§ 27-1411. Work plan requirements.

1. A remedial investigation work plan shall provide for the
investigation and characterization of the nature and extent of the
contamination within the boundaries of the brownfield site; provided,
however, a participant shall also be required to fully investigate and
characterize the nature and extent of contamination emanating from such
site; and a volunteer must perform a qualitative exposure assessment
pursuant to subdivision two of section 27-1415 of this title regarding
contamination emanating from such site. Such work plan shall require
that the applicant cause a final report to be prepared and submitted to
the department that identifies the investigation activities completed
pursuant to such work plan. Such final report, at a minimum, shall:

(a) Fully characterize the nature and extent of contamination at the
brownfield site; a participant shall also fully characterize the nature
and extent of contamination that has emanated from the brownfield site;
and a volunteer shall describe the findings of the off-site exposure
assessments;

(b) State whether the completed investigation has demonstrated that
conditions at the brownfield site (1) require remediation in order to
meet the remedial requirements of this title; or (2) meet the
requirements of this title without necessity for remediation;

(c) Within twenty days of the completion of the final report the
department shall make a final determination regarding whether the site
poses a significant threat based on criteria promulgated pursuant to
title thirteen of this article; and

(d) For it to be determined that the requirements of this title have
been met without the necessity for remediation, an alternatives analysis
pursuant to section 27-1413 of this title must support such
determination for all sites which do not meet the requirements in Track
1 for unrestricted use and the department must have made a final
determination that the site does not pose a significant threat.

2. A remedial work plan shall provide for the development and
implementation of a remedial program for such contamination within the
boundaries of such brownfield site; provided, however, that a
participant shall also be required to provide in such work plan for the
development and implementation of a remedial program for contamination
that has emanated from such site.

3. Interim remedial measures. (a) Interim remedial measure work plan.
For interim remedial measures that are not emergency response actions an
interim remedial measure work plan shall be prepared by the applicant
containing such provisions as the department deems appropriate.

(b) Interim remedial measure report. For interim remedial measures
that are not emergency response actions, an interim remedial measure
report must be prepared and submitted to the department which shall
include a description of all interim remedial measures completed
pursuant to the interim remedial measure work plan.

4. The commissioner shall use all best efforts to expeditiously
approve, modify, or reject a proposed work plan within forty-five days
from its receipt or within fifteen days of the close of the comment
period, whichever is later.

(a) If the commissioner rejects a proposed work plan, the commissioner
shall notify the applicant and specify the reasons for rejecting same.

(b) If the commissioner approves or modifies such proposed work plan,
the commissioner shall notify the applicant, in writing, that the
proposed work plan has been approved or modified. If the commissioner
requires a modification, the applicant may agree to modify such proposed
work plan or withdraw it from consideration.

5. Within six months of the determination that a site poses a
significant threat, in the event that the applicant is a volunteer, the
department shall bring an enforcement action against any parties known
or suspected to be responsible for contamination (other than such
volunteer) at or emanating from the site according to applicable
principles of statutory or common law liability. If such action cannot
be brought, or does not result in the initiation of a remedial program
by such party or parties at such site, the department shall use best
efforts to begin a remedial program to perform the remediation of
off-site contamination at such site within one year of the completion of
such enforcement action or the completion of the volunteer's on-site
remedial program, whichever is later. The state shall use moneys from
the hazardous waste remedial fund established pursuant to section
ninety-seven-b of the state finance law, and/or from the New York
environmental protection and spill compensation fund established
pursuant to section one hundred seventy-nine of the navigation law, as
appropriate, to undertake the investigation and/or remediation of such
contamination. The state's costs incurred relative to such off-site
contamination shall be recoverable by the state from the person or
persons responsible.

6. An applicant shall include with every report submitted to the
department a schedule for the submission of any subsequent work plan
required to meet the requirements of this title.