§ 27-1203. Mitigation and remediation of solid waste sites.

1. The solid waste site priority in this state is to mitigate and
remediate any solid waste site causing or substantially contributing to
impairments of drinking water quality which may impact public health.

2. The department shall, in conjunction with the department of health,
develop a system to select and prioritize sites for mitigation and
remediation, considering the effects on the health of the state.

3. Beginning July first, two thousand nineteen and annually
thereafter, the department shall prepare and submit to the governor and
the legislature a comprehensive plan designed to mitigate and remediate
solid waste sites. This plan shall establish a solid waste site
mitigation and remediation priority list.

4. The department is authorized to conduct preliminary investigations
to determine if a solid waste site is causing or substantially
contributing to imminent or documented drinking water source
contamination. The department, and any employee, agent, consultant or
other person acting at the direction of the department, shall have the
authority to enter all solid waste sites for the purpose of preliminary
investigation, mitigation and remediation, provided that the department
has made a reasonable effort to identify the owner of such property to
notify such owner of the intent to enter the property at least ten days
in advance. In the event the commissioner of health makes a written
determination that such ten day notice will not be sufficient to protect
public health, two days' written notice shall be sufficient. Any
inspection of the property and each taking of samples shall take place
at reasonable times and shall be commenced and completed with reasonable
promptness. Such preliminary investigation shall include:

a. conducting or causing to be conducted field investigations of high
priority sites identified in the plan established pursuant to
subdivision three of this section for the purpose of further defining
necessary mitigation and remediation, if any. To the maximum extent
practicable, the department shall utilize existing information
including, but not limited to, subsurface borings and any analyses or
tests of samples taken from such sites by owners or operators, other
responsible persons and any federal or non-federal agencies;

b. making any subsurface borings and any analyses or tests of samples
taken as may be necessary or desirable to effectuate the field
investigations of sites as required under this section subject to the
requirements of this title. If the owner of a solid waste site can be
identified, the department shall provide such owner with a minimum of
ten days' written notice of the intent to take such borings or samples
in accordance with the provisions of subdivision twelve of section
27-1205 of this title. If any analysis is made of such samples, a copy
of the results of such analysis shall be furnished promptly to the owner
or operator. Upon the completion of all sampling activities, the
department or authorized person shall remove, or cause to be removed,
all equipment and well machinery and return the ground surface of the
property to its condition prior to such sampling, unless the department
or authorized person, and the owner of the property shall otherwise
agree;

c. making any record searches or document reviews as may be necessary
or desirable to effectuate the purposes of this section subject to the
requirements of this title.

5. If the department or the department of health, as appropriate,
determines that a solid waste site poses a significant threat to the
public health or environment due to hazardous waste, the department
shall refer the site to the inactive hazardous waste disposal site
remedial program pursuant to title thirteen of this article.

6. Where the department has determined through a preliminary
investigation conducted pursuant to subdivision four of this section
that a solid waste site is causing or substantially contributing to
contamination of a public drinking water supply, the owner or operator
of a solid waste site shall, at the department's written request,
cooperate with any and all remedial measures deemed necessary and which
shall be undertaken by the department, in conjunction with the
department of health, for the mitigation and remediation of a solid
waste site or area which is necessary to ensure that drinking water
meets applicable standards, including maximum contaminant levels,
notification levels, maximum residual disinfectant levels, or action
levels established by the department of health. The department may
implement necessary measures to mitigate and remediate the solid waste
site within amounts appropriated for such purposes from the solid waste
mitigation program.