Section 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.