§ 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.