New York Environmental Conservation Law Section 40-0109 - Access to records and facilities.

40-0109. Access to records and facilities.

1. To carry out the purpose of this article and any rule, regulation or order issued thereunder, the department may, at reasonable times:

a. have the right to entry to, upon, or through any storage facility in which a hazardous substance is stored or in which any records are required to be maintained;

b. have access to and copy any records required to be maintained;

c. inspect any equipment, practice or method which is required by the provisions of this article; and

d. have access to and inspect any monitoring stations or conduct tests or take samples to identify any actual or suspected release of a hazardous substance resulting from the operation of the facility, including the right to take split samples.

2. Any person storing a hazardous substance may be required to furnish the department with information on the storage facility, repairs or replacements, hazardous substances stored, storage and handling practices, or results of tests, monitoring and inspections.


Last modified: February 3, 2019