Does the open culvert support a violation being issued?

The culvert was a pre-existing road surface water drainage structure that is located outside of the excavation boundaries. Plans approved by New York Department of Environmental Conservation (NYSDEC) called for the culvert to be capped as the excavation was backfilled, but to be isolated from the excavation using a plastic membrane prior to backfilling. All contaminated water collected in the excavation area is directed to a separate sump where it is then pumped to an on-site treatment unit. Once treated, the water is discharged to the sanitary sewer. Since no contaminated water was discharged into the culvert, there is no violation.

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1. Does the open culvert support a violation being issued?
2. Since pipe was open when it should have been shut, can DEC require Conifer to inspect the pipes (all 3) for any sediments, and require samples at the outfall points?
3. Do we know if Conifer encountered more contamination than anticipated and if the scope of remediation (depth and linear extent) should be expanded?
4. Is Conifer taking endpoint samples to confirm the soils are clean at the edges where the excavation ceases?
5. Lastly, will the occupants of the building will receive notification of 1. that they are living on top of a brownfield and 2, copies of testing performed at the site while they occupy it?