§ 27-1305 — Reports by the department; registry of sites

§ 27-1305. Reports by the department; registry of sites.\n 1. The department shall maintain and make available for public\ninspection, either at each of its regional offices and regional\nsub-offices, at the office of the county clerk or register for each\ncounty and at the office of the town clerk for each town in Suffolk and\nNassau counties, or on its website, a registry of inactive hazardous\nwaste disposal sites in such region or, with respect to the office of\nthe county clerk or register, in such county, or with respect to its\nwebsite, the entire state. The department shall provide a written copy\nupon requests by any person. The department shall take all necessary\naction to ensure that the registry provides a complete and up-to-date\nlisting of all such sites within the region. The department shall, on or\nbefore January first, two thousand four, and annually thereafter,\ntransmit the updated registry to the legislature and the governor. A\nnotice of the availability of the updated registry shall be sent to the\ndepartment of health and the chief executive officer of every county.\nUpon identification of an inactive hazardous waste disposal site not\nincluded in the registry for the immediately preceding year, the\ndepartment shall notify in writing the chief executive officer of each\ncounty, city, town and village and the public water supplier which\nservices the area in which such site is located that such site has been\nso identified. For the purposes of this section, "water supplier" shall\nmean any public water system as such term is defined for the purposes of\nthe sanitary code of the state of New York as authorized by section two\nhundred twenty-five of the public health law. Such registry shall\ninclude but need not be limited to those items among the following which\nthe commissioner determines to be necessary:\n a. A description of the sites consisting of:\n (i) a general description of the site, which shall include the name,\nif any, of the site, the address of the site, the type and quantity of\nthe hazardous waste disposed of at the site and the name of the current\nowners of the site;\n (ii) an assessment by the department of any significant environmental\nproblems at and near the site;\n (iii) an assessment prepared by the department of health of any\nserious health problems in the immediate vicinity of the site and any\nhealth problems deemed by the department of health to be related to\nconditions at the site;\n (iv) the status of any testing, monitoring or remedial actions in\nprogress or recommended by the department;\n (v) the status of any pending legal actions and any federal, state or\nlocal government permits or approvals concerning the site; and\n (vi) an assessment of the relative priority of the need for action at\neach site to remedy environmental and health problems resulting from the\npresence of wastes at such site;\n b. Address and site boundaries including tax map parcel numbers or\nsection, block and lot numbers, and if the site is located within a\ndisadvantaged community;\n c. Time period of use for disposal of hazardous waste;\n d. Name of the current owner and operator and names of any past and\nreported owners and operators during the time period of use for disposal\nof hazardous waste;\n e. Names of persons responsible for the generation and transportation\nof hazardous waste disposed of;\n f. Type and quantity of hazardous waste disposed of;\n g. Manner of disposal of hazardous waste;\n h. Nature of soils at the site;\n i. Depth of water table at the site;\n j. Location, nature and size of aquifers at the site;\n k. Direction of present and historic groundwater flows at the site;\n l. Location, nature and size of all surface waters at and near the\nsite;\n m. Levels of contaminants, if any, in groundwater, surface water, air\nand soils at and near the site resulting from hazardous wastes disposed\nof at the site or from any other cause and areas known to be directly\naffected or contaminated by wastes from the site;\n n. As determined by the department of health, current quality of all\ndrinking water drawn from or distributed through the area in which the\nsite is located when the department of health determines that water\nquality may have been affected by the site in question and any known\nchange in the quality of such drinking water over time;\n o. Proximity of the site to private residences, public buildings or\nproperty, school, daycare, medical, or senior care facilities, places of\nwork or other areas where individuals may be present, or location within\na disadvantaged community; and\n p. The name, address and telephone number of the public water supplier\nwhich services the area in which such site is located.\n 2. a. The department shall conduct investigations of the sites listed\nin the registry and shall investigate areas or sites which it has reason\nto believe should be included in the registry. The purpose of these\ninvestigations shall be to develop the information required by\nsubdivision one of this section to be included in the registry.\n b. (1) Assessment and classification. The department shall, as part of\nthe registry, assess and, based upon new information received, reassess\nby March thirty-first of each year, in cooperation with the department\nof health, the relative need for action at each site to remedy\nenvironmental and health problems resulting from the presence of\nhazardous wastes at such sites including in such assessment whether\nsites shall be prioritized under subdivision five of this section due to\nsite location in an area identified as a disadvantaged community;\nprovided, however, that if at the time of such assessment or\nreassessment, the department has not placed a site in classification 1\nor 2, as described in clauses (i) and (ii) of this subparagraph, and\nsuch site is the subject of negotiations for, or implementation of, a\nbrownfield site cleanup agreement pursuant to title fourteen of this\narticle, obligating the person subject to such agreement to, at a\nminimum, eliminate or mitigate all significant threats to the public\nhealth and environment posed by the hazardous waste pursuant to such\nagreement, the department shall defer its assessment or reassessment\nduring the period such person is engaged in good faith negotiations to\nenter into such an agreement and, following its execution, is in\ncompliance with the terms of such agreement, and shall assess or\nreassess such site upon completion of remediation to the department's\nsatisfaction. In making its assessments, the department shall place\nevery site in one of the following classifications:\n (i) Causing or presenting an imminent danger of causing irreversible\nor irreparable damage to the public health or environment--immediate\naction required;\n (ii) Significant threat to the public health or environment--action\nrequired;\n (iii) Does not present a significant threat to the public health or\nenvironment--action may be deferred;\n (iv) Site properly closed--requires continued management;\n (v) Site properly closed, no evidence of present or potential adverse\nimpact--no further action required.\n (2) Prioritization. The department shall, in accordance with\nsubdivision five of this section, prioritize remedial programs at sites\nplaced in classification 1 or 2, as described in clauses (i) and (ii) of\nsubparagraph one of this paragraph, that are located in disadvantaged\ncommunities, consistent with the protection of public health and the\nenvironment.\n c. (1) Any owner or operator of a site listed pursuant to this section\nmay petition the commissioner for deletion of such site, modification of\nthe site classification, or modification of any information regarding\nsuch site by submitting a written statement in such form as the\ncommissioner may require setting forth the grounds of the petition.\n (2) Within ninety days after the submittal of such petition, the\ncommissioner may convene an administrative hearing to determine whether\na particular site should be deleted from the registry, receive a\nmodified site classification or whether any information regarding the\nsite should be modified. In any such hearing the burden of proof shall\nbe on the petitioner. No less than thirty days prior to the hearing the\ncommissioner shall cause a notice of hearing to be published in the next\navailable environmental notice bulletin, on the department's website,\nand in a newspaper of general circulation in the county in which the\nsite is located. The commissioner shall also notify in writing any owner\nor operator of the site, as well as the owners of record of adjacent\nproperties, no less than thirty days prior to the hearing. The cost of\nany such hearing, including the cost of any public notification, shall\nbe at the petitioner's expense.\n (3) No later than thirty days following receipt of the complete record\nas that term is defined in the state administrative procedure act, or\nfollowing the decision not to hold a hearing the commissioner shall\nprovide the owner or operator with a written determination accompanied\nby reason therefor regarding the deletion of such site, modification of\nthe site classification or modification of any information regarding\nsuch site. Any final decision rendered by the commissioner shall be\nreviewable under article seventy-eight of the civil practice law and\nrules.\n (4) The commissioner may not delete any site from the registry without\nproviding public notice no less than sixty days prior to the proposed\ndeletion. Such notice of deletion shall be published in the next\navailable environmental notice bulletin, on the department's website,\nand in a newspaper of general circulation in the county in which the\nsite is located. The commissioner shall also notify in writing any owner\nor operator of the site, if applicable, no less than sixty days prior to\nthe proposed deletion. The commissioner shall provide a thirty-day\nperiod for submission of written comments and an opportunity for\nsubmission of oral comments at a public meeting at or near the site. The\ncommissioner shall summarize any comments received and make the summary\navailable to the public on the department's website. The commissioner\nmay convene an administrative hearing to determine whether a particular\nsite should be deleted from the registry, receive a modified site\nclassification or whether any information regarding the site should be\nmodified.\n (5) The department shall notify, as soon as possible and within\navailable resources all public repositories of the registry, including\nupdating its website, of any modifications or deletions to such\nregistry. The department shall also note any such deletions or\nmodifications in the next annual report and publication of the registry.\n (6) The department shall, within ten days of any determination notify\nthe local governments of jurisdiction whenever a change is made in the\nregistry pursuant to this subdivision.\n d. (1) Within seven months after the effective date of this\nsubdivision the department shall notify by certified mail the owner of\nall or any part of each site or area included in the registry, of the\ninclusion of the site or area by mailing notice to such owner at the\nowner's last known address. Thereafter, fifteen days before any site or\narea is added to the registry, the department shall notify in writing by\ncertified mail the owner of all or any part of such site or area of the\ninclusion of such site or area by mailing notice to each such owner at\nthe owner's last known address.\n (2) Notice pursuant to paragraph a of this subdivision shall include\nbut not be limited to a description of the duties and restrictions\nimposed by section 27-1317 of this title and by section one thousand\nthree hundred eighty-nine-d of the public health law.\n (3) Non-receipt of any notice mailed to an owner pursuant to this\nsubdivision shall in no way affect the responsibilities, duties or\nliabilities imposed on any person by this title or title XII-A of\narticle thirteen of the public health law.\n e. The department shall, in consultation with the department of\nhealth, evaluate existing site evaluation systems and shall develop a\nsystem to select and prioritize sites for remedial action. Such system\nshall incorporate environmental, natural resource and public health\nconcerns, and a site's location within a disadvantaged community.\n f. The department shall develop a site status reporting system and\nutilize such system to ensure that the registry required by subdivision\none of this section provides a complete and up-to-date listing of all\nsites in each region.\n 3. The department shall, as soon as possible but in no event later\nthan January first, nineteen hundred eighty-four, and annually\nthereafter prepare and submit in writing a "state inactive hazardous\nwaste remedial plan," hereinafter referred to as "the plan" to the state\nsuperfund management board. Such board shall then approve of the plan or\nmake such modification as it is empowered to do pursuant to section\n27-1319 of this chapter and submit the approved plan or modified plan,\nto the governor and the legislature on or before March first, nineteen\nhundred eighty-four and annually thereafter. In preparing, compiling and\nupdating the plan, the department shall:\n a. Conduct or cause to be conducted field investigations of high\npriority sites listed in the inactive hazardous waste disposal sites\nregistry for the purpose of further defining necessary remedial action.\nTo the maximum extent practicable, the department shall utilize existing\ninformation including, but not limited to, subsurface borings and any\nanalyses or tests of samples taken from such sites by owners or\noperators, other responsible persons and any federal or non-federal\nagencies.\n b. Make 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.\n c. Make any record searches or document reviews as may be necessary or\ndesirable to effectuate the purposes of this section subject to the\nrequirements of this title.\n d. Consider the effects on the health, environment and economy of the\nstate when assessing the relative priority of sites as required by this\nsection, especially any actual or significant threat of direct human\ncontact or contamination of groundwater or drinking water.\n e. Detail the recommended strategy, methods and time frame by which\nremedial action at sites shall be carried out, except that no\ninformation or work product associated with actual or pending litigation\nshall be divulged unless otherwise required by law.\n f. Estimate, with reasonable specificity, based upon the field\ninvestigations, assessments, analyses, document reviews and other\nappropriate data gathering, the costs of remedial action for sites\nincluded in the plan, considering the appropriate methods and techniques\nas currently exist in the field of hazardous waste management and any\nsuch estimates or recommendations shall reflect such costs as are\nreasonably necessary to contain, alleviate or end the threat to life or\nhealth or to the environment.\n 4. On or before July first, nineteen hundred eighty-six and July first\nof each succeeding year, the department shall prepare a status report on\nthe implementation of the plan, and an update of the policies, program\nobjectives, methods and strategies as outlined in the plan which guide\nthe overall inactive hazardous waste site remediation program. Such\nstatus report shall reflect information available to the department as\nof March thirty-first of each year, and shall include an accounting of\nall monies expended or encumbered from the environmental quality bond\nact of nineteen hundred eighty-six or the hazardous waste remedial fund\nduring the preceding fiscal year, such accounting to separately list:\n a. monies expended or encumbered for the purpose of conducting site\ninvestigations;\n b. monies expended or encumbered for the purpose of conducting\nremedial investigations and feasibility studies;\n c. monies expended or encumbered for the purpose of conducting\nremedial design studies;\n d. monies expended or encumbered for the purpose of conducting\nremedial construction activities;\n e. monies expended or encumbered for operation, maintenance, and\nmonitoring activities;\n f. monies expended or encumbered for interim remedial measures;\n g. monies expended or encumbered for administrative personnel costs\nassociated with activities conducted at inactive hazardous waste\ndisposal sites;\n h. monies expended or encumbered for oversight activities at inactive\nhazardous waste disposal sites;\n i. monies expended or encumbered in stand-by contracts entered into\npursuant to section 3-0309 of this chapter and the purposes for which\nthese stand-by contracts were entered into; and\n j. an accounting of payments received and payments obligated to be\nreceived pursuant to this title, and a report of the department's\nattempts to secure such obligations.\n 5. Site cleanup prioritization. The department shall, no later than\nJanuary first, two thousand twenty-six, submit to the governor and\nlegislature and publish on its website site cleanup prioritization\ncriteria. The department shall review and update criteria as necessary.\nThe department shall describe the criteria and processes it uses to\ndetermine the relative prioritization of sites, and an explanation of\nthe rationale of such criteria and processes. In preparing and updating\nsuch criteria, the department shall consider the effects on the health,\nenvironment and economy of the state, with particular consideration for\nthe effects on disadvantaged communities.\n 6. Status report. The department no later than December thirty-first\nof each year, shall, using the information available to it, submit to\nthe governor and legislature, and make public on the department's\nwebsite an inactive hazardous waste remedial program status report for\nthe previous fiscal year. Such report shall include a status update of\nall registered sites and an accounting of all monies expended or\nencumbered from the environmental quality bond act of nineteen hundred\neighty-six, the hazardous waste remedial fund, the department's natural\nresource damages fund, or any other monies otherwise appropriated for\nthe implementation of this title, during the preceding fiscal year, such\naccounting to separately list:\n (i) monies expended or encumbered for the purpose of conducting site\ninvestigations;\n (ii) monies expended or encumbered for the purpose of conducting\nremedial investigations and feasibility studies;\n (iii) monies expended or encumbered for the purpose of conducting\nremedial design studies;\n (iv) monies expended or encumbered for the purpose of conducting\nremedial construction activities;\n (v) monies expended or encumbered for operation, maintenance, and\nmonitoring activities;\n (vi) monies expended or encumbered for interim remedial measures;\n (vii) monies expended or encumbered for oversight activities,\nincluding personnel and contractor costs, at inactive hazardous waste\ndisposal sites;\n (viii) monies expended or encumbered in stand-by contracts entered\ninto pursuant to section 3-0309 of this chapter and the purposes for\nwhich these stand-by contracts were entered into;\n (ix) an accounting of payments received and payments obligated to be\nreceived pursuant to this title, and a report of the department's\nattempts to secure such obligations; and\n (x) an accounting of all response costs recovered statewide and\nnatural resource damages recovered at each site, including through\nsettlement or agreement, commissioner order, judicial determination and\naward, a required instrument of financial responsibility, or an\nenvironmental lien.\n