  the inclusion  of  the  site  or area by mailing notice to such owner at the owner's last known address. Thereafter, fifteen days before any site  or area is added to the registry, the department shall notify in writing by certified  mail the owner of all or any part of such site or area of the inclusion of such site or area by mailing notice to each such  owner  at the owner's last known address.  (2)  Notice  pursuant to paragraph a of this subdivision shall include but not be limited to a  description  of  the  duties  and  restrictions imposed  by  section  27-1317  of this title and by section one thousand three hundred eighty-nine-d of the public health law.  (3) Non-receipt of any notice mailed to  an  owner  pursuant  to  this subdivision  shall  in  no  way  affect  the responsibilities, duties or liabilities imposed on any person  by  this  title  or  title  XII-A  of article thirteen of the public health law.   e.  The  department  shall,  in  consultation  with  the department of health, evaluate existing site evaluation systems and  shall  develop  a system  to  select and prioritize sites for remedial action. Such system shall incorporate environmental,  natural  resource  and  public  health concerns.   f.  The  department  shall  develop a site status reporting system and utilize such system to ensure that the registry required by  subdivision one  of  this  section provides a complete and up-to-date listing of all sites in each region.   3. The department shall, as soon as possible but  in  no  event  later than   January   first,   nineteen  hundred  eighty-four,  and  annually thereafter prepare and submit in writing  a  "state  inactive  hazardous waste remedial plan," hereinafter referred to as "the plan" to the state superfund management board. Such board shall then approve of the plan or make  such  modification  as  it  is empowered to do pursuant to section 27-1319 of this chapter and submit the approved plan or  modified  plan, to  the  governor and the legislature on or before March first, nineteen hundred eighty-four and annually thereafter. In preparing, compiling and updating the plan, the department shall:   a. Conduct or cause to  be  conducted  field  investigations  of  high priority  sites  listed  in  the inactive hazardous waste disposal sites registry for the purpose of further defining necessary remedial  action. 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. Make 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.   c. Make 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.   d. Consider the effects on the health, environment and economy of  the state  when assessing the relative priority of sites as required by this section, especially any actual or significant  threat  of  direct  human contact or contamination of groundwater or drinking water.   e.  Detail  the  recommended strategy, methods and time frame by which remedial  action  at  sites  shall  be  carried  out,  except  that   no information or work product associated with actual or pending litigation shall be divulged unless otherwise required by law.   f.  Estimate,  with  reasonable  specificity,  based  upon  the  field investigations,  assessments,  analyses,  document  reviews  and   other appropriate  data  gathering,  the  costs  of  remedial action for sites included in the plan, considering the appropriate methods and techniques as currently exist in the field of hazardous waste  management  and  any such  estimates  or  recommendations  shall  reflect  such  costs as are reasonably necessary to contain, alleviate or end the threat to life  or health or to the environment.   4. On or before July first, nineteen hundred eighty-six and July first of each succeeding year, the department shall prepare a status report on the  implementation  of the plan, and an update of the policies, program objectives, methods and strategies as outlined in the plan  which  guide  the  overall  inactive  hazardous  waste  site remediation program. Such status report shall reflect information available to the  department  as of  March  thirty-first of each year, and shall include an accounting of all  monies  expended  or encumbered from the environmental quality bond act of nineteen hundred eighty-six or the hazardous waste remedial  fund during the preceding fiscal year, such accounting to separately list:   a.  monies  expended  or encumbered for the purpose of conducting site investigations;   b. monies  expended  or  encumbered  for  the  purpose  of  conducting remedial investigations and feasibility studies;   c.  monies  expended  or  encumbered  for  the  purpose  of conducting remedial design studies;   d. monies  expended  or  encumbered  for  the  purpose  of  conducting remedial construction activities;   e.  monies  expended  or  encumbered  for  operation, maintenance, and monitoring activities;   f. monies expended or encumbered for interim remedial measures;   g. monies expended or encumbered for  administrative  personnel  costs associated   with  activities  conducted  at  inactive  hazardous  waste disposal sites;   h. monies expended or encumbered for oversight activities at  inactive hazardous waste disposal sites;   i.  monies  expended  or encumbered in stand-by contracts entered into pursuant to section 3-0309 of this chapter and the  purposes  for  which these stand-by contracts were entered into; and   j.  an  accounting  of  payments received and payments obligated to be received pursuant to this  title,  and  a  report  of  the  department's attempts to secure such obligations.