N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-1.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 383-1.7 - Enforcement and inspection and access to records

(a) Enforcement.

(1) Every land disposal facility in this State is subject to every applicable requirement identified in this Part, subject to a demonstration to the department by its owner or operator that the facility is clearly exempt from regulation under, or from the requirement in question that is contained in, this Part.

(2) Without limitation to any other civil or criminal sanction that may be applicable, any person who violates any provision of, or fails to perform any duty imposed by this Part, or any term or condition of any permit issued pursuant to this Part, or any final determination or order of the commissioner issued pursuant to any statutory authority under which this Part is promulgated, is subject to all applicable civil, administrative, and criminal sanctions set forth in Environmental Conservation Law, article 71.

(b) Inspection and access to records.

(1) Notwithstanding Subpart 383-15 of this Part, the department may enter any land disposal facility and any property or premises of the facility during normal business hours or at any other time during which regulated activity is reasonably believed to be occurring, for the purpose of inspecting such facility, property or premises to determine compliance, subject to the limitations set forth below. Such entry shall be accomplished with the minimum disruption to operations at the facility.

(2) Inspections shall be limited to areas or places where regulated activity or contamination or pollution is occurring or reasonably believed to be occurring.

(3) All records required to be maintained under this Part must be furnished upon request, within a reasonable period of time. Inspections of records and documents required to be maintained under this Part shall occur at the location where such records are maintained or at a reasonable time and place specified by the department. To the extent that records required to be maintained under this Part are maintained on computer databases, the permittee shall provide the department with direct electronic access to such databases.

(4) Except as provided for in paragraph (5) of this subdivision, inspections shall be limited in frequency, duration, and scope by the following factors:

(i) potential environmental harm of the regulated activity;

(ii) complexity of the regulated activity and the time needed to determine compliance;

(iii) specific Federal or state inspection mandates;

(iv) noncompliance history of the facility;

(v) existence or need for permits;

(vi) information received concerning noncompliance;

(vii) self-reported violations or releases that require a response by the department; and

(viii) need to follow up previous inspections which uncovered noncompliance with additional inspections.

(5) Notwithstanding paragraph (4) of this subdivision, inspections by the department may occur with greater frequency when:

(i) a permit, license, or order authorizes more frequent inspection; and

(ii) the department has a reasonable basis to determine inspection is warranted in order to make a compliance determination.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-1.7