N.Y. ENV Law § 27-1305

§ 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 homepage on the internet, a registry of\ninactive hazardous waste disposal sites in such region or, with respect\nto the office of the county clerk or register, in such county. The\ndepartment shall provide a written copy upon requests by any person. The\ndepartment shall take all necessary action to ensure that the registry\nprovides a complete and up-to-date listing of all such sites within the\nregion. The department shall, on or before January first, two thousand\nfour, and annually thereafter, transmit the updated registry to the\nlegislature and the governor. A notice of the availability of the\nupdated registry shall be sent to the department of health and the chief\nexecutive officer of every county. Upon identification of an inactive\nhazardous waste disposal site not included in the registry for the\nimmediately preceding year, the department shall notify in writing the\nchief executive officer of each county, city, town and village and the\npublic water supplier which services the area in which such site is\nlocated that such site has been so identified. For the purposes of this\nsection, "water supplier" shall mean any public water system as such\nterm is defined for the purposes of the sanitary code of the state of\nNew York as authorized by section two hundred twenty-five of the public\nhealth law. Such registry shall include but need not be limited to those\nitems among the following which the commissioner determines to be\nnecessary:\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;\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 facilities, places of work or other areas where\nindividuals may be present; 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. The department shall, as part of the registry, assess and, based\nupon new information received, reassess by March thirty-first of each\nyear, in cooperation with the department of health, the relative need\nfor action at each site to remedy environmental and health problems\nresulting from the presence of hazardous wastes at such sites; provided,\nhowever, that if at the time of such assessment or reassessment, the\ndepartment has not placed a site in classification 1 or 2, as described\nin subparagraphs one and two of this paragraph, and such site is the\nsubject of negotiations for, or implementation of, a brownfield site\ncleanup agreement pursuant to title fourteen of this article, obligating\nthe person subject to such agreement to, at a minimum, eliminate or\nmitigate all significant threats to the public health and environment\nposed by the hazardous waste pursuant to such agreement, the department\nshall defer its assessment or reassessment during the period such person\nis engaged in good faith negotiations to enter into such an agreement\nand, following its execution, is in compliance with the terms of such\nagreement, and shall assess or reassess such site upon completion of\nremediation to the department's satisfaction. In making its assessments,\nthe department shall place every site in one of the following\nclassifications:\n (1) Causing or presenting an imminent danger of causing irreversible\nor irreparable damage to the public health or environment--immediate\naction required;\n (2) Significant threat to the public health or environment--action\nrequired;\n (3) Does not present a significant threat to the public health or\nenvironment--action may be deferred;\n (4) Site properly closed--requires continued management;\n (5) Site properly closed, no evidence of present or potential adverse\nimpact--no further action required.\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 and in a newspaper of general\ncirculation in the county in which the site is located. The commissioner\nshall also notify in writing any owner or operator of the site no less\nthan thirty days prior to the hearing. The cost of any such hearing,\nincluding the cost of any public notification, shall be at the\npetitioner'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 and in a newspaper of general\ncirculation in the county in which the site is located. The commissioner\nshall also notify in writing any owner or operator of the site, if\napplicable, no less than sixty days prior to the proposed deletion. The\ncommissioner shall provide a thirty-day period for submission of written\ncomments and may provide an opportunity for submission of oral comments\nat a public meeting at or near the site. The commissioner shall\nsummarize any comments received and make the summary available to the\npublic. The commissioner may convene an administrative hearing to\ndetermine whether a particular site should be deleted from the registry,\nreceive a modified site classification or whether any information\nregarding the site should be modified.\n (5) The department shall notify, as soon as possible and within\navailable resources all public repositories of the registry of any\nmodifications or deletions to such registry. The department shall also\nnote any such deletions or modifications in the next annual report and\npublication 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.\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