Are STIP conditions flexible?
The STIP is intended to support a PRP as well as DEC. It does not require a PRP to admit responsibility for the spill; however, it does require the PRP to agree to clean up the spill in accordance with an agreed-upon schedule. The PRP will, in fact, develop the schedule along with DEC. The schedule may identify any or all of the following milestone activities: initiation of the investigation, completion/submittal of the investigation report, submission of the remediation plan, and project start date. DEC recognizes that all this information is typically not available at the beginning of the STIP process. Also, more complex sites require more investigative time, and remediation plans may need to be adjusted to reflect site conditions. Therefore, the schedule is adjustable subject to approval of the Regional Spill Engineer. Having a schedule of required activities will eliminate any confusion between a PRP and the DEC as to what should have taken place and when it should have occurred. I