2010 New York Code
ENV - Environmental Conservation
Article 15 - WATER RESOURCES
Title 31 - (15-3101 - 15-3111) GROUNDWATER PROTECTION AND REMEDIATION PROGRAM
15-3109 - Groundwater remediation strategy.

§ 15-3109. Groundwater remediation strategy.
    No  later than three years after the effective date of this title, the
  department, in consultation with the department of health, shall develop
  and  publish  a  strategy  to  address  the  long-term  remediation   of
  groundwater  contamination,  including strategies to protect groundwater
  from future degradation from contaminated sites.
    1. Such strategy shall  govern  all  programs  within  the  department
  responsible  for  groundwater  protection and remediation. Such strategy
  shall include, but not be limited to:
    (a) Recognition that both short- and long-term remediation  strategies
  may be necessary to address groundwater contamination.
    (b)  Identification  of  the long-term groundwater remedial activities
  that are required to be taken by the state pursuant to title fourteen of
  article twenty-seven of this chapter for sites which the department  has
  determined  pose  a significant threat, or which can be initiated by the
  state  pursuant  to  other  provisions  of  this  chapter   to   address
  groundwater contamination.
    (c)  Establishment  of  criteria  for  the prioritization of long-term
  groundwater remediation activities to be performed  by  the  department.
  Such criteria shall include, but not be limited to:
    (i)  the  current or reasonably anticipated future use of contaminated
  groundwater as drinking water;
    (ii) the current or reasonably anticipated future use of a groundwater
  aquifer into which  contaminated  groundwater  is  flowing  as  drinking
  water;
    (iii) the current or reasonably anticipated future use of contaminated
  groundwater  for  non-potable  purposes  including  but  not  limited to
  recreational   uses,   institutional   uses    and    agricultural    or
  non-agricultural irrigation;
    (iv) community needs;
    (v) feasibility of remediation; and
    (vi)  protection of natural resources and minimizing the impairment of
  the resource.
    Notwithstanding subparagraphs (i)  through  (vi)  of  this  paragraph,
  while   the  current  use  of  groundwater  as  drinking  water  may  be
  considered, the absence of such use  shall  not  exclude  the  need  for
  remediation.
    2.  A  public comment period of at least one hundred twenty days shall
  be held on the initial draft strategy. Such strategy  shall  be  updated
  regularly  based  on  progress made and the availability of new remedial
  technologies, scientific information, and field data. Each updated draft
  strategy shall be released to the public,  and  will  require  a  public
  comment period of at least sixty days.
    3. The department is responsible pursuant to title fourteen of article
  twenty-seven of this chapter for the remediation of off-site groundwater
  contamination  emanating  from  sites  being  remediated by a volunteer,
  which sites have been determined to be a significant threat. Within  six
  months  of  the  determination  of  significant  threat  at a site being
  remediated by the volunteer the department shall  bring  an  enforcement
  action  against  any  parties  known  or suspected to be responsible for
  contamination at or emanating from the site which is the subject of such
  agreement. If such action cannot be brought, or does not result  in  the
  initiation  of a remedial program by such party or parties at such site,
  the department shall use best efforts to begin  a  remedial  program  to
  perform  the  remediation  of off-site contamination at such site within
  one year of the completion of such enforcement action or the  completion
  of the volunteer's remedial program, whichever is later.