New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-3 - INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES › Section 373-3.6 - Ground-water monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The owner or
					 operator of a surface impoundment, landfill or land treatment facility which is
					 used to manage hazardous waste must implement a ground-water monitoring program
					 capable of determining the facility's impact on the quality of ground water in
					 the uppermost aquifer underlying the facility, except as section
					 373-3.1(a) 
					 of this Subpart and paragraph (3) of this subdivision provide
					 otherwise.
(2) Except as paragraphs
					 (3) and (4) of this subdivision provide otherwise, the owner or operator must
					 install, operate and maintain a ground-water monitoring system which meets the
					 requirements of subdivision (b) of this section and must comply with subdivisions
					 (c)-(e). This ground-water monitoring program must be carried out during the
					 active life of the facility, and for disposal facilities, excluding thermal
					 treatment, incineration and energy recovery facilities, during the post-closure
					 care period as well.
(3) All or part
					 of the ground-water monitoring requirements of this section may be waived if the
					 owner or operator can demonstrate that there is a low potential for migration of
					 hazardous waste or hazardous waste constituents from the facility via the
					 uppermost aquifer to water supply wells (domestic, industrial or agricultural) or
					 to surface water. This demonstration must be in writing, and must be kept at the
					 facility. This demonstration must be certified by a qualified geologist or
					 geotechnical engineer and must establish the following:
(i) the potential for migration of hazardous
					 waste or hazardous waste constituents from the facility to the uppermost aquifer,
					 by an evaluation of:
(a) a water balance of
					 precipitation, evapotranspiration, runoff and infiltration; and
(b) unsaturated zone characteristics
					 (
i.e.,
geologic materials, physical properties, and depth to
					 ground water); and
(ii)
					 the potential for hazardous waste or hazardous waste constituents which enter the
					 uppermost aquifer to migrate to a water supply well or surface water, by an
					 evaluation of:
(a) saturated zone
					 characteristics (
i.e.,
geologic materials, physical properties,
					 and rate of ground-water flow); and
(b) the proximity of the facility to water
					 supply wells or surface water.
(4) If an owner or operator assumes (or knows)
					 that ground-water monitoring of indicator parameters in accordance with
					 subdivisions (b) and (c) of this section would show statistically significant
					 increases (or decreases, in the case of pH) when evaluated under subdivision (d)
					 of this section, an alternate ground-water monitoring system (other than the one
					 described in subdivisions [b] and [c]) may be installed, operated and maintained.
					 If the owner or operator decides to use an alternate ground-water monitoring
					 system, the owner or operator must:
(i) prepare
					 and submit to the department a specific plan, certified by a qualified geologist
					 or geotechnical engineer, which satisfies the requirements of subparagraph
					 (d)(4)(iii) of this section for an alternate groundwater monitoring system. This
					 plan is to be placed in the facility's operating record and maintained until
					 closure of the facility;
(ii)
					 initiate the determinations specified in subparagraph (d)(4)(iv) of this
					 section;
(iii) prepare a report in
					 accordance with subparagraph (d)(4)(v) of this section and place it in the
					 facility's operating record and maintain until closure of the facility;
					 and
(iv) continue to make the
					 determinations specified in subparagraph (d)(4)(iv) of this section on a
					 quarterly basis until final closure of the facility; and
(v) comply with the recordkeeping and reporting
					 requirements in paragraph (e)(2) of this section.
(5) The ground-water monitoring requirements of
					 this section may be waived with respect to any surface impoundment that:
(i) is used to neutralize wastes which are
					 hazardous solely because they exhibit the corrosivity characteristic under
					 section
					 371.3(c) 
					 of this Title or are listed as hazardous wastes in section
					 371.4  of
					 this Title only for this reason; and
(ii) contains no other hazardous wastes, if the
					 owner or operator can demonstrate that there is no potential for migration of
					 hazardous wastes from the impoundment. The demonstration must establish, based
					 upon consideration of the characteristics of the wastes and the impoundment, that
					 the corrosive wastes will be neutralized to the extent that they no longer meet
					 the corrosivity characteristic before they can migrate out of the impoundment.
					 The demonstration must be in writing and must be certified by a qualified
					 professional.
(6) The
					 department may replace all or part of the requirements of this Subpart applying
					 to a regulated unit (as defined in section
					 373-2.6[a] 
					 of this Part), with alternative requirements developed for groundwater monitoring
					 set out in an approved closure or post-closure plan or in an enforceable document
					 (as defined in section
					 373-1.2[e][3] 
					 of this Part), where the department determines that:
(i) a regulated unit is situated among solid
					 waste management units (or areas of concern), a release has occurred, and both
					 the regulated unit and one or more solid waste management unit(s) (or areas of
					 concern) are likely to have contributed to the release; and
(ii) it is not necessary to apply the
					 requirements of this section because the alternative requirements will protect
					 human health and the environment. The alternative standards for the regulated
					 unit must meet the requirements of section
					 373-2.6(l)(1) 
					 of this Part.