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*All non-federal-lead
contaminated property
(both oil and
hazardous substances)
Excluded sites:
* Federally-owned and
controlled sites
* NPL (and proposed
NPL) sites
* DEC Class 1
Registry sites
* Sites registered
under ECL Article 27, title 9, and 6 NYCRR Part 370—i.e., TSDFs.
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* Contaminated or
perceived to be contami-nated;
* Not on NPL;
* Not under active
enforcement, including consent orders;
* Not subject to
controlled haz. substance (CHS) permit (but solid waste management units
in the same facility that are not subject to CHS permits are okay);
* Includes sites on
CERCLIS
* All such sites
contaminated pre-October 1997
* Sites con-taminated
after 10/1/97 are only covered if contamination was due to an act of
God, or the site was subsequently acquired by an inculpable person.
* Does not include
sites contaminated solely with oil [these are addressed under parallel
MDE regulations, but MDE is "moving toward a unified regulatory
program"] |
*Eligibility depends
on the attri-butes of the applicant rather than of the land.
*Once a permanent cleanup or remedy
operation status is achieved, an "eligible person" is protected from
liability.
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* Sites where
response activity is not required by administrative order or judicial
decree.
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Excludes:
some (high priority) sites subject to ISRA and the UST and CERCLA
programs.
*The VCP (thru the MOA mechanism) focuses
on overseeing cleanups at sites where public funds are not being used,
and where cleanup is not otherwise required under ISRA, or the
Under-ground Storage of Haz. Substances Act. |
Excludes:
Releases from mining
operations; and NPL sites.
* Oil spill responses are subject to Act 2 standards, but are not
subject to Notice of Intent (NIR) require-ments.
*Releases from operating landfills may apply only “background” or
“statewide health” standards; closed landfills can apply any Act 2
standards.
* Does not preempt
procedural and public review requirements applicable to State Priority
List sites (but Act 2 cleanup standards apply to all cleanups). |