New York Land Treatment regulations & environmental compliance analysis

New York Land Treatment: What you need to know

Governing Law and Regulations

Hazardous waste land treatment rules: 6 New York Codes, Rules, and Regulations (NYCRR) 373-2.13 and 6 NYCRR 373-3.13 (interim status)

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Food chain crops: 6 NYCRR 373-2.13(e)(2) to (3)

Facility location: 6 NYCRR 373-2.13(e)(1)

Regulatory Agency

New York Department of Environmental Conservation (DEC) Office of Remediation and Materials Management Division of Solid and Hazardous Materials Bureau of Hazardous Waste Regulation Hazardous Waste Program

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Owners and operators of land treatment facilities in New York must comply with both the federal land treatment rules and the state's additional requirements in connection with prohibiting the growth of food chain crops, location of the facility, permit requirements, and an annual facility fee.

Administration and enforcement. DEC's Bureau of Hazardous Waste Regulation administers and enforces the land treatment facility requirements in New York.

State Requirements

FOOD CHAIN CROPS

6 NYCRR 373-2.13(e)(2) to (3)

DEC prohibits the growth of food chain crops on any land that is or has been used as a hazardous waste land-treatment facility (6 NYCRR 373-2.13(e)(2)). (Federal standards allow such growth under certain conditions.) In addition, and as a condition of their permits, operators of land treatment facilities must place in the property deed a restrictive covenant that runs with the land prohibiting the growth of food chain crops on the property (6 NYCRR 373-2.13(e)(3)).

FACILITY LOCATION

6 NYCRR 373-2.13(e)(1)

In New York, no land treatment facility may be located on ...


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