6 CRR-NY 360-8.6NY-CRR
6 CRR-NY 360-8.6
6 CRR-NY 360-8.6
360-8.6 Disposal of clean fill.
(a) Clean fill disposal requirements.
Notwithstanding any other provisions of this Subpart, the commissioner may allow, by permit, the disposal of clean fill in the Counties of Nassau and Suffolk. Solid waste other than that specifically identified in section 360-8.2(a)(1) of this Subpart may be designated as clean fill by petitioning the commissioner to make such a determination.
A site is exempt from regulation under this Part, regardless of its size or location provided that not less than 30 days before starting site construction, the property owner sends a letter to the regional office of the department, and a copy of the letter to the clerk of the town in which the project is located. The letter must state: the intention of using one or more of the types of solid waste described in this subdivision as grade adjustment fill; the exact nature, source, and volume of that waste; the time period over which the activity will occur; the name of the contractor responsible for the work; the areal extent of the proposed fill; the finished grades of the fill area; the exact location of the project; and the intended future use of the filled area including a time schedule for implementing such use; and it does not receive for disposal any solid waste other than recognizable concrete and other masonry solid waste (including steel and fiberglass reinforcing rods that are embedded in concrete), asphalt pavement, sand, dirt, soil, brick, stone and glass that is not contaminated with spills of a petroleum product (contamination does not include asphalt or concrete pavement that has come into contact with petroleum products through normal vehicle use of the roadway), hazardous waste or industrial waste, and that is not commingled with any other solid waste that is placed for the sole purpose of land reclamation, such as grade adjustment before construction of a building, parking area, or roadway; and either:
(1) such solid waste is generated and placed as fill on the same property; or
(2) such solid waste being placed as fill is generated off-site and no fee or other form of consideration is required for the privilege of using the site for disposal purposes.
(c) Permit requirements for clean fill sites two acres or less.
Except for those sites which are exempt from regulation under subdivision (b) of this section, a site two acres or less in size at which only recognizable concrete and other masonry materials (including steel and fiberglass reinforcing rods embedded in concrete), asphalt pavement, sand, dirt, soil, brick, stone and glass that has not been in contact with any petroleum product (contamination does not include asphalt or concrete pavement that has come into contact with petroleum products through normal vehicle use of the roadway), hazardous waste, or industrial waste, and that is not commingled with any other solid waste when placed at the site, is disposed of, or if placed for land reclamation purposes (such as grade adjustment before construction of a building, parking area, or roadway), regardless of location, and placement occurs on property other than the property on which it was generated, or; a site two acres or less in size, regardless of location, at which only tree stumps, branches, and logs (but not wood chips, grass clippings, leaves or lumber) are disposed of is subject to the following requirements:
(1) The applications for a permit to construct and operate must include the following information:
(i) the exact nature, source, and volume of the material to be disposed of or placed;
(ii) the anticipated life of the facility;
(iii) the name of the person who will operate the facility and the name of each hauler who will deliver to the facility;
(iv) the areal extent and finished grades of the facility;
(v) the exact location of the proposed facility (including a map drawn to scale showing the boundaries of the property upon which the facility will be located, contiguous landowners, and proposed facility boundaries); and
(vi) the intended future use of the property on which the facility is located, including a time schedule for implementing such use.
(2) The engineering standards that apply to facilities in this subdivision are as follows:
(i) Vehicular access to the fill area must be regulated or restricted by natural or constructed barriers, including a gate which must be locked when the site is not attended. The site must be attended during all hours of operation and must be operated only during the hours of sunrise and sunset. The attendant must have in his possession at the facility a copy of the permit issued pursuant to this Part.
(ii) Side slopes must not exceed 25 percent.
(iii) Fill material must not be placed in surface water or groundwater, nor in contact with bedrock.
(iv) Cover material must be placed as necessary to control odors, fire hazards, vectors, blowing litter, and scavenging.
(v) Fill material must be placed in layers not exceeding five feet in uncompacted thickness.
(vi) Final cover must be placed within 30 days after closure of the site, or whenever an additional lift of fill is not applied within a one year period, or to an entire site which is the subject of an application that is denied, or a permit that terminates or is revoked for any reason. As a minimum, final cover must comply with the provisions of section 360-7.3(b)(9) of this Part.
(vii) The boundary or toe of the fill material must be at least 50 feet from all boundaries of the property upon which the facility is located.
(viii) Subsequent applications to construct and to operate a clean fill disposal area under the provisions of this subdivision for the same property, or property from which it was subdivided within the previous five years, regardless of current ownership must comply with and satisfy the applicable requirements for a clean fill disposal area whose size is the sum of the area of any existing area and the proposed clean fill disposal area.
(d) Permit requirements for clean fill sites larger than two acres.
Except for those sites which are exempt from regulation under subdivision (b) of this section, a facility not described in subdivision (c) of this section at which only clean fill is placed or disposed is subject to the permitting requirements of this subdivision:
(1) Application requirements for initial permits to construct and to operate a clean fill landfill are identical to the requirements of section 360-2.3 of this Part.
(2) Clean fill landfill liner and leachate collection and removal systems material, construction and certification requirements are identical to the requirements of subdivisions (a)-(e), (g)-(o) (other than subparagraphs [j][i], [k][i] and [l][i]) and (p)-(w) of section 360-2.13 of this Part. In addition:
(i) the minimum liner requirement for all landfills accepting clean fill must consist of the following:
(a) for new or lateral expansions of existing landfills within the deep flow recharge area, a double liner system consisting of an upper geomembrane and a lower composite liner system meeting the requirements of section 360-2.13(j)(1)(ii) of this Part, and must provide a primary and a secondary leachate collection and removal system; and
(b) for landfills outside the deep flow recharge area, at least a single composite liner system meeting the requirements of section 360-2.13(j)(1)(ii) of this Part, with a provision for primary but not secondary leachate collection and removal;
(ii) in the case of double lined clean fill landfills, the upper geomembrane liner must have a minimum thickness of 80 mils, and the lower geomembrane component of the composite liner must have a minimum thickness of 60 mils; and
(iii) the minimum thickness of the soil drainage layer of the primary leachate collection system must be four feet; and
(iv) the boundary or toe of the fill material must be at least 50 feet from all boundaries of the property upon which the facility is located.
(3) Landfill operation requirements are identical to the requirements of subdivisions (a)-(e), (g)-(k), (m), (q), (s), (t) and (u) of section 360-2.17 of this Part, except that the layers of clean fill must not exceed five feet in uncompacted thickness; and cover must be applied as necessary to control vectors, fires, odors, blowing litter, and scavenging.
(4) Landfill closure and post-closure criteria are identical to the requirements of sections 360-2.15 and 360-7.6(c) of this Part. Final cover must, at a minimum, include a gas venting layer, a barrier layer, barrier protection layer, and a topsoil layer. The final cover system must be designed and constructed in accordance with the applicable requirements of section 360-2.13(p)-(s) of this Part. Financial assurance criteria are identical to the requirements of section 360-2.19 of this Part.
6 CRR-NY 360-8.6
Current through August 31, 2017
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