§ 27-1309 — Access to records and sites

§ 27-1309. Access to records and sites.\n 1. Every person shall, upon the written request of the commissioner or\na designee, permit a duly designated officer or employee of the\ndepartment at all reasonable times to have access to and to copy all\nbooks, papers, documents and records relating to the current and past\nhazardous waste generating, transporting or disposal activities of such\nperson.\n 2. The commissioner may sign and issue subpoenas in the name of the\ndepartment requiring the production of books, papers, documents and\nother records and may take testimony by depositions under oath of any\nperson relating to the current and past waste generating, transporting\nor disposal activities of such person. Such subpoenas and depositions\nshall be regulated by the civil practice law and rules. The commissioner\nmay invoke the powers of the supreme court of the state of New York to\ncompel compliance with any such subpoena or any request to take such\ndepositions.\n 3. Any duly designated officer or employee of the department, or of\nany state agency, and any agent, consultant, contractor, or other\nperson, including an employee, agent, consultant, or contractor of a\nresponsible person acting at the direction of the department, so\nauthorized in writing by the commissioner, may enter any inactive\nhazardous waste disposal site and areas near such site and inspect and\ntake samples of wastes, soils, air, surface water, and groundwater. In\norder to take such samples, the department or authorized person may\nutilize or cause to be utilized such sampling methods as it determines\nto be necessary including, but not limited to, soil borings and\nmonitoring wells.\n 4. The department or authorized person shall not take any samples\ninvolving the substantial disturbance of the ground surface of any\nproperty unless it has made a reasonable effort to identify the owner of\nthe property and to notify such owner of the intent to take such\nsamples. If the owner can be identified, the department shall provide\nsuch owner with a minimum of ten days' written notice of the intent to\ntake such samples, unless the commissioner makes a written determination\nthat such ten day notice will not allow the department to protect the\nenvironment or public health, in which case two days' written notice\nshall be sufficient. Any inspection of the property and each such taking\nof samples shall take place at reasonable times and shall be commenced\nand completed with reasonable promptness. If any officer, employee,\nagent, consultant, contractor, or other person so authorized in writing\nby the commissioner obtains any samples prior to leaving the premises,\nhe or she shall give to the owner or operator a receipt describing the\nsample obtained and, if requested, a portion of such sample equal in\nvolume or weight to the portion retained. If any analysis is made of\nsuch samples, a copy of the results of such analysis shall be furnished\npromptly to the owner or operator. Upon the completion of all sampling\nactivities, the department or authorized person shall remove, or cause\nto be removed, all equipment and well machinery and return the ground\nsurface of the property to its condition prior to such sampling, unless\nthe department or authorized person, and the owner of property shall\notherwise agree.\n 5. The expense of any such sampling and analysis shall be paid by the\ndepartment, but may be recovered from any responsible person in any\naction or proceeding brought pursuant to this title or common law;\nprovided, that if the person so authorized in writing shall be an\nemployee, agent, consultant, or contractor of a responsible person\nacting at the direction of the department, then the expense of any such\nsampling and analysis shall be paid by the responsible person.\n