Section 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.