N.Y. Environmental Conservation Law § 27-1309: Access to records and sites

§ 27-1309. Access to records and sites.

1. Every person shall, upon the written request of the commissioner or

a designee, 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

hazardous waste generating, transporting or disposal activities of such

person.

2. The commissioner may sign and issue subpoenas in the name of the

department requiring the production of books, papers, documents and

other records and may take testimony by depositions under oath of any

person relating to the current and past waste generating, transporting

or disposal activities 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 with any such subpoena or any request to take such

depositions.

3. Any duly designated officer or employee of the department, or of

any state agency, and any agent, consultant, contractor, or other

person, including an employee, agent, consultant, or contractor of a

responsible person acting at the direction of the department, so

authorized in writing by the commissioner, may enter any inactive

hazardous waste disposal site and areas near such site and inspect and

take samples of wastes, soils, air, surface water, and groundwater. In

order to take such samples, the department or authorized person may

utilize or cause to be utilized such sampling methods as it determines

to be necessary including, but not limited to, soil borings and

monitoring wells.

4. The department or authorized person shall not take any samples

involving the substantial disturbance of the ground surface of any

property unless it has made a reasonable effort to identify the owner of

the property and to notify such owner of the intent to take such

samples. If the owner can be identified, the department shall provide

such owner with a minimum of ten days' written notice of the intent to

take such samples, unless the commissioner makes a written determination

that such ten day notice will not allow the department to protect the

environment or public health, in which case two days' written notice

shall be sufficient. Any inspection of the property and each such taking

of samples shall take place at reasonable times and shall be commenced

and completed with reasonable promptness. If any officer, employee,

agent, consultant, contractor, or other person so authorized in writing

by the commissioner obtains any samples prior to leaving the premises,

he or she shall give to the owner or operator 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 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 property shall

otherwise agree.

5. 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;

provided, that if the person so authorized in writing shall be an

employee, agent, consultant, or contractor of a responsible person

acting at the direction of the department, then the expense of any such

sampling and analysis shall be paid by the responsible person.