§ 27-1318 — Institutional and engineering controls

§ 27-1318. Institutional and engineering controls.\n (a) When the department approves a proposed remedial work plan that\nincludes institutional controls and/or engineering controls as\ncomponents of a proposed remedial program, such remedial work plan shall\ninclude:\n (i) a complete description of any proposed use restrictions and/or\ninstitutional controls and the mechanisms that will be used to\nimplement, maintain, monitor, and enforce such restrictions and\ncontrols;\n (ii) a complete description of any proposed engineering controls and\nany operation, maintenance, and monitoring requirements, including the\nmechanisms that will be used to continually implement, maintain,\nmonitor, and enforce such controls and requirements;\n (iii) an evaluation of the reliability and viability of the long-term\nimplementation, maintenance, monitoring, and enforcement of any proposed\ninstitutional or engineering controls and an analysis of the long-term\ncosts of implementing, maintaining, monitoring and enforcing such\ncontrols, including costs that may be borne by state or local\ngovernments;\n (iv) sufficient analysis to support a conclusion that effective\nimplementation, maintenance, monitoring and enforcement of institutional\nand/or engineering controls can be reasonably expected;\n (v) where required by the department, financial assurance to ensure\nthe long-term implementation, maintenance, monitoring, and enforcement\nof any such controls; and\n (vi) a requirement that any engineering control must be used in\nconjunction with institutional controls to ensure the continued\nintegrity of such engineering control.\n (b) Within one hundred eighty days of commencement of the remedial\ndesign, the owner of an inactive hazardous waste disposal site, and/or\nany person responsible for implementing a remedial program at such site,\nwhere institutional or engineering controls are employed pursuant to\nthis title, shall execute an environmental easement pursuant to title\nthirty-six of article seventy-one of this chapter.\n (c) The owner of an inactive hazardous waste disposal site, and/or any\nperson responsible for implementing the remedial program at such site\nwhere institutional or engineering controls are employed pursuant to\nthis title shall, unless otherwise provided in writing by the\ndepartment, annually submit to the department a written statement by an\nindividual licensed or otherwise authorized in accordance with article\none hundred forty-five of the education law to practice the profession\nof engineering, or by such other expert as the department may find\nacceptable certifying under penalty of perjury that the institutional\ncontrols and/or engineering controls employed at such site are unchanged\nfrom the previous certification and that nothing has occurred that would\nimpair the ability of such control to protect the public health and\nenvironment, or constitute a violation or failure to comply with any\noperation and maintenance plan for such controls and giving access to\nsuch real property to evaluate continued maintenance of such controls.\n