Section 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 sixty 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.