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In May 2025, New York enacted important amendments to its Superfund statute (the Inactive Hazardous Waste Disposal Sites Program) as part of the governor's FY 2025–2026 budget bill, moving the Superfund statute much closer to its federal analogue, the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA).
The amendments close gaps in the New York's Superfund statute that have long been available under the CERCLA. Whereas the New York State Department of Environmental Conservation's (NYSDEC) previously lacked a streamlined mechanism to obtain recovery costs, the amendments impose strict, joint, and several liability to responsible persons for response costs and expressly authorizes the NYSDEC to commence actions to recover such costs. The amendments similarly establish strict, joint, and several liability for natural resource damages, and enable NYSDEC to seek recovery of such damages.
Beyond strengthening and streamlining NYSDEC's enforcement authority, the amendments clarify key aspects of the Superfund statute. For instance, the amendments add a statutory definition of "responsible persons" subject to cleanup liability and establish a state-law analogue to CERCLA's bona fide prospective purchaser (BFPP) exemption. The new definition of "responsible persons" includes current owners and operators; owners and operators at the time of disposal of hazardous waste; generators, transporters, disposers, and arrangers of hazardous waste; and persons liable under statutes, common law, or CERCLA. The amendments also establish an express BFPP exemption, providing purchasers who acquire property with knowledge of contamination to obtain liability protection if certain criteria are met.
The new amendments go beyond liability and defenses, touching various aspects of New York's Superfund program, including site identification and prioritization, community engagement, financial assurance, and certain PFAS liability exemptions for municipalities.
The focus in 2026 will shift to implementation, with NYSDEC's new enforcement authorities being particularly important to the regulated community in 2026.
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