Managing Facilities, Due Diligence and Facility Transfers
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The Hazardous Waste Remedial Fund is the state superfund for
funding emergency abatement
measures, remedial activities that
responsible parties are unwilling to perform, remedial activities when
responsible parties cannot be identified, and the state share of cleanup
costs under the federal Superfund program. This state superfund is
financed through assessments on the generation and disposal of hazardous
wastes and petroleum surcharge fees, and fines and penalties and it also
receives appropriations from the state's general fund. Where possible,
DEC attempts to secure funding for site remediation through the federal
Superfund program. In 1986, the state Legislature responded by passing
the Environmental Quality Bond Act of 1986 (Bond Act). The Bond Act
added a considerable financial commitment to the state superfund effort,
providing
$1.45 billion for a variety of environmental programs, with
$1.2 billion of that targeted for hazardous waste remediation projects.
Under the Inactive Sites Law, owners and operators of sites on the
registry must notify DEC and DOH before substantially
changing the use
of their sites. Written notice must be provided at least 60 days prior to
a change in use or physical alteration of land or construction. Substantial
changes include erection of buildings, paving of roadways and parking
lots, or the creation of a park or recreation facility. A substantial change
in use requires notice only, and not DEC and DOH approval, unless
DOH declared "a condition dangerous to life or health resulting from an
inactive hazardous waste disposal site. " In these cases, initiation of
changes to the site may not begin prior to written approval being issued
by both DEC and DOH. The agencies cannot approve the changes if the
new use would interfere with a remedial program or increase risk to the
environment or human health.
The "Super Lien" Laws
Some states have gone beyond CERCLA and SARA by enacting a
priority lien or ""super lien" provision as part of their Superfund laws.
A priority lien allows the state to impose the lien with priority over all
other claims. New Jersey has led the way in allowing liens for cleanup
costs.
In 1980, the New Jersey's Spill Act was amended to include a super
lien provision designed to prevent responsible parties from escaping
liability by claiming bankruptcy. This predated SARA, which included a
much weaker federal lien provision.
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