N.Y. Environmental Conservation Law § 27-1318: Institutional and engineering controls

§ 27-1318. Institutional and engineering controls.

(a) When the department approves a proposed remedial work plan that

includes institutional controls and/or engineering controls as

components of a proposed remedial program, such remedial work plan shall

include:

(i) a complete description of any proposed use restrictions and/or

institutional controls and the mechanisms that will be used to

implement, maintain, monitor, and enforce such restrictions and

controls;

(ii) a complete description of any proposed engineering controls and

any operation, maintenance, and monitoring requirements, including the

mechanisms that will be used to continually implement, maintain,

monitor, and enforce such controls and requirements;

(iii) an evaluation of the reliability and viability of the long-term

implementation, maintenance, monitoring, and enforcement of any proposed

institutional or engineering controls and an analysis of the long-term

costs of implementing, maintaining, monitoring and enforcing such

controls, including costs that may be borne by state or local

governments;

(iv) sufficient analysis to support a conclusion that effective

implementation, maintenance, monitoring and enforcement of institutional

and/or engineering controls can be reasonably expected;

(v) where required by the department, financial assurance to ensure

the long-term implementation, maintenance, monitoring, and enforcement

of any such controls; and

(vi) a requirement that any engineering control must be used in

conjunction with institutional controls to ensure the continued

integrity of such engineering control.

(b) Within one hundred eighty days of commencement of the remedial

design, the owner of an inactive hazardous waste disposal site, and/or

any person responsible for implementing a remedial program at such site,

where institutional or engineering controls are employed pursuant to

this title, shall execute an environmental easement pursuant to title

thirty-six of article seventy-one of this chapter.

(c) The owner of an inactive hazardous waste disposal site, and/or any

person responsible for implementing the remedial program at such site

where institutional or engineering controls are employed pursuant to

this title shall, unless otherwise provided in writing by the

department, annually submit to the department a written statement by an

individual licensed or otherwise authorized in accordance with article

one hundred forty-five of the education law to practice the profession

of engineering, or by such other expert as the department may find

acceptable certifying under penalty of perjury that the institutional

controls and/or engineering controls employed at such site are unchanged

from the previous certification and that nothing has occurred that would

impair the ability of such control to protect the public health and

environment, or constitute a violation or failure to comply with any

operation and maintenance plan for such controls and giving access to

such real property to evaluate continued maintenance of such controls.