Why does DEC differentiate between hazardous waste and hazardous substances? Why not look at the danger to people?
DEC’s Inactive Hazardous Waste Disposal Site Remedial Program is only legally authorized to address a site with hazardous waste as defined in State law. The definition of an inactive hazardous waste disposal site as used in the remedial program was established by the Legislature and can only be changed by an act of the Legislature. The definition of a hazardous waste found in State law requires that the waste have certain characteristics or the waste be produced from a specific industrial process. Residential wastes, which can contain hazardous substances, are exempt from this definition of hazardous waste. Only if hazardous wastes as identified in State law are present, can a site be included in the State Superfund program. In 1994, legislation was passed which required DEC to conduct a study of hazardous substance sites which fall outside the definition of inactive hazardous waste disposal sites. The Department, in conjunction with the Department of Health, issued a final report on t
