§ 56-0515 — Access to sites

§ 56-0515. Access to sites.\n The department, by and through the commissioner, shall be authorized\nto:\n 1. Require that any person permit a duly designated officer or\nemployee of the department or of a municipal corporation, or any agent,\nconsultant, or contractor of the department or of a municipal\ncorporation, so authorized in writing by the commissioner, to enter upon\nany property which has or may have a contamination on such property,\nand/or areas near such property, for the following purposes:\n (a) To inspect and take samples of such contaminate and/or\nenvironmental media, utilizing such sampling methods as may be necessary\nor appropriate, including without limitation soil borings and monitoring\nwells; provided that no sampling methods involving the substantial\ndisturbance of the ground surface of such property may be utilized until\nafter a minimum of ten days' written notice thereof shall have been\nprovided to the owner and operator and occupant of such property, if\nidentifiable by reasonable efforts, unless the commissioner makes a\nwritten determination that such notice will not allow the protection of\nthe public health or the environment, in which case two days' written\nnotice shall be sufficient;\n (b) To implement the cleanup, removal, remediation, or restoration of\ncontamination and/or environmental media; provided that no such work may\nbe undertaken until after a minimum of ten days' written notice thereof\nshall have been provided to the owner and operator and occupant of such\nproperty, if identifiable by reasonable efforts, unless the commissioner\nmakes a written determination that such notice will not allow the\nprotection of the public health or the environment, in which case two\ndays' written notice shall be sufficient.\n 2. (a) Require that any person furnish to the department, in a form\nand manner as prescribed by the department, information relating to the\ncurrent and past contamination generation, treatment, storage, disposal,\nand/or transportation activities of such person or any other person now\nor formerly under the control of such person; in the event such person\ncannot comply therewith, in whole or in part, such person shall furnish\nto the department information describing all efforts made by such person\nto comply therewith; any information so furnished to the department\nshall be considered a "written instrument" as defined in subdivision\nthree of section 175.00 of the penal law;\n (b) Require that any person permit a duly designated officer or\nemployee of the department at all reasonable times to have access to and\nto copy all books, papers, documents, and records relating to the\ncurrent and past contamination generation, treatment, storage, disposal,\nand/or transportation activities of such person or any person now or\nformerly under the control of such person;\n (c) Require, by subpoena issued in the name of the department, the\nproduction of books, papers, documents, and other records, and the\nrendition of testimony by deposition under oath of any person relating\nto the current and past contamination generation, treatment, storage,\ndisposal, and/or transportation activities of such person or any person\nnow or formerly under the control of such person; such subpoenas and\ndepositions shall be regulated by the civil practice law and rules; the\ncommissioner may invoke the powers of the supreme court of the state of\nNew York to compel compliance therewith.\n