Is petroleum considered a hazardous substance for the purpose of brownfield remediation and if so, must it follow the procedures applied to hazardous waste?
Yes. The term “hazardous substances” is defined in the Bond Act legislation (ECL 56-0101.11) as “substances found on the list of substances hazardous to the public health, safety or the environment promulgated pursuant to article 37 of this chapter and petroleum, as that term is defined in subdivision fifteen of section one hundred seventy-two of the navigation law.” The cleanup requirements are also found in the Bond Act (ECL 56-0505.3) which states that the cleanup “shall meet the same standard for protection of public health and the environment that applies to remedial actions undertaken pursuant to section 27-1313 of this chapter.” The law does not differentiate between petroleum and non-petroleum so they must follow the same approach.
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