New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 363 - State Aid For Planning For Collection, Treatment And Disposal Of Refuse › Subpart 363-10 - Corrective Measures › Section 363-10.1 - Corrective measures report

Current through Register Vol. 46, No. 28, July 10, 2024
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 subparagraph
						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.