Section 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.
    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.