2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 12 - Mitigation and Remediation of Certain Solid Waste Sites and Drinking Water Contamination › 27-1203 - Mitigation and Remediation of Solid Waste Sites.

§ 27-1203. Mitigation and remediation of solid waste sites.
1.  The  solid  waste  site  priority in this state is to mitigate and
  remediate any solid waste site causing or substantially contributing  to
  impairments of drinking water quality which may impact public health.
2. The department shall, in conjunction with the department of health,
  develop  a  system  to  select  and  prioritize sites for mitigation and
  remediation, considering the effects on the health of the state.
3.  Beginning  July  first,  two  thousand   nineteen   and   annually
  thereafter,  the department shall prepare and submit to the governor and
  the legislature a comprehensive plan designed to mitigate and  remediate
  solid  waste  sites.  This  plan  shall  establish  a  solid  waste site
  mitigation and remediation priority list.
4. The department is authorized to conduct preliminary  investigations
  to  determine  if  a  solid  waste  site  is  causing  or  substantially
  contributing  to  imminent   or   documented   drinking   water   source
  contamination.  The  department,  and any employee, agent, consultant or
  other person acting at the direction of the department, shall  have  the
  authority  to enter all solid waste sites for the purpose of preliminary
  investigation, mitigation and remediation, provided that the  department
  has  made  a reasonable effort to identify the owner of such property to
  notify such owner of the intent to enter the property at least ten  days
  in  advance.    In  the event the commissioner of health makes a written
  determination that such ten day notice will not be sufficient to protect
  public health,  two  days'  written  notice  shall  be  sufficient.  Any
  inspection  of  the property and each taking of samples shall take place
  at reasonable times and shall be commenced and completed with reasonable
  promptness.  Such preliminary investigation shall include:
a. conducting or causing to be conducted field investigations of  high
  priority   sites   identified   in  the  plan  established  pursuant  to
  subdivision three of this section for the purpose  of  further  defining
  necessary  mitigation  and  remediation,  if  any. 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.  making 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. If the owner of a solid waste  site  can  be
  identified,  the  department  shall provide such owner with a minimum of
  ten days' written notice of the intent to take such borings  or  samples
  in  accordance  with  the  provisions  of  subdivision twelve of section
  27-1205 of this title. If any analysis is made of such samples,  a  copy
  of the results of such analysis shall be furnished promptly to the owner
  or  operator.  Upon  the  completion  of  all  sampling  activities, the
  department or authorized person 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
  or  authorized  person,  and  the  owner of the property shall otherwise
  agree;
c. making 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.
5. If the department or the  department  of  health,  as  appropriate,
  determines  that  a  solid  waste site poses a significant threat to the
  public health or environment due  to  hazardous  waste,  the  department
  shall  refer  the  site  to  the  inactive hazardous waste disposal site
  remedial program pursuant to title thirteen of this article.
6.  Where  the  department  has  determined  through   a   preliminary
  investigation  conducted  pursuant  to  subdivision four of this section
  that a solid waste site is  causing  or  substantially  contributing  to
  contamination  of  a public drinking water supply, the owner or operator
  of  a  solid  waste  site  shall,  at  the department's written request,
  cooperate with any and all remedial measures deemed necessary and  which
  shall   be  undertaken  by  the  department,  in  conjunction  with  the
  department of health, for the mitigation  and  remediation  of  a  solid
  waste  site  or  area  which  is necessary to ensure that drinking water
  meets  applicable  standards,  including  maximum  contaminant   levels,
  notification  levels,  maximum  residual  disinfectant levels, or action
  levels established by the  department  of  health.  The  department  may
  implement  necessary  measures to mitigate and remediate the solid waste
  site within amounts appropriated for such purposes from the solid  waste
  mitigation program.