NY Env Conserv L § 27-1318 (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 27-1318 - Institutional and Engineering Controls.

§ 27-1318. Institutional and engineering controls.  (a)  When  the  department approves a proposed remedial work plan that includes  institutional  controls   and/or   engineering   controls   as components of a proposed remedial program, such remedial work plan shall include:  (i)  a  complete  description  of any proposed use restrictions and/or institutional  controls  and  the  mechanisms  that  will  be  used   to implement,   maintain,   monitor,  and  enforce  such  restrictions  and controls;  (ii) a complete description of any proposed engineering  controls  and any  operation,  maintenance, and monitoring requirements, including the mechanisms  that  will  be  used  to  continually  implement,  maintain, monitor, and enforce such controls and requirements;  (iii)  an evaluation of the reliability and viability of the long-term implementation, maintenance, monitoring, and enforcement of any proposed institutional or engineering controls and an analysis of  the  long-term costs  of  implementing,  maintaining,  monitoring  and  enforcing  such controls,  including  costs  that  may  be  borne  by  state  or   local governments;  (iv)  sufficient  analysis  to  support  a  conclusion  that effective implementation, maintenance, monitoring and enforcement of institutional and/or engineering controls can be reasonably expected;  (v) where required by the department, financial  assurance  to  ensure the  long-term  implementation, maintenance, monitoring, and enforcement of any such controls; and  (vi) a requirement that  any  engineering  control  must  be  used  in conjunction   with   institutional  controls  to  ensure  the  continued integrity of such engineering control.  (b) Within one hundred eighty days of  commencement  of  the  remedial design,  the  owner of an inactive hazardous waste disposal site, and/or any person responsible for implementing a remedial program at such site, where institutional or engineering controls  are  employed  pursuant  to this  title,  shall  execute an environmental easement pursuant to title thirty-six of article seventy-one of this chapter.  (c) The owner of an inactive hazardous waste disposal site, and/or any person responsible for implementing the remedial program  at  such  site where  institutional  or  engineering  controls are employed pursuant to this  title  shall,  unless  otherwise  provided  in  writing   by   the department,  annually submit to the department a written statement by an individual licensed or otherwise authorized in accordance  with  article one  hundred  forty-five of the education law to practice the profession of engineering, or by such other  expert  as  the  department  may  find acceptable  certifying  under  penalty of perjury that the institutional controls and/or engineering controls employed at such site are unchanged from the previous certification and that nothing has occurred that would impair the ability of such control to  protect  the  public  health  and environment,  or  constitute  a  violation or failure to comply with any operation and maintenance plan for such controls and  giving  access  to such real property to evaluate continued maintenance of such controls.