N.Y. Environmental Conservation Law § 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.