N.Y. Environmental Conservation Law § 15-3109: Groundwater remediation strategy

§ 15-3109. Groundwater remediation strategy.

No later than three years after the effective date of this title, the

department, in consultation with the department of health, shall develop

and publish a strategy to address the long-term remediation of

groundwater contamination, including strategies to protect groundwater

from future degradation from contaminated sites.

1. Such strategy shall govern all programs within the department

responsible for groundwater protection and remediation. Such strategy

shall include, but not be limited to:

(a) Recognition that both short- and long-term remediation strategies

may be necessary to address groundwater contamination.

(b) Identification of the long-term groundwater remedial activities

that are required to be taken by the state pursuant to title fourteen of

article twenty-seven of this chapter for sites which the department has

determined pose a significant threat, or which can be initiated by the

state pursuant to other provisions of this chapter to address

groundwater contamination.

(c) Establishment of criteria for the prioritization of long-term

groundwater remediation activities to be performed by the department.

Such criteria shall include, but not be limited to:

(i) the current or reasonably anticipated future use of contaminated

groundwater as drinking water;

(ii) the current or reasonably anticipated future use of a groundwater

aquifer into which contaminated groundwater is flowing as drinking

water;

(iii) the current or reasonably anticipated future use of contaminated

groundwater for non-potable purposes including but not limited to

recreational uses, institutional uses and agricultural or

non-agricultural irrigation;

(iv) community needs;

(v) feasibility of remediation; and

(vi) protection of natural resources and minimizing the impairment of

the resource.

Notwithstanding subparagraphs (i) through (vi) of this paragraph,

while the current use of groundwater as drinking water may be

considered, the absence of such use shall not exclude the need for

remediation.

2. A public comment period of at least one hundred twenty days shall

be held on the initial draft strategy. Such strategy shall be updated

regularly based on progress made and the availability of new remedial

technologies, scientific information, and field data. Each updated draft

strategy shall be released to the public, and will require a public

comment period of at least sixty days.

3. The department is responsible pursuant to title fourteen of article

twenty-seven of this chapter for the remediation of off-site groundwater

contamination emanating from sites being remediated by a volunteer,

which sites have been determined to be a significant threat. Within six

months of the determination of significant threat at a site being

remediated by the volunteer the department shall bring an enforcement

action against any parties known or suspected to be responsible for

contamination at or emanating from the site which is the subject of such

agreement. If such action cannot be brought, or does not result in the

initiation of a remedial program by such party or parties at such site,

the department shall use best efforts to begin a remedial program to

perform the remediation of off-site contamination at such site within

one year of the completion of such enforcement action or the completion

of the volunteer's remedial program, whichever is later.