Why aren all municipal waste disposal sites considered hazardous waste sites since they all have hazardous waste in them (household hazardous wastes, at a minimum)?
Most municipal landfills are not formally listed as hazardous waste sites because the definition of hazardous waste contained in New York State law excludes household hazardous waste. Therefore, Bond Act funds cannot legally be spent for a site which contains only household hazardous wastes. In order for a municipal waste landfill to be considered a hazardous waste site, it must be determined that hazardous waste present at the site was commercial or industrial in origin. Municipal landfills are handled within the agency by the Division of Solid and Hazardous Materials under the provisions of Part 360. Closure of a municipal landfill under Part 360 is environmentally protective, and most closures of municipal landfills that are also hazardous waste sites are completed according to the provisions of Part 360.