N.Y. Environmental Conservation Law § 56-0515: Access to sites

§ 56-0515. Access to sites.

The department, by and through the commissioner, shall be authorized

to:

1. Require that any person permit a duly designated officer or

employee of the department or of a municipal corporation, or any agent,

consultant, or contractor of the department or of a municipal

corporation, so authorized in writing by the commissioner, to enter upon

any property which has or may have a contamination on such property,

and/or areas near such property, for the following purposes:

(a) To inspect and take samples of such contaminate and/or

environmental media, utilizing such sampling methods as may be necessary

or appropriate, including without limitation soil borings and monitoring

wells; provided that no sampling methods involving the substantial

disturbance of the ground surface of such property may be utilized until

after a minimum of ten days' written notice thereof shall have been

provided to the owner and operator and occupant of such property, if

identifiable by reasonable efforts, unless the commissioner makes a

written determination that such notice will not allow the protection of

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

notice shall be sufficient;

(b) To implement the cleanup, removal, remediation, or restoration of

contamination and/or environmental media; provided that no such work may

be undertaken until after a minimum of ten days' written notice thereof

shall have been provided to the owner and operator and occupant of such

property, if identifiable by reasonable efforts, unless the commissioner

makes a written determination that such notice will not allow the

protection of the public health or the environment, in which case two

days' written notice shall be sufficient.

2. (a) Require that any person furnish to the department, in a form

and manner as prescribed by the department, information relating to the

current and past contamination generation, treatment, storage, disposal,

and/or transportation activities of such person or any other person now

or formerly under the control of such person; in the event such person

cannot comply therewith, in whole or in part, such person shall furnish

to the department information describing all efforts made by such person

to comply therewith; any information so furnished to the department

shall be considered a "written instrument" as defined in subdivision

three of section 175.00 of the penal law;

(b) Require that any person 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 contamination generation, treatment, storage, disposal,

and/or transportation activities of such person or any person now or

formerly under the control of such person;

(c) Require, by subpoena issued in the name of the department, the

production of books, papers, documents, and other records, and the

rendition of testimony by deposition under oath of any person relating

to the current and past contamination generation, treatment, storage,

disposal, and/or transportation activities of such person or any person

now or formerly under the control 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 therewith.