New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-2 - Land Application and Associated Storage Facilities › Section 361-2.7 - Design and operating requirements for storage facilities

Current through Register Vol. 46, No. 28, July 10, 2024
A storage facility required to obtain a permit must, in
						addition to the requirements identified in section
						360.19  of this Title, design,
						construct, maintain, and operate the facility in compliance with the following
						criteria.
(a) The minimum horizontal
					 separation distances from the perimeter of the storage facility must be, at a
					 minimum, 50 feet to the property line, 100 feet to a surface water body or
					 potable water well, and 500 feet (1,500 feet for a surface impoundment or open
					 tank) to a residence, place of business, or public contact area. The separation
					 requirement does not apply to the landowner's or operator's residence.
(b) All samples obtained from the storage
					 facility must be representative of the waste stored. The number of samples
					 necessary will be determined by the department based on the waste type and
					 quantity of waste stored.
(c) All
					 storage facilities must be completely emptied, cleaned, and inspected at least
					 once every 12 months or an acceptable leak detection procedure is employed. The
					 department must be notified at least five business days before any internal tank
					 inspection begins. Any damage or deterioration revealed by the inspection must be
					 repaired before the storage facility begins receiving waste again.
(d) Surface impoundments must be constructed
					 above the special flood hazard area and must be constructed with a liner system
					 to minimize percolation. The liner system must consist of either a minimum of two
					 feet of compacted soil having a maximum remolded hydraulic conductivity of 1 x
					 10-7 centimeters per second or a geomembrane material
					 approved by the department. The soil material particles must be able to pass
					 through a one-inch screen.
(e) For
					 surface impoundments, the facility must be monitorable and must not be located
					 within the recharge area of a primary or principal aquifer or in an unstable
					 area.
(f) If soil is used for a
					 liner, the construction criteria in subparagraphs 363-6.7(b)(2)(ii) and (iii) of
					 this Title apply.
(g) Surface
					 impoundments must maintain a minimum of two feet of freeboard. The bottom of the
					 impoundment liner system must be a minimum of five feet above both seasonal high
					 groundwater and bedrock.
(h) A
					 minimum of one upgradient and two downgradient monitoring wells, or more as
					 determined by the department, must be installed at a surface impoundment
					 facility. If multiple surface impoundments are used and are not near each other,
					 then each impoundment must have separate monitoring well arrays.
(i) Existing water quality must be established
					 before placement of any waste in a surface impoundment.
(j) Quarterly sampling of the wells at surface
					 impoundments must be conducted for the following parameters: chloride, nitrate,
					 ammonia, sulfate, specific conductivity, total hardness, alkalinity, total
					 organic carbon and chemical oxygen demand. In addition, for biosolids storage
					 facilities, annual sampling is required for the following parameters: arsenic,
					 cadmium, copper, lead, mercury, molybdenum, nickel, selenium, zinc, boron,
					 barium, beryllium, cyanide, turbidity and volatile organic compounds. All samples
					 must be representative of the material sampled. All analyses must be performed by
					 a laboratory certified by the Department of Health, using methods acceptable to
					 the department, unless use of an alternate laboratory or method is authorized by
					 the department.
(1) The department can require
					 sampling for additional parameters based on the type of waste stored and past
					 monitoring results.
(2) Sampling
					 results reported to the department must include a copy of the laboratory results,
					 sampling methods, sampling personnel, dates and times samples were taken, purge
					 volumes, field parameters and other relevant information.
(3) The department must be notified at least
					 five business days before each sampling event.