Section 56-0515. 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, so authorized in writing by the commissioner, to enter upon
  any  property  which  has  or may have a contamination on such property,
  and/or areas near such property, for the following purposes:
    (a)  To  inspect  and  take  samples  of   such   contaminate   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 cleanup, removal, remediation, or restoration 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.
    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 contamination 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 contamination 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 contamination 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 to compel compliance therewith.