Section 71-3601. Declaration of policy and statement of purpose  


Latest version.
  • The  legislature  hereby  finds  and  declares  that contaminated site
      remedial programs are  an  important  and  necessary  component  of  the
      state's  policy  of  restoring  and  revitalizing  real property located
      throughout New York state. The legislature further finds  that  when  an
      environmental  remediation  project  leaves  residual  contamination  at
      levels that have been determined to be safe for a specific use, but  not
      all  uses,  or includes engineered structures that must be maintained or
      protected against damage to be effective, it is necessary to provide  an
      effective   and   enforceable  means  of  ensuring  the  performance  of
      maintenance, monitoring or operation requirements, and of  ensuring  the
      potential restriction of future uses of the land, including restrictions
      on  drilling  for  or  pumping  groundwater  for as long as any residual
      contamination remains hazardous. The  legislature  declares,  therefore,
      that  it  is  in  the  public interest to create environmental easements
      because such easements are necessary for the protection of human  health
      and  the  environment  and  to  achieve the requirements for remediation
      established at contaminated sites.