2023 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.