§ 27-1203 — Mitigation and remediation of solid waste sites

§ 27-1203. Mitigation and remediation of solid waste sites.\n 1. The solid waste site priority in this state is to mitigate and\nremediate any solid waste site causing or substantially contributing to\nimpairments of drinking water quality which may impact public health.\n 2. The department shall, in conjunction with the department of health,\ndevelop a system to select and prioritize sites for mitigation and\nremediation, considering the effects on the health of the state.\n 3. Beginning July first, two thousand nineteen and annually\nthereafter, the department shall prepare and submit to the governor and\nthe legislature a comprehensive plan designed to mitigate and remediate\nsolid waste sites. This plan shall establish a solid waste site\nmitigation and remediation priority list.\n 4. The department is authorized to conduct preliminary investigations\nto determine if a solid waste site is causing or substantially\ncontributing to imminent or documented drinking water source\ncontamination. The department, and any employee, agent, consultant or\nother person acting at the direction of the department, shall have the\nauthority to enter all solid waste sites for the purpose of preliminary\ninvestigation, mitigation and remediation, provided that the department\nhas made a reasonable effort to identify the owner of such property to\nnotify such owner of the intent to enter the property at least ten days\nin advance. In the event the commissioner of health makes a written\ndetermination that such ten day notice will not be sufficient to protect\npublic health, two days' written notice shall be sufficient. Any\ninspection of the property and each taking of samples shall take place\nat reasonable times and shall be commenced and completed with reasonable\npromptness. Such preliminary investigation shall include:\n a. conducting or causing to be conducted field investigations of high\npriority sites identified in the plan established pursuant to\nsubdivision three of this section for the purpose of further defining\nnecessary mitigation and remediation, if any. To the maximum extent\npracticable, the department shall utilize existing information\nincluding, but not limited to, subsurface borings and any analyses or\ntests of samples taken from such sites by owners or operators, other\nresponsible persons and any federal or non-federal agencies;\n b. making any subsurface borings and any analyses or tests of samples\ntaken as may be necessary or desirable to effectuate the field\ninvestigations of sites as required under this section subject to the\nrequirements of this title. If the owner of a solid waste site can be\nidentified, the department shall provide such owner with a minimum of\nten days' written notice of the intent to take such borings or samples\nin accordance with the provisions of subdivision twelve of section\n27-1205 of this title. If any analysis is made of such samples, a copy\nof the results of such analysis shall be furnished promptly to the owner\nor operator. Upon the completion of all sampling activities, the\ndepartment or authorized person shall remove, or cause to be removed,\nall equipment and well machinery and return the ground surface of the\nproperty to its condition prior to such sampling, unless the department\nor authorized person, and the owner of the property shall otherwise\nagree;\n c. making any record searches or document reviews as may be necessary\nor desirable to effectuate the purposes of this section subject to the\nrequirements of this title.\n 5. If the department or the department of health, as appropriate,\ndetermines that a solid waste site poses a significant threat to the\npublic health or environment due to hazardous waste, the department\nshall refer the site to the inactive hazardous waste disposal site\nremedial program pursuant to title thirteen of this article.\n 6. Where the department has determined through a preliminary\ninvestigation conducted pursuant to subdivision four of this section\nthat a solid waste site is causing or substantially contributing to\ncontamination of a public drinking water supply, the owner or operator\nof a solid waste site shall, at the department's written request,\ncooperate with any and all remedial measures deemed necessary and which\nshall be undertaken by the department, in conjunction with the\ndepartment of health, for the mitigation and remediation of a solid\nwaste site or area which is necessary to ensure that drinking water\nmeets applicable standards, including maximum contaminant levels,\nnotification levels, maximum residual disinfectant levels, or action\nlevels established by the department of health. The department may\nimplement necessary measures to mitigate and remediate the solid waste\nsite within amounts appropriated for such purposes from the solid waste\nmitigation program.\n