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6 CRR-NY 363-10.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

CHAPTER IV. QUALITY SERVICES

SUBCHAPTER B. SOLID WASTES

PART 363. LANDFILLS

SUBPART 363-10. CORRECTIVE MEASURES

6 CRR-NY 363-10.1

363-10.1 Corrective measures report.

The owner or operator of a landfill must complete a corrective measures report and implement a corrective measures program consistent with this Subpart if trigger values are exceeded as specified in section 363-4.6(f)(9)(iii) of this Part. The requirements of this section do not apply to landfills that stopped accepting solid waste prior to October 9, 1993, or to facilities subject to Part 375 of this Title.

(a) Corrective measures assessment.

(1) If any expanded parameter is detected at a level which exceeds the groundwater protection standards specified in section 363-4.6(f)(9)(iii) of this Part, then the owner or operator must notify the department within 24 hours of detection, notify appropriate local government officials within seven days of detection, begin a corrective measures assessment within 30 days of detection, and complete the corrective measures assessment within a timeframe specified by the department. The facility owner or operator must continue to monitor the facility in accordance with section 363-4.6 of this Part.

(2) The corrective measures assessment must include a list of possible corrective measures including, but not limited to, closure in accordance with Subpart 363-9 of this Part and landfill reclamation in accordance with Subpart 363-11 of this Part, and an assessment of the effectiveness of each corrective measure. The assessment of each listed corrective measure must include, at a minimum:

(i) the corrective measure's performance, reliability and ease of implementation;

(ii) the corrective measure's potential impacts including safety effects, cross media effects and control of any probable residual contamination;

(iii) the time required to begin and complete each corrective measure;

(iv) the cost of each corrective measure; and

(v) an identification of any State and local permits or other public health or environmental requirements that may affect the corrective measure implementation.

(3) The facility owner or operator must discuss the corrective measures assessment in a public meeting and with the department before the selection of the corrective measure. A responsiveness summary, which addresses comments received at the public meeting, must be included with the corrective measures report submitted under subdivision (b) of this section. The public meeting must be noticed as follows:

(i) publication of the notice in a newspaper having general circulation in the area within which the facility is located, direct mailing of the notice to property owners within 1,000 feet of the landfill footprint, and publishing of the notice in the environmental notice bulletin;

(ii) the notice must be published and mailed not less than two weeks nor more than six weeks before the meeting; and

(iii) the notice must indicate the date, time, place and purpose of the meeting, and the name and address of the owner or the owner's representative.

(b) Corrective measure selection.

(1) The facility owner or operator must select a corrective measure based on the results of the corrective measures assessment conducted under subdivision (a) of this section. A corrective measures report must be submitted to the department for approval within 14 days after completion of the proposed corrective measures assessment. The report must address the requirements of this subdivision and include the results of the corrective measures assessment, the proposed corrective measures, and a schedule for initiating and completing the corrective measures.

(2) The selected corrective measure must:

(i) protect public health and the environment;

(ii) attain the groundwater protection standard established pursuant to section 363-4.6 of this Part;

(iii) control the sources of releases to the maximum extent practical so as to reduce or eliminate further releases of the contaminants into the environment; and

(iv) comply with other applicable State and Federal requirements.

(3) The facility owner or operator, in selecting a corrective measure, must consider the following factors:

(i) the probable success of the corrective measure, including:

(a) the reduction of existing risks;

(b) the potential of residual risks due to waste remaining after implementation of the corrective measure;

(d) short term risks that might be posed to public health and the environment while implementing the corrective measure. This includes any potential impacts to public health and the environment that may be associated with excavation, transportation, and redisposal of wastes;

(e) time until full protection is achieved;

(f) the potential adverse impacts on public health and the environment resulting from exposure to remaining wastes compared to the potential of adverse impacts associated with further corrective measures;

(g) long-term reliability of the engineering and institutional controls;

(h) potential need to replace the corrective measure; and

(i) the compatibility of the corrective measure with department cleanup and pollution prevention initiatives for nonhazardous wastes;

(ii) the corrective measure’s short-term and long-term effectiveness in preventing the release of additional contaminants. The probable effectiveness of the corrective measure should consider, at a minimum, the following:

(a) the extent to which containment practices will reduce further releases;

(b) the time period for reduction of any further releases; and

(iii) the ease or difficulty of implementing a potential corrective measure, specifically considering the following:

(a) the difficulty of the construction;

(b) operational reliability of the technologies;

(d) the availability of necessary equipment and specialists; and

(e) available capacity and location of needed treatment, storage, and disposal services;

(iv) the technical and economic resources available to the facility owner or operator;

(v) the degree to which community concerns are addressed by a potential corrective measure.

(4) Within 90 days after the selection of a department-approved corrective measure, the facility owner or operator must complete and submit to the department a corrective measures work plan that includes an implementation schedule. Any revisions to the work plan based on department comments must be submitted within 30 days. The owner or operator must consider the following factors in determining the schedule of corrective activities:

(i) the extent and nature of contamination and level of adverse impact to public health and the environment;

(ii) the objectives of the corrective measure and the practical capabilities of corrective technologies in remediating contamination and leading to compliance with the groundwater protection standards;

(iii) availability of treatment or disposal capacity for wastes managed during implementation of the corrective measure;

(iv) an evaluation of the use of experimental technologies that are not currently commercially available, which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve corrective objectives;

(v) potential risks to public health and the environment resulting from exposure to contamination prior to completion of the corrective measure;

(vi) resource value of the contaminated aquifer, including:

(a) whether the aquifer is a primary or principal aquifer or is within a public water supply stabilized cone of depression area or within a regulated wetland, special flood hazard area or other applicable prohibited or restricted siting area as defined in this Part;

(b) current and future uses;

(d) groundwater quantity and quality;

(e) potential damage to wildlife, crops, vegetation, and physical structures that may be caused by exposure to the waste constituent;

(f) hydrogeologic characteristics of the facility and surrounding land;

(g) groundwater removal and treatment costs; and

(h) cost and availability of alternative water supplies;

(vii) practical capability of the facility owner or operator;

(viii) an evaluation of any interim measures necessary to ensure the protection of public health and the environment. The interim measures must be consistent with the objectives of and contribute to the performance of any corrective measure that may be required under subdivision (b) of this section. The interim measures evaluation must be submitted to the department to determine if interim measures are needed. An interim measures evaluation must consider the following factors:

(a) time required to develop and implement a final corrective measure;

(b) actual or potential exposure of contaminants to nearby populations or environmental receptors;

(c) actual or potential contamination of drinking water supplies, primary or principal aquifers, or sensitive ecosystems or environments;

(d) further degradation of the groundwater that may occur if a corrective measure is not initiated expeditiously including, but not limited to, direction and rate of contaminant movement in the groundwater flow system;

(e) weather conditions that may cause contaminants to migrate or be released or otherwise aid in their transmission;

(f) risks of fire or explosion, or potential for exposure to contaminants as a result of an accident or failure of a container or handling system; and

(g) other situations that may pose threats to public health and the environment; and

(ix) other relevant factors.

(5) The department may determine that the proposed corrective measure for a contaminant parameter is not necessary if the facility owner or operator demonstrates to the satisfaction of the department that:

(i) the groundwater is additionally contaminated by substances that have originated from a source other than the landfill and that the concentrations of those substances are present at levels where implementation of the corrective measures would provide no significant reduction in risk to public health and the environment;

(ii) the remediation of the release is technically impractical; or

(iii) the remediation will result in unacceptable cross media impacts.

(6) A determination by the department under paragraph (5) of this subdivision does not affect the authority of the department to require the facility owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further contamination of groundwater or to mitigate the groundwater contamination to concentrations that are technically practical and significantly reduce threats to public health and the environment, nor does it diminish the department's authority to seek civil or criminal penalties or other damages or relief as part of an enforcement action under State or Federal law.

(1) Once the corrective measure work plan is approved by the department, the facility owner or operator must:

(i) establish and implement a corrective measure groundwater monitoring program, that:

(a) meets the requirements of section 363-4.6 of this Part and any additional condition imposed by the department as part of a permit, administrative order, or court order;

(b) indicates the effectiveness of the corrective measure; and

(ii) implement the corrective measure selected under subdivision (b) of this section in accordance with the terms, conditions and schedule set forth in an approved corrective measures work plan; and

(iii) take any interim measures necessary to protect public health and the environment.

(2) The department may determine that compliance with paragraph (b)(2) of this section is not being achieved through the selected corrective measure. In these cases, the department may require the facility owner or operator to implement other methods or techniques that could achieve compliance with paragraph (b)(2) of this section, unless the department makes a determination under paragraph (3) of this subdivision.

(3) If the facility owner or operator determines that they cannot achieve the requirements of paragraph (b)(2) of this section with any currently available methods, then the owner or operator must:

(i) submit a justification for the department's approval, which indicates that the requirements under paragraph (b)(2) of this section cannot be achieved with any currently available methods;

(ii) implement alternate measures acceptable to the department, to control exposure to humans, wildlife, the environment or other receptors to residual contamination;

(iii) implement measures acceptable to the department, for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are consistent with the overall objective of the corrective measure; and

(iv) notify the department that the report justifying the alternative measures has been placed in the operating record. The department must be notified within 14 days prior to implementing the alternative measures.

(4) All wastes that are managed according to a corrective measure required under this section must be managed in a manner that:

(i) protects public health and the environment; and

(ii) complies with applicable State and Federal requirements.

(5) Corrective measures selected according to subdivision (b) of this section are considered complete when:

(i) the facility owner or operator complies, to the satisfaction of the department, with the groundwater protection standards specified in this section at all points within the plume of contamination. Compliance with the groundwater protection standards is demonstrated when concentrations of contaminants required to be measured have not exceeded the groundwater protection standard for three consecutive years using the procedures and performance standards in the environmental monitoring plan under section 363-4.6 of this Part. The department may specify an alternative length of time during which the facility owner or operator must demonstrate that concentrations of baseline and expanded parameters have not exceeded groundwater protection standard(s) taking into consideration:

(a) extent and concentration of the release;

(b) behavior characteristics of the contaminants in the groundwater;

(c) accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy; and

(d) characteristics of the groundwater; and

(ii) all actions required to complete the corrective measure have been satisfied.

(6) The facility owner or operator must certify to the department that the corrective measure has been completed according to the requirements of paragraph (5) of this subdivision. The certification must be signed by the facility owner or operator and be approved by the department.

(7) When, upon review of the certification, the department determines that the corrective measure has been completed in accordance with the requirements under paragraph (5) of this subdivision, the facility owner or operator may be released from the requirements for financial assurance for corrective measures.

6 CRR-NY 363-10.1

Current through March 15, 2022

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