N.Y. Environmental Conservation Law § 27-1411: Work plan requirements

§ 27-1411. Work plan requirements.

1. A remedial investigation work plan shall provide for the

investigation and characterization of the nature and extent of the

contamination within the boundaries of the brownfield site; provided,

however, a participant shall also be required to fully investigate and

characterize the nature and extent of contamination emanating from such

site; and a volunteer must perform a qualitative exposure assessment

pursuant to subdivision two of section 27-1415 of this title regarding

contamination emanating from such site. Such work plan shall require

that the applicant cause a final report to be prepared and submitted to

the department that identifies the investigation activities completed

pursuant to such work plan. Such final report, at a minimum, shall:

(a) Fully characterize the nature and extent of contamination at the

brownfield site; a participant shall also fully characterize the nature

and extent of contamination that has emanated from the brownfield site;

and a volunteer shall describe the findings of the off-site exposure

assessments;

(b) State whether the completed investigation has demonstrated that

conditions at the brownfield site (1) require remediation in order to

meet the remedial requirements of this title; or (2) meet the

requirements of this title without necessity for remediation;

(c) Within twenty days of the completion of the final report the

department shall make a final determination regarding whether the site

poses a significant threat based on criteria promulgated pursuant to

title thirteen of this article; and

(d) For it to be determined that the requirements of this title have

been met without the necessity for remediation, an alternatives analysis

pursuant to section 27-1413 of this title must support such

determination for all sites which do not meet the requirements in Track

1 for unrestricted use and the department must have made a final

determination that the site does not pose a significant threat.

2. A remedial work plan shall provide for the development and

implementation of a remedial program for such contamination within the

boundaries of such brownfield site; provided, however, that a

participant shall also be required to provide in such work plan for the

development and implementation of a remedial program for contamination

that has emanated from such site.

3. Interim remedial measures. (a) Interim remedial measure work plan.

For interim remedial measures that are not emergency response actions an

interim remedial measure work plan shall be prepared by the applicant

containing such provisions as the department deems appropriate.

(b) Interim remedial measure report. For interim remedial measures

that are not emergency response actions, an interim remedial measure

report must be prepared and submitted to the department which shall

include a description of all interim remedial measures completed

pursuant to the interim remedial measure work plan.

4. The commissioner shall use all best efforts to expeditiously

approve, modify, or reject a proposed work plan within forty-five days

from its receipt or within fifteen days of the close of the comment

period, whichever is later.

(a) If the commissioner rejects a proposed work plan, the commissioner

shall notify the applicant and specify the reasons for rejecting same.

(b) If the commissioner approves or modifies such proposed work plan,

the commissioner shall notify the applicant, in writing, that the

proposed work plan has been approved or modified. If the commissioner

requires a modification, the applicant may agree to modify such proposed

work plan or withdraw it from consideration.

5. Within six months of the determination that a site poses a

significant threat, in the event that the applicant is a volunteer, the

department shall bring an enforcement action against any parties known

or suspected to be responsible for contamination (other than such

volunteer) at or emanating from the site according to applicable

principles of statutory or common law liability. 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 on-site

remedial program, whichever is later. The state shall use moneys from

the hazardous waste remedial fund established pursuant to section

ninety-seven-b of the state finance law, and/or from the New York

environmental protection and spill compensation fund established

pursuant to section one hundred seventy-nine of the navigation law, as

appropriate, to undertake the investigation and/or remediation of such

contamination. The state's costs incurred relative to such off-site

contamination shall be recoverable by the state from the person or

persons responsible.

6. An applicant shall include with every report submitted to the

department a schedule for the submission of any subsequent work plan

required to meet the requirements of this title.