DEC Issues New Policies On the Cleanup of Contaminated Sites

DEC Issues New Policies On the Cleanup of Contaminated Sites

Over the last year, the Department of Environmental Conservation(DEC) has issued several important policy documents relating to the cleanup of contaminated sites in New York. Each is intended to provide the DEC staff and private parties with clear guidance on that policy’s goals, purpose, standards and detailed procedures for achieving such goals. By and large these new policies apply to the six DEC cleanup programs, administered by the DEC’s Division of Environmental Remediation (DER): the Inactive Hazardous Waste Disposal Site Remedial Program, known as the State Superfund Program (SSF); the Brownfield Cleanup Program (BCP), the Petroleum Spill Response Program (SRP), the Environmental Restoration Program, the Voluntary Cleanup Program and the Resource Conservation and Recovery Act Corrective Action Program (RCRA).

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The Third Department Reaffirms Expansive View of Liability for Petroleum Spills in New York

The Third Department Reaffirms Expansive View of Liability for Petroleum Spills in New York

In State v. C.J. Burth Services, Inc., ___ A.D.2d __ (3rd Dept., 2010), the Appellate Division reaffirmed a very expansive view of liability for petroleum spills in New York. In Burth, the Third Department ruled on whether a party which purchased property without knowledge of leaking underground petroleum storage tanks could be held liable for the cleanup under Article 12 of the New York Navigation Law.

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Supreme Court Rules on Many Aspects of Oil Spill Law

Eskenazi v. Mackoul, Nassau SCt, Justice Phelan; No.: 017248/06  (Dec. 11, 2008)

An interesting case out of Nassau Supreme Court, which covers many topics related to oil spill liability:  liability under the Navigation Law, damages recoverable, mitigation of damages, insurance coverage pro-ration, and spoliation of evidence.

“M” purchased property in Lido Beach in a foreclosure sale March 1993.  At the time of sale, the house had no heating system.  M denied knowing there was an underground fuel tank on the property.  M installed a gas heat system for the premises.

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