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hazardous waste

NYSDEC Will Exercise Enforcement For Signature Procedures for Certain Waste Streams

enforcement, Hazardous Waste / By

To prevent spread of COVID-19, the New York State Department of Environmental Conservation (NYSDEC) will exercise its enforcement discretion with respect to certain provisions of 6 NYCRR Parts 364,372,374-2, and 381. According to a Letter issued by the NYSDEC Office of General Counsel, the agency will not pursue enforcement of requirements for signatures on waste

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Appellate Court Restricts NYSDEC Ability to Spend Superfund Money

CERCLA, Hazardous Waste / By

A legal maxim is that  bad facts often make bad law. It appears that complex facts may have confused an Appellate Division court in In the Matter of FMC Corporation vs New York State Department of Environmental Conservation, 2016 N.Y. App. Div. LEXIS 6785 (App. Div.-Third Dept. 10/20/16) where the three judge-panel appeared to rule

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NYC Developers Need to Anticipate Possible Hazardous Waste Fees

Brownfields, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NYC OER / By

Large swaths of New York City contain fill material that may contain constituents such as heavy metals. Other soils may contain VOCs, petroleum and lead paint from demolished buildings. As a result, brownfield projects in New York City can generate large quantities of excavated soil that may have to be managed as hazardous waste. Having

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EPA Guidelines on Building Debris and Demolition Following Natural Disaster

asbestos, common law, Hazardous Waste, Mold, oil spills, Underground Storage Tanks / By

Cleanup activities related to homes and businesses damaged by hurricanes or other natural disasters can pose significant health and environmental challenges. Immediate and life-threatening conditions may arise from  leaking natural gas lines, and carbon monoxide poisoning from using un-vented fuel-burning equipment indoors. However, there are other serious hazards that are not immediately life threatening but

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Ohio Bank to Partially Reimburse EPA For Removal Costs Related To Defunct Borrower Facility

CERCLA, Hazardous Waste, Lender Liability / By

An Ohio bank agreed to pay the United States EPA $8K in past response costs incurred by EPA to remove hazardous waste drums at a facility that had been owned by a defunct borrower. The amount the bank agreed to pay represented approximately 10% of the EPA’s response costs. The notice of the proposed Agreement

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NY High Court Upholds State Superfund Regs

Hazardous Waste / By

The New York State Court of Appeals (New York’s highest court) rejected a challenge that the New York State Department of Environmental Conservation (NYSDEC) exceeded its authority when it promulgated regulations requiring state superfund sites to be remediated to “pre-disposal” conditions when feasible. In the Matter of New York State Superfund Coalition v New York

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