§ 27-1411 — Work plan requirements

§ 27-1411. Work plan requirements.\n 1. A remedial investigation work plan shall provide for the\ninvestigation and characterization of the nature and extent of the\ncontamination within the boundaries of the brownfield site; provided,\nhowever, a participant shall also be required to fully investigate and\ncharacterize the nature and extent of contamination emanating from such\nsite; and a volunteer must perform a qualitative exposure assessment\npursuant to subdivision two of section 27-1415 of this title regarding\ncontamination emanating from such site. Such work plan shall require\nthat the applicant cause a final report to be prepared and submitted to\nthe department that identifies the investigation activities completed\npursuant to such work plan. Such final report, at a minimum, shall:\n (a) Fully characterize the nature and extent of contamination at the\nbrownfield site; a participant shall also fully characterize the nature\nand extent of contamination that has emanated from the brownfield site;\nand a volunteer shall describe the findings of the off-site exposure\nassessments;\n (b) State whether the completed investigation has demonstrated that\nconditions at the brownfield site (1) require remediation in order to\nmeet the remedial requirements of this title; or (2) meet the\nrequirements of this title without necessity for remediation;\n (c) Within twenty days of the completion of the final report the\ndepartment shall make a final determination regarding whether the site\nposes a significant threat based on criteria promulgated pursuant to\ntitle thirteen of this article; and\n (d) For it to be determined that the requirements of this title have\nbeen met without the necessity for remediation, an alternatives analysis\npursuant to section 27-1413 of this title must support such\ndetermination for all sites which do not meet the requirements in Track\n1 for unrestricted use and the department must have made a final\ndetermination that the site does not pose a significant threat.\n 2. A remedial work plan shall provide for the development and\nimplementation of a remedial program for such contamination within the\nboundaries of such brownfield site; provided, however, that a\nparticipant shall also be required to provide in such work plan for the\ndevelopment and implementation of a remedial program for contamination\nthat has emanated from such site.\n 3. Interim remedial measures. (a) Interim remedial measure work plan.\nFor interim remedial measures that are not emergency response actions an\ninterim remedial measure work plan shall be prepared by the applicant\ncontaining such provisions as the department deems appropriate.\n (b) Interim remedial measure report. For interim remedial measures\nthat are not emergency response actions, an interim remedial measure\nreport must be prepared and submitted to the department which shall\ninclude a description of all interim remedial measures completed\npursuant to the interim remedial measure work plan.\n 4. The commissioner shall use all best efforts to expeditiously\napprove, modify, or reject a proposed work plan within forty-five days\nfrom its receipt or within fifteen days of the close of the comment\nperiod, whichever is later.\n (a) If the commissioner rejects a proposed work plan, the commissioner\nshall notify the applicant and specify the reasons for rejecting same.\n (b) If the commissioner approves or modifies such proposed work plan,\nthe commissioner shall notify the applicant, in writing, that the\nproposed work plan has been approved or modified. If the commissioner\nrequires a modification, the applicant may agree to modify such proposed\nwork plan or withdraw it from consideration.\n 5. Within six months of the determination that a site poses a\nsignificant threat, in the event that the applicant is a volunteer, the\ndepartment shall bring an enforcement action against any parties known\nor suspected to be responsible for contamination (other than such\nvolunteer) at or emanating from the site according to applicable\nprinciples of statutory or common law liability. If such action cannot\nbe brought, or does not result in the initiation of a remedial program\nby such party or parties at such site, the department shall use best\nefforts to begin a remedial program to perform the remediation of\noff-site contamination at such site within one year of the completion of\nsuch enforcement action or the completion of the volunteer's on-site\nremedial program, whichever is later. The state shall use moneys from\nthe hazardous waste remedial fund established pursuant to section\nninety-seven-b of the state finance law, and/or from the New York\nenvironmental protection and spill compensation fund established\npursuant to section one hundred seventy-nine of the navigation law, as\nappropriate, to undertake the investigation and/or remediation of such\ncontamination. The state's costs incurred relative to such off-site\ncontamination shall be recoverable by the state from the person or\npersons responsible.\n 6. An applicant shall include with every report submitted to the\ndepartment a schedule for the submission of any subsequent work plan\nrequired to meet the requirements of this title.\n