Managing Facilities, Due Diligence and Facility Transfers
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shall take into account the circumstances of the discharge, the conduct
and culpability of the discharger, or both, prior to, during, and after the
discharge, and the extent of the harm resulting from the discharge to
persons, property, wildlife, or natural resources." N.J. Stat. Ann. §
58:10-23.11.1.
New York State Toxic Cleanup Law
In 1978, the state legislature passed a measure directing the New York
State Department of Health (DOH) to conduct a study to evaluate the
effects on public health associated with "exposure to toxic substances
emanating from certain landfills." N.Y. Pub. Health Law § 1386. This
study was the direct result of Love Canal. Subsequent to this measure,
the state legislature passed the New York Inactive Hazardous Waste Sites
Law (the Inactive Sites Law). Although the Inactive Sites Law was
enacted prior to the federal Superfund program, the Inactive Sites Law's
provisions for public financing of contaminated sites were not born until
after the passage of CERCLA.
Under the
New York State Hazardous Waste Site Remedial Plan,
which has been mandated by the Inactive Sites Law, the New York State
Department of Environmental Conservation (DEC) has established an
aggressive cleanup schedule. DEC is attempting to begin remediation at 500
of the state's identified sites by the year 2000, a clear sign of intense
commitment. The total number of sites that will require remediation
under the program is expected to reach over 700.
Although DEC appears to be on track toward meeting its
selfimposed deadline of the year 2000 for beginning remedial actions, final
cleanup of these sites will take many more years. DEC estimates that the
average time to complete remediation efforts at contaminated sites is five
years. However, many sites are sure to take much longer to fully
remediate. Nevertheless, DEC's attempt to begin cleanup at 500 sites is a
sign of its strong commitment.
The scope of the New York program is more narrow than that of
CERCLA. The Inactive Sites Law provides for the identification, listing,
and remediation of "inactive hazardous waste disposal sites," which it
defines as "any area or structure used for the long term storage or final
placement of hazardous waste including, but not limited to, dumps,
landfills, lagoons and artificial treatment ponds, as to which area or
structure no permit or authorization issued by [DEC] or a federal agency
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