2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 5 - Environmental Restoration Projects › 56-0515 - Access to Sites.

§ 56-0515. 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, so authorized in writing by the commissioner, to enter upon
any  property  which  has  or may have a contamination on such property,
and/or areas near such property, for the following purposes:
(a)  To  inspect  and  take  samples  of   such   contaminate   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 cleanup, removal, remediation, or restoration 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.
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 contamination 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 contamination 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 contamination 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 to compel compliance therewith.