2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 14 - Brownfield Cleanup Program › 27-1431 - Access to Sites.

§ 27-1431. 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,   or  any  other  person,  including  an  employee,  agent,
consultant, or contractor of an applicant acting at the direction of the
department, so authorized in writing by the commissioner, to enter  upon
any  property  which  has  or  may have been the site of the disposal or
discharge  of  contaminants,  and/or  areas  near  such  site,  for  the
following purposes:
a.   to   inspect   and  take  samples  of  such  contaminants  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 investigation and/or remediation 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.
(i) If any 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, or any other person, including
an employee, agent, consultant or contractor  of  a  responsible  person
acting  at  the direction of the department obtains any samples prior to
leaving the premises they shall give to the owner a  receipt  describing
the sample obtained and, if requested, a portion of such sample equal in
volume  or  weight  to  the portion retained. If any analysis is made of
such samples, a copy of the results of such analysis shall be  furnished
promptly to the owner. Upon the completion of all sampling or subsequent
remediation  activities,  the  department  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 and the owner of the property shall agree otherwise.
(ii) the expense of any such sampling and analysis shall  be  paid  by
the  department, but may be recovered from any responsible person in any
action or proceeding brought pursuant to this title or common law.
c. to inspect for compliance with the site management plan approved by
the  department,  including  (i)  inspection  of  the   performance   of
maintenance,  monitoring  and operational activities required as part of
the remedial program for the site, (ii) inspection for  the  purpose  of
ascertaining  current  uses  of  the  site,  and (iii) taking samples in
accordance with paragraph (a) of this subdivision.
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 contaminant 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 contaminant 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  contaminant  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  or  any  other  court  of  competent  jurisdiction  to compel
compliance therewith.