§ 27-1318. Institutional and engineering controls.

(a) When the department approves a proposed remedial work plan that
includes institutional controls and/or engineering controls as
components of a proposed remedial program, such remedial work plan shall
include:

(i) a complete description of any proposed use restrictions and/or
institutional controls and the mechanisms that will be used to
implement, maintain, monitor, and enforce such restrictions and
controls;

(ii) a complete description of any proposed engineering controls and
any operation, maintenance, and monitoring requirements, including the
mechanisms that will be used to continually implement, maintain,
monitor, and enforce such controls and requirements;

(iii) an evaluation of the reliability and viability of the long-term
implementation, maintenance, monitoring, and enforcement of any proposed
institutional or engineering controls and an analysis of the long-term
costs of implementing, maintaining, monitoring and enforcing such
controls, including costs that may be borne by state or local
governments;

(iv) sufficient analysis to support a conclusion that effective
implementation, maintenance, monitoring and enforcement of institutional
and/or engineering controls can be reasonably expected;

(v) where required by the department, financial assurance to ensure
the long-term implementation, maintenance, monitoring, and enforcement
of any such controls; and

(vi) a requirement that any engineering control must be used in
conjunction with institutional controls to ensure the continued
integrity of such engineering control.

(b) Within one hundred eighty days of commencement of the remedial
design, the owner of an inactive hazardous waste disposal site, and/or
any person responsible for implementing a remedial program at such site,
where institutional or engineering controls are employed pursuant to
this title, shall execute an environmental easement pursuant to title
thirty-six of article seventy-one of this chapter.

(c) The owner of an inactive hazardous waste disposal site, and/or any
person responsible for implementing the remedial program at such site
where institutional or engineering controls are employed pursuant to
this title shall, unless otherwise provided in writing by the
department, annually submit to the department a written statement by an
individual licensed or otherwise authorized in accordance with article
one hundred forty-five of the education law to practice the profession
of engineering, or by such other expert as the department may find
acceptable certifying under penalty of perjury that the institutional
controls and/or engineering controls employed at such site are unchanged
from the previous certification and that nothing has occurred that would
impair the ability of such control to protect the public health and
environment, or constitute a violation or failure to comply with any
operation and maintenance plan for such controls and giving access to
such real property to evaluate continued maintenance of such controls.