2006 New York Code - State Agency Environmental Audits.

 
  * § 3-0311. State agency environmental audits.
    1.  Each  state  agency as defined in subdivision five of this section
  shall  annually  audit  the  environmental  problems  created   by   its
  operations  or  the operations of contractors it has hired and over whom
  it has exercised or is required to exercise direct oversight, acting  in
  fulfillment  of their contracts. Such audit shall identify the extent to
  which these operations are in violation of this chapter, or  regulations
  adopted  thereunder. Each such state agency shall submit a report to the
  department on or before April first of each year. The report shall:
    a. describe:
    (1) each identified violation, including the year each  violation  was
  first reported to the department;
    (2)  the  progress made in remedying any identified violations, and in
  remedying the violations identified in the previous year's audit and the
  past problems previously identified in  the  department's  report  dated
  "January 1990" titled "Past Practices Assessment Report";
    (3)  disbursements  to  remedy  individual violations or past problems
  made during the previous year and disbursements recommended to  be  made
  or made during the current fiscal year; and
    (4)  the steps being taken to assure future compliance with state laws
  and  regulations,  including  any  new  policies  developed  to  address
  patterns of violations identified by the audit.
    b. rank each violation and past problem based on the threat each poses
  to the public health or the environment, so that each is placed into one
  of the following classifications:
    (1)  presents  an  imminent substantial threat to the public health or
  the environment;
    (2) presents a potential substantial threat to the  public  health  or
  the environment;
    (3)  presents  a  discernible but not substantial threat to the public
  health or the environment; or
    (4) no evidence of discernible threat to  the  public  health  or  the
  environment.
    c.  include  a  remedial  plan  for  the  correction  of  all existing
  identified  violations  and  uncorrected  past  environmental   problems
  previously  identified  in  the "Past Practices Assessment Report". Such
  remedial plan shall specify:
    (1) the actions the agency intends to take to remedy each violation or
  problem;
    (2) an estimate of the costs, if any, of bringing  each  violation  or
  problem  into  compliance,  and  a total cost estimate for remedying all
  violations and uncorrected past problems; and
    (3) a projected time schedule for remedying each violation or problem.
    2. In addition to the audit prepared pursuant to  subdivision  one  of
  this  section,  each  state  agency  shall  report to the department any
  violation of this  chapter,  or  regulations  adopted  thereunder,  that
  presents  an imminent substantial, potential substantial, or discernible
  threat to the public health or the environment, which has been committed
  on agency property by the agency's lessees or other persons and of which
  the agency has become aware.
    3. The department shall, before September first of each  year,  submit
  an  annual  report  to  the  governor,  the  director of the budget, the
  temporary president of the senate, the  speaker  of  the  assembly,  the
  chairman   of  the  senate  environmental  conservation  committee,  the
  chairman of  the  assembly  environmental  conservation  committee,  the
  chairman  of  the senate finance committee, the chairman of the assembly
  ways and means committee, and the chairman of the assembly committee  on
  oversight, analysis and investigation.
    The report shall include:
    a. a summary of the major categories of violations or uncorrected past
  problems previously identified in the "Past Practices Assessment Report"
  dated January, nineteen hundred ninety;
    b.  a  description of each violation or uncorrected past environmental
  problem, including an indication of the year each  violation  was  first
  reported  to  the  department  and  an  identification  of  the  rank as
  determined by each agency, pursuant to paragraph (b) of subdivision  one
  of  this  section,  with any reordering of rankings as determined by the
  department;
    c. a description of  the  progress  made  in  remedying  any  reported
  violations   or  past  environmental  problems,  and  in  remedying  the
  violations identified in the previous year's audit,  and  a  listing  of
  disbursements  to  remedy  violations  or  past problems made during the
  previous year and disbursements recommended to be made  or  made  during
  the current fiscal year;
    d.  a  description  of  enforcement  efforts  which the department has
  completed to remedy violations noted in the current or  previous  year's
  audit report, including whether the department has taken administrative,
  civil, or criminal enforcement actions;
    e. if the department and the agency have entered into a consent decree
  regarding  the  violation  or problem, the date the violation or problem
  was first identified by the department; the date the consent decree  was
  signed;  the  date  by  which,  according  to  the  consent  decree, the
  violation or problem is to be remedied; and if the remedy date has  been
  extended,  the  date  such  extension was granted and the revised remedy
  date;
    f. a description of each agency's remedial plan for the correction  of
  all  existing  identified  violations and uncorrected past environmental
  problems, specifying:
    (1) the actions the agency intends to take to remedy each violation or
  past problem;
    (2) the agency's estimate of the  costs,  if  any,  of  bringing  each
  violation  or  problem  into  compliance,  and a total estimate for each
  agency of the costs of remedying all  violations  and  uncorrected  past
  problems; and
    (3)  the agency's projected time schedule for remedying each violation
  or past problem;
    g. a determination by the department of the adequacy of each  agency's
  proposed remedial plan:
    (1) for violations and past problems that pose an imminent substantial
  threat to the public health or the environment;
    (2) for violations and past problems that pose a potential substantial
  threat to the public health or the environment; or
    (3)  that  the  department  has  been  required  to review pursuant to
  subdivision four of this  section  prior  to  the  disbursement  of  any
  appropriation for such purpose.
    If the department determines that the agency's plan is inadequate, the
  department  shall  provide a statement explaining this determination. No
  determination of adequacy need be included in the  report  for  remedial
  plans  that  are  the  subject of a pending enforcement action or permit
  proceeding. Remedial plans that are included  as  part  of  a  completed
  enforcement  action  or  permit  proceeding shall be deemed to have been
  determined to be adequate; and
    h. a listing of violations  committed  by  lessees  or  other  persons
  reported  by  each  state  agency  pursuant  to  subdivision two of this
  section, and the actions the department has taken  to  cause  each  such
  violation to be remedied.
    i.  The  department  may,  at  its  discretion,  include  any  of  the
  information listed in paragraphs (b) through (h) of this subdivision  or
  any additional appropriate material within appendices to the report.
    4.  Within  its requested budget, each state agency shall set forth in
  the aggregate all proposed appropriations for the purposes of  remedying
  its  violations  of  the  environmental  conservation law or regulations
  adopted thereunder. The  amount  requested  to  remedy  each  functional
  category  of  violation as well as project specific information for each
  functional category of violation shall also be  set  forth.  A  priority
  criterion  to  be considered in determining such proposed appropriations
  shall be the ranking of such violations  as  determined  by  the  agency
  pursuant  to  paragraph (b) of subdivision one of this section, with any
  reordering  of  rankings  as  determined  by  the  department.   Amounts
  appropriated  shall  be  disbursed  for  remediation of the violation or
  environmental  problem  only  upon  review  and  determination  by   the
  department  of  the  adequacy of the remedial plan for correction of any
  such violation or environmental problem.
    5. As used in this section, the term "state agency" or "agency"  shall
  mean:
    a. each state department;
    b.  Division  of Military and Naval Affairs, Division of State Police,
  Division of Housing and Community Renewal, Division for Youth, Office of
  General Services, Office of Parks, Recreation and Historic Preservation,
  and State University of New York;
    c. any other division, board, commission, office,  or  bureau  of  the
  state  which  is  required  to  obtain  a  permit  or  approval from the
  department or which undertakes an activity for which  it  must  register
  with the department;
    d.  Albany  Port  District  Commission,  Battery  Park City Authority,
  Capital District Transportation Authority,  Central  New  York  Regional
  Transportation  Authority, Dormitory Authority of the State of New York,
  Facilities   Development   Corporation,   Metropolitan    Transportation
  Authority  (including the operations of all of its operating units), New
  York State Energy Research and Development  Authority,  New  York  State
  Environmental  Facilities  Corporation,  New York State Olympic Regional
  Development Authority, New York State Thruway Authority, New York  State
  Urban   Development   Corporation,   Niagara   Frontier   Transportation
  Authority, Ogdensburg Bridge and Port Authority, Port Authority  of  New
  York  and  New  Jersey, Port of Oswego Authority, Power Authority of the
  State of New York, Rochester-Genesee Regional Transportation  Authority;
  and
    e.  any  other  major  agency,  public  authority  or  public  benefit
  corporation which performs a state function and which is  identified  by
  the commissioner for the purpose of complying with this section.
    6.  On  or  before February fifteenth, nineteen hundred ninety-two and
  thereafter as may be necessary, the department shall develop  guidelines
  for  the  preparation  of environmental audits by state agencies and for
  the ranking of violations and problems based on the threat each poses to
  the public health or the  environment,  pursuant  to  paragraph  (b)  of
  subdivision one of this section.
    * NB There are 2 § 3-0311's