§ 27-1309. Access to records and sites.

1. Every person shall, upon the written request of the commissioner or
a designee, permit a duly designated officer or employee of the
department at all reasonable times to have access to and to copy all
books, papers, documents and records relating to the current and past
hazardous waste generating, transporting or disposal activities of such
person.

2. The commissioner may sign and issue subpoenas in the name of the
department requiring the production of books, papers, documents and
other records and may take testimony by depositions under oath of any
person relating to the current and past waste generating, transporting
or disposal activities of such person. Such subpoenas and depositions
shall be regulated by the civil practice law and rules. The commissioner
may invoke the powers of the supreme court of the state of New York to
compel compliance with any such subpoena or any request to take such
depositions.

3. Any duly designated officer or employee of the department, or of
any state agency, and any agent, consultant, contractor, or other
person, including an employee, agent, consultant, or contractor of a
responsible person acting at the direction of the department, so
authorized in writing by the commissioner, may enter any inactive
hazardous waste disposal site and areas near such site and inspect and
take samples of wastes, soils, air, surface water, and groundwater. In
order to take such samples, the department or authorized person may
utilize or cause to be utilized such sampling methods as it determines
to be necessary including, but not limited to, soil borings and
monitoring wells.

4. The department or authorized person shall not take any samples
involving the substantial disturbance of the ground surface of any
property unless it has made a reasonable effort to identify the owner of
the property and to notify such owner of the intent to take such
samples. If the owner can be identified, the department shall provide
such owner with a minimum of ten days' written notice of the intent to
take such samples, unless the commissioner makes a written determination
that such ten day notice will not allow the department to protect the
environment or public health, in which case two days' written notice
shall be sufficient. Any inspection of the property and each such taking
of samples shall take place at reasonable times and shall be commenced
and completed with reasonable promptness. If any officer, employee,
agent, consultant, contractor, or other person so authorized in writing
by the commissioner obtains any samples prior to leaving the premises,
he or she shall give to the owner or operator a receipt describing the
sample obtained and, if requested, a portion of such sample equal in
volume or weight to the portion retained. 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 property shall
otherwise agree.

5. The expense of any such sampling and analysis shall be paid by the
department, but may be recovered from any responsible person in any
action or proceeding brought pursuant to this title or common law;
provided, that if the person so authorized in writing shall be an
employee, agent, consultant, or contractor of a responsible person
acting at the direction of the department, then the expense of any such
sampling and analysis shall be paid by the responsible person.