§ 27-1431. Access to sites.

The department, by and through the commissioner, shall be authorized
to:

1. Require that any person permit a duly designated officer or
employee of the department or of a municipal corporation, or any agent,
consultant, or contractor of the department or of a municipal
corporation, or any other person, including an employee, agent,
consultant, or contractor of an applicant acting at the direction of the
department, so authorized in writing by the commissioner, to enter upon
any property which has or may have been the site of the disposal or
discharge of contaminants, and/or areas near such site, for the
following purposes:

a. to inspect and take samples of such contaminants and/or
environmental media, utilizing such sampling methods as may be necessary
or appropriate, including without limitation soil borings and monitoring
wells; provided, that no sampling methods involving the substantial
disturbance of the ground surface of such property may be utilized until
after a minimum of ten days' written notice thereof shall have been
provided to the owner and operator and occupant of such property, if
identifiable by reasonable efforts, unless the commissioner makes a
written determination that such notice will not allow the protection of
the public health or the environment, in which case two days' written
notice shall be sufficient;

b. to implement the investigation and/or remediation of contamination
and/or environmental media; provided that no such work may be undertaken
until after a minimum of ten days' written notice thereof shall have
been provided to the owner and operator and occupant of such property,
if identifiable by reasonable efforts, unless the commissioner makes a
written determination that such notice will not allow the protection of
the public health or the environment, in which case two days' written
notice shall be sufficient.

(i) If any designated officer or employee of the department or of a
municipal corporation, or any agent, consultant, or contractor of the
department or of a municipal corporation, or any other person, including
an employee, agent, consultant or contractor of a responsible person
acting at the direction of the department obtains any samples prior to
leaving the premises they shall give to the owner 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. Upon the completion of all sampling or subsequent
remediation activities, the department 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 and the owner of the property shall agree otherwise.

(ii) 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.

c. to inspect for compliance with the site management plan approved by
the department, including (i) inspection of the performance of
maintenance, monitoring and operational activities required as part of
the remedial program for the site, (ii) inspection for the purpose of
ascertaining current uses of the site, and (iii) taking samples in
accordance with paragraph (a) of this subdivision.

2. a. Require that any person furnish to the department, in a form and
manner as prescribed by the department, information relating to the
current and past contaminant generation, treatment, storage, disposal,
and/or transportation activities of such person or any other person now
or formerly under the control of such person; in the event such person
cannot comply therewith, in whole or in part, such person shall furnish
to the department information describing all efforts made by such person
to comply therewith; any information so furnished to the department
shall be considered a "written instrument" as defined in subdivision
three of section 175.00 of the penal law;

b. Require that any person 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 contaminant generation, treatment, storage, disposal,
and/or transportation activities of such person or any person now or
formerly under the control of such person;

c. Require, by subpoena issued in the name of the department, the
production of books, papers, documents, and other records, and the
rendition of testimony by deposition under oath of any person relating
to the current and past contaminant generation, treatment, storage,
disposal, and/or transportation activities of such person or any person
now or formerly under the control 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 or any other court of competent jurisdiction to compel
compliance therewith.