§ 27-1329. Abatement actions.

1. (a) Maintenance, jurisdiction, etc. When the commissioner, after
investigation, determines that there may be an imminent danger to the
health or welfare of the people of the state or the environment, or an
actual or threatened release of hazardous waste from an inactive
hazardous waste disposal site, as defined in clauses (i) and (ii),
respectively, of subparagraph one of paragraph b of subdivision two of
section 27-1305 of this title, is resulting in or is likely to result in
irreversible or irreparable damage to natural resources, the
commissioner may request the attorney general to secure such relief as
may be necessary to abate such danger or threat and to grant such relief
as the public interest and the equities of the case may require. The
commissioner may issue such orders as may be necessary to protect public
health and welfare and the environment, provided the commissioner has a
reasonable belief that persons responsible for implementing such orders
have adequate financial resources to comply, there is evidence
sufficient to support liability of such person, and the department has
made all reasonable efforts to secure voluntary agreement of such person
to abate the imminent danger or threat.

(b) Any such person may request a meeting with the department to
discuss reconsideration of an order, within five business days of
receiving such order, if such person believes they are not liable. Such
request shall include a description of the reason why such person
believes they are not liable and any supporting documentation. The
department shall make all practicable efforts to hold such meeting
within five business days of receiving such request and shall consider
its evidence of such person's liability in light of any information and
documentation provided.

(c) Any such order issued by the commissioner shall be a final
determination of the department and subject to challenge pursuant to
article seventy-eight of the civil practice law and rules.

(d) No action may be taken under paragraph (a) of this subdivision
against a bona fide prospective purchaser, as defined in subdivision
five of section 27-1323 of this title.

2. Fines; reimbursement. (a) Any person who, without sufficient cause,
fails or refuses to comply with any order of the commissioner under
subdivision one of this section may, in an action brought in the
appropriate court of competent jurisdiction to enforce such order, be
fined not more than thirty-seven thousand five hundred dollars for each
day in which such violation occurs or such failure to comply continues.

(b) (i) Any person who receives and complies with the terms of any
order issued under subdivision one of this section may, within sixty
days after completion of the required action, petition the commissioner
for reimbursement from the hazardous waste remedial fund pursuant to
section ninety-seven-b of the state finance law for the reasonable costs
of such action, plus interest. Any interest payable under this
subparagraph shall accrue on the amounts expended from the date of
expenditure at the same rate as specified for interest on investments of
the hazardous substance superfund established under subchapter A of
chapter 98 of title 26 of the federal comprehensive environmental
response, compensation, and liability act.

(ii) If the commissioner refuses to grant all or part of a petition
made under this paragraph, the petitioner may within thirty days of
receipt of such refusal file an action against the department pursuant
to article seventy-eight of the civil practice law and rules.

(iii) Except as provided in subparagraph (iv) of this paragraph, to
obtain reimbursement, the petitioner shall establish by a preponderance
of the evidence that such petitioner is not liable for response costs
under section 27-1313 of this title and that costs for which such
petitioner seeks reimbursement are reasonable in light of the action
required by the relevant order.

(iv) A petitioner under subparagraph (i) of this paragraph may also
recover its reasonable costs of response to the extent that such
petitioner can demonstrate, on the administrative record, that the
commissioner's decision in selecting the response action ordered was
arbitrary and capricious or was otherwise not in accordance with law.
Reimbursement awarded under this subparagraph shall include all
reasonable response costs incurred by the petitioner pursuant to the
portions of the order found to be arbitrary and capricious or otherwise
not in accordance with law.

(v) Reimbursement awarded by a court under subparagraph (iii) or (iv)
of this paragraph may include appropriate costs, fees, and other
expenses in accordance with section eighty-six hundred one of the civil
practice law and rules.

3. The commissioner shall provide notice of the provisions of this
section to known responsible persons at sites listed in clauses (i) and
(ii) of subparagraph one of paragraph b of subdivision two of section
27-1305 of this title, within six months of the effective date of the
chapter of the laws of two thousand twenty-five which added this
section, if the commissioner intends to issue an order to such
responsible persons. No such orders shall be issued within a one-year
period after the effective date of the chapter of the laws of two
thousand twenty-five which added this section.