New York Superfund regulations & environmental compliance analysis

New York Superfund: What you need to know

Governing Law and Regulations

Inactive hazardous waste disposal sites: New York Environmental Conservation Law (ECL) 27-1301 to 27-1323 and 6 New York Codes, Rules, and Regulations (NYCRR) Subparts 375-1.1 to 375-2.11

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Site identification:

Information collection: ECL 27-1307

Definition: 6 NYCRR 375-1.2

Site Registry: ECL 27-1305

Registry criteria: 6 NYCRR 375-2.7

Remedial investigation: 6 NYCRR 375-2.8

Interim remedial measure: 6 NYCRR 375-2.8(d)

Records of decision (RODs): 6 NYCRR 375-2.9

Liability: ECL 27-1321 and ECL 27-1323

State fund: New York State Finance Law (SFL) 97-b and 6 NYCRR 375-3.1

Municipality eligibility: 6 NYCRR 375-4.3

Regulatory Agencies

New York State Department of Environmental Conservation (DEC) Division of Environmental Remediation (DER)

U.S. Environmental Protection Agency (EPA) Region 2

New York State Department of Health (DOH)

See ADDRESSES & CONTACTS for addresses and telephone numbers

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York has its own Superfund program, the Inactive Hazardous Waste Disposal Sites (IHWDS) program, which authorizes the state to identify, investigate, and clean up contaminated sites and hazardous substance releases. The state Superfund provides DEC's enforcement authority, establishes the Hazardous Waste Remedial Fund (HWRF), and provides for a site registration list. The state Superfund is very similar to the federal Superfund program, established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Administration and enforcement. DER administers and enforces the state Superfund rules in New York. EPA Region 2 administers and enforces the federal Superfund in New ...

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