reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.11 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prohibitions.
(1) Except in the event of an emergency, in
					 which event the remedial party shall comply with section
					 375-1.5(b)(1) 
					 of this Part, no person shall undertake at a site listed in the Registry any
					 physical alteration that constitutes storage, treatment, or disposal of any
					 contaminant which served as the basis for such listing, unless such conduct:
(i) is exempted under section
					 373-1.1(d) 
					 of this Title or permitted under Part 373 of this Title, including corrective
					 action under section
					 373-2.19 
					 of this Title;
(ii) to provide for
					 corrective actions at a treatment, storage or disposal facility pursuant to
					 section
					 373-2.19 
					 of this Title; or
(iii) is done with
					 the express written approval of the department granted either by order or in such
					 other manner as the commissioner shall direct.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.1 - Purpose; applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to the development and implementation
						of remedial programs for brownfield sites pursuant to ECL 27-1401, et seq. This
						Subpart addresses requirements in addition to those requirements identified in
						Subpart 375-1 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following terms have the
						following meanings:
(a) Affordable
					 housing project" means, for purposes of this part, title fourteen of article
					 twenty seven of the environmental conservation law and section twenty one  of the
					 tax law only, a project that is developed for residential use or mixed
					 residential use that must include affordable residential rental units and/or
					 affordable home ownership units.
(1)
					 Affordable residential rental projects under this subdivision must be subject to
					 a federal, state, or local government housing agency's affordable housing
					 program, or a local government's regulatory agreement or legally binding
					 restriction, which defines (i) a percentage of the residential rental units in
					 the affordable housing project to be dedicated to (ii) tenants at a defined
					 maximum percentage of the area median income based on the occupants' households
					 annual gross income.
(2) Affordable
					 home ownership projects under this subdivision must be subject to a federal,
					 state, or local government housing agency's affordable housing program, or a
					 local government's regulatory agreement or legally binding restriction, which
					 sets affordable units aside for home owners at a defined maximum percentage of
					 the area median income.
(3) "Area
					 median income" means, for purposes of this subdivision, the area median income
					 for the primary metropolitan statistical area, or for the county if located
					 outside a metropolitan statistical area, as determined by the United States
					 department of housing and urban development, or its successor, for a family of
					 four, as adjusted for family size.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Eligible sites. Any real property that meets the requirements of a brownfield
					 site as defined in ECL article 27, title 14.
(1) In determining eligibility, the department
					 shall consider only contamination from on-site sources.
(2) In determining eligibility, the department
					 shall not consider:
(i) contamination of
					 structures located at the site, due to stored materials, electrical
					 appurtenances, lead paint or asbestos, etc.; or
(ii) material not constituting a contaminant as
					 defined in section
					 375-1.2(g) 
					 of this Part (e.g., construction and demolition debris, abandoned consumer goods
					 or other solid waste present on the site).
(3) In determining eligibility, the department
					 may:
(i) determine that contiguous properties
					 or parcels, or only a portion of any proposed site, meets the statutory
					 definition of brownfield site, and may approve contiguous properties or parcels
					 or only a portion of a site for participation in the Brownfield Cleanup
					 Program;
(ii) request performance of
					 a subsurface investigation (commonly referred to as a Phase II) in accordance
					 with current applicable industry standards and guidance if the department is
					 unable to determine whether the site is a brownfield site based upon the
					 information contained in the application.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.4 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
					 contents.
(1) Applications to participate in
					 the Brownfield Cleanup Program shall be submitted to the department in such form
					 and manner, and containing such information as the department may
					 require.
(2) Applications, including
					 attachments, must be submitted both in hard copy and electronically.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.5 - Brownsfield site cleanup agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 addition to such further terms and conditions as the department may require in
					 the brownfield site cleanup agreement, the brownfield site cleanup agreement
					 shall include the description of the site boundaries and be deemed to include,
					 and the applicant shall comply with, all of the provisions set forth in section
					 375-1.5(b) 
					 of this Part and the following:
(1)
					 Indemnification. Unless otherwise approved by the department, a remedial party
					 shall indemnify and hold the State, the trustee of the State's natural resources,
					 and their representatives and employees harmless from any claim, suit, action,
					 and cost of every name and description arising out of or resulting from the
					 fulfillment or attempted fulfillment of the brownfield site cleanup agreement
					 except for those claims, suits, actions, and costs arising from the gross
					 negligence or willful or intentional misconduct by the State of New York, and/or
					 its representatives and employees during the course of any activities conducted
					 pursuant to the remedial program. The department shall provide written notice no
					 less than 30 days prior to commencing a lawsuit seeking
					 indemnification.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.6 - Work plans and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 provisions set forth in section
					 375-1.6  of
					 this Part shall apply to remedial programs implemented under this
					 Subpart.
(b) The department shall use
					 all best efforts to expeditiously approve, modify, or reject a proposed work plan
					 within 45 days from its receipt or within 15 days of the close of the comment
					 period, whichever is later.
(c) The
					 first work plan shall be submitted no later than 30 days after the effective date
					 of the brownfield site cleanup agreement.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.7 - Significant threat and registry determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Significant threat.
(1) No later than 20 days after approval of the
					 remedial investigation report, the department shall determine if the site
					 constitutes a significant threat to public health or the environment.
(2) In evaluating whether the presence of
					 contamination at a site constitutes a significant threat, the department shall
					 consider the criteria outlined in section
					 375-2.7(a) 
					 of this Part. In considering the criteria, the department shall evaluate the
					 threat posed by both hazardous waste and petroleum at the site.
(3) Notice of the department's determination
					 shall be published by the applicant, as a fact sheet issued to the site contact
					 list in accordance with section
					 375-3.10  of
					 this Subpart. Sites that have been determined by the department to constitute a
					 significant threat:
(i) may be the subject of a
					 technical assistance grant in accordance with section
					 375-3.10(c) 
					 of this Subpart; and
(ii) must be
					 remediated pursuant to a remedy selected by the department from a
					 department-approved alternatives analysis prepared by the applicant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.8 - Remedial program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The remedy
					 shall be fully protective of public health and the environment including, but not
					 limited to, groundwater according to its classification pursuant to ECL 17-0301,
					 drinking water, surface water and air (including indoor air), sensitive
					 populations, including children and ecological resources, including fish and
					 wildlife. In addition, a remedy will be selected upon consideration of the
					 following:
(1) a remedial program that achieves
					 a permanent cleanup of a contaminated site, including the restoration of
					 groundwater to its classified use, is preferred over a remedial program that does
					 not do so;
(2) the selection of a
					 remedy will take into account the current, intended, and reasonably anticipated
					 future land uses of the site and its surroundings; and
(3) the risk presented by residual
					 contamination as defined at ECL 27- 1405.28 at a site shall not exceed an excess
					 cancer risk of one in one million for carcinogenic end points and a hazard index
					 of one for non-cancer end points, except:
(i)
					 for remedies developed in accordance with paragraph (e)(4) of this section, with
					 a cleanup level which exceeds the parameters in this paragraph, the remedial
					 party must demonstrate that such level would be protective of public health and
					 the environment. This demonstration must be included in the alternatives analysis
					 developed in accordance with subdivision (f) of this section; and
(ii) a cleanup level which exceeds the
					 parameters in this paragraph, may be approved by the department under paragraph
					 (e)(4) of this section, without requiring the use of institutional or engineering
					 controls to eliminate exposure only upon a site-specific finding by the
					 commissioner, in consultation with the State Commissioner of Health, that such
					 level shall be protective of public health and the environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.9 - Certificate of completion

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Notwithstanding the provisions for issuance of a certificate of completion set
					 forth in section
					 375-1.9 
					 of this Part, the department shall not issue a certificate if the applicant is
					 identified as subject to an outstanding claim by the New York Environmental
					 Protection and Spill Compensation Fund under article 12 of the Navigation Law for
					 the brownfield site, as set forth at section
					 375-3.4(b)(4)(ii) 
					 of this Subpart.
(b) Liability
					 limitation. Subsequent to the issuance of a certificate of completion, the
					 applicant shall be entitled to the liability limitation protections set forth at
					 ECL 27-1421, subject to the terms and conditions stated therein.
(c) Liability limitation reopener provisions.
(1) If the department seeks to exercise its
					 rights reserved pursuant to ECL 27-1421(2), it shall provide notice to the
					 certificate holder, as set forth in section
					 375-1.9(e) 
					 of this Part.
(2) The certificate
					 holder shall have 30 days after the effective date of the notice within which to
					 cure the deficiency or seek dispute resolution. If the certificate holder or
					 current title owner does not cure the deficiency or seek dispute resolution
					 within such 30-day period, the liability protections shall be deemed modified or
					 vacated 31 days after the effective date of the department's notice.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.10 - Citizen participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the department's determination that an application is complete:
(1) a notification of the commencement of a 30-day comment period on the request to participate must be placed in the Environmental Notice Bulletin by the department; and
(2) newspaper notices, as defined in ECL 27-1405(22), must be prepared by the requestor and, subject to department review and approval, published in a local newspaper and mailed to the brownfield site contact list.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-3 - Brownfield Cleanup Program › Section 375-3.11 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prohibitions. No
					 person to whom a request has been made pursuant to ECL 27-1431 shall fail to
					 comply therewith.
(b) State
					 Environmental Quality Review Act applicability.
(1) Remedy selection and implementation of
					 remedial actions under department-approved work plans pursuant to ECL article 27,
					 title 14 are not subject to review pursuant to ECL article 8 and its implementing
					 regulation (6 NYCRR Part 617), provided that design and implementation of the
					 remedy do not:
(i) commit the department or any
					 other agency to specific future uses or actions; and
(ii) prevent evaluation of a reasonable range
					 of alternative future uses of or actions on the remedial site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.1 - Purpose; applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to the development and implementation
						of remedial programs for environmental restoration projects pursuant to ECL
						56-0501 et seq. This Subpart addresses requirements in addition to those
						requirements identified in Subpart 375-1 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible site. A
					 site is eligible if all of the following apply:
(1) It is not listed in the Registry as a class
					 "1" or "2" site at the time of application.
(2) It is owned by the municipality. A
					 municipality is considered to own the site for purposes of applying for State
					 assistance under this Subpart if:
(i) the
					 municipality owns the site;
(ii) the
					 municipality jointly owns a site with a not-for-profit corporation as defined at
					 N PCL 102.a(5) or an authorized foreign not-for-profit corporation as defined at
					 N PCL 102 (a)(7); or
(iii) for an
					 investigation application, the municipality has been obtained, prior to the
					 department's execution of the State assistance contract, an order granting
					 temporary incidents of ownership to the municipality.
(3) The site contamination is attributable to
					 an on-site source.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.4 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
					 submittal.
(1) Applications shall be submitted
					 to the department in such form and manner, and containing such information as the
					 department may require. An application:
(i) may
					 be submitted for either an investigation or a remediation project; and
(ii) the form, including all attachments, must
					 be submitted both in hard copy and in an electronic format acceptable to the
					 department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.7 - Significant threat and registry determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Registry determinations.
(1) In accordance with section
					 375-2.7(c) 
					 of this Part, the department may defer its assessment or reassessment of a site's
					 classification or reclassification in the Registry if good faith negotiations are
					 ongoing to enter into a State assistance contract and, following its execution,
					 the municipality is in compliance with the terms of such contract.
(2) The department shall assess or reassess
					 such site upon termination of the State assistance contract.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.8 - Remedial program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A restoration
					 investigation project includes the remedial investigation, the alternatives
					 analysis report and the department record of decision. The municipality must
					 implement the department-approved remedial investigation work plan, and any
					 revisions thereto.
(b) The goal of
					 the program for a specific site is to select a remedy that is protective of
					 public health and the environment, including, but not limited to, groundwater
					 according to its classification pursuant to ECL 17-0301, drinking water, surface
					 water and air (including indoor air), sensitive populations, including children
					 and ecological resources, including fish and wildlife. At a minimum, the remedy
					 selected shall eliminate or mitigate all significant threats to the public health
					 and to the environment presented by contaminants disposed at the site through the
					 proper application of scientific and engineering principles.
(c) Application of the soil cleanup objectives.
(1) The remedial program for soils at a site
					 must utilize soil cleanup objectives that are protective of public health and the
					 environment. The remedial party, subject to department approval, may:
(i) utilize the soil cleanup objectives, as set
					 forth in section
					 375-6.8 
					 of this Part;
(ii) develop or
					 modification of site specific soil cleanup objectives, as set forth in section
					 375-6.9 
					 of this Part; or
(iii) propose
					 site-specific soil cleanup objectives which are protective of public health and
					 the environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.9 - Certificate of completion

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Liability protections and benefits. Liability protections and benefits. The
					 municipality shall be entitled to the liability protections and benefits set
					 forth at ECL 56-0509 upon approval of the municipality's application by the
					 department, subject to:
(1) The terms and
					 conditions stated therein;
(2) The
					 timely receipt of a certificate of completion; and
(3) Compliance with all other statutory and
					 regulatory requirements of the program.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.10 - Citizen participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 department will require that opportunities for public involvement be included in
					 the development and implementation of an environmental restoration
					 project.
(b) The department will
					 communicate with and solicit the views of all interested parties. To accomplish
					 this, at the appropriate time, the department will require a municipality to, at
					 a minimum:
(1) mail to the site contact list a
					 notice and brief analysis of the remedy that the department proposes to be
					 undertaken at such site, which includes sufficient information to provide a
					 reasonable explanation of that proposed remedy, including but not limited to, a
					 summary of the department's reasons for preferring it over other alternatives
					 considered and of the construction and site management requirements of that
					 proposal; and
(2) provide a 45-day
					 period for submission of written comments and, if significant substantive issues
					 on the proposed remedial action plan are raised, an opportunity for submission of
					 oral comments at a public meeting near the site. The department shall summarize
					 the comments received and make the summary available to the public.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-4 - Environmental Restoration Program › Section 375-4.11 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prohibitions. No
					 person to whom a request has been made set forth in ECL 56-0515 shall fail to
					 comply therewith.
(b) State
					 Environmental Quality Review Act Applicability.
(1) Remedy selection and implementation of
					 remedial actions under department approved work plans set forth in ECL article
					 56, title 5 are not subject to review set forth in ECL article 8 and its
					 implementing regulation (6 NYCRR Part 617), provided that design and
					 implementation of the remedy do not:
(i) commit
					 the department or any other agency to specific future uses or actions;
					 and
(ii) prevent evaluation of a
					 reasonable range of alternative future uses of or actions on the remediation
					 site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-6 - REMEDIAL PROGRAM SOIL CLEANUP OBJECTIVES › Section 375-6.1 - Purpose; applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
					 Subpart applies to the development and implementation of the remedial programs
					 for soil and other media set forth in Subparts 375-2 through 375-4 of this
					 Part.
(b) This Subpart includes the
					 soil cleanup objective tables developed pursuant to ECL 27-1415(6).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-6 - REMEDIAL PROGRAM SOIL CLEANUP OBJECTIVES › Section 375-6.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contract required
					 quantitation limit or CROL means the minimum level of quantitation acceptable for
					 department analytical services contracts. The value represents minimum
					 quantitation limits, not absolute detection limits. The minimum quantitation
					 limit is the lowest level at which the analytical instrument can determine the
					 concentration of a chemical that exists in the sample. The detection limit is the
					 minimum level at which the analytical instrument can confirm the presence of the
					 chemical in the sample. At the detection limit, the analytical instrument can
					 confirm that there is some amount of the chemical in the sample but can not
					 determine the concentration that exists with certainty.
(b) Technical support document means the New
					 York State Brownfield Cleanup Program Development of Soil Cleanup Objectives
					 Technical Support Document dated September 2006, which is the document that
					 presents the assumptions, rationale, algorithms and calculations utilized by the
					 department and the New York State Department of Health to develop the soil
					 cleanup objectives in ECL 27- 1415(6).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-6 - REMEDIAL PROGRAM SOIL CLEANUP OBJECTIVES › Section 375-6.3 - Unrestricted use soil cleanup objectives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. The unrestricted use soil
					 cleanup objectives represent the concentration of a contaminant in soil which,
					 when achieved at a site, will require no use restrictions on the site for the
					 protection of public health, groundwater and ecological resources due to the
					 presence of contaminants in the soil.
(b) Soil cleanup objectives.
(1) The calculated values for the protection of
					 groundwater, ecological resources and public health were considered in developing
					 the unrestricted use soil cleanup objectives. The unrestricted soil cleanup
					 objectives in Table 375- 6.8(a) of this Subpart represent the lowest of the three
					 values for protection of groundwater, ecological resources and public health
					 developed as set forth in ECL 27-1415(6).
(2) Unrestricted use, as set forth in section
					 375-1.8(g)(1)(i) 
					 of this Part, is achieved when a remedial program for soil meets the unrestricted
					 use soil cleanup objectives in Table 375-6.8(a) of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-6 - REMEDIAL PROGRAM SOIL CLEANUP OBJECTIVES › Section 375-6.4 - Restricted use soil cleanup objectives for the protection of public health

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. A
					 protection of public health soil cleanup objective is applicable for the
					 protection of public health at every restricted use site where contamination has
					 been identified in soil above the residential use soil cleanup objectives for a
					 compound included in Table 375-6.8(b) of this Subpart, and the department has
					 determined that remediation is required to protect public health.
(b) Soil cleanup objectives. Protection of
					 public health soil cleanup objectives have been developed for:
(1) Residential use, as set forth in section
					 375-1.8(g)(2)(i) 
					 of this Part. The residential use soil cleanup objectives are presented in the
					 protection of public health-residential use column of Table 375-6.8(b) of this
					 Subpart.
(2) Restricted-residential
					 use, as set forth in section
					 375-1.8(g)(2)(ii) 
					 of this Part. The restricted- residential use soil cleanup objectives are
					 presented in the protection of public health, restricted-residential use column
					 of Table 375-6.8(b) of this Subpart.
(3) Commercial use, as set forth in section
					 375-1.8(g)(2)(iii) 
					 of this Part. The commercial use soil cleanup objectives are presented in the
					 protection of public health-commercial use column of Table 375-6.8(b) of this
					 Subpart.
(4) Industrial use, as set
					 forth in section
					 375-1.8(g)(2)(iv) 
					 of this Subpart. The industrial use soil cleanup objectives are presented in the
					 protection of public health-industrial use column of Table 375-6.8(b) of this
					 Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-6 - REMEDIAL PROGRAM SOIL CLEANUP OBJECTIVES › Section 375-6.5 - Soil cleanup objectives for the protection of groundwater

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. Except as provided in
					 paragraphs (1) and (2) of this subdivision, the protection of groundwater soil
					 cleanup objectives are applicable at restricted use sites where contamination has
					 been identified in on-site soil by the remedial investigation and groundwater
					 standards are, or are threatened to be, contravened by the presence of soil
					 contamination at concentrations above the protection of groundwater soil cleanup
					 objectives.
(1) The protection of groundwater
					 soil cleanup objectives may not be applicable where:
(i) the groundwater standard contravention is
					 the result of an on-site source which is addressed by the remedial
					 program;
(ii) an environmental
					 easement will be put in place which provides for a groundwater use restriction on
					 the site as set forth in section
					 375-1.8(h)(2) 
					 of this Part;
(iii) the department
					 determines that contaminated groundwater at the site:
(a) is not migrating, or likely to migrate,
					 off-site; or
(b) is migrating, or is
					 likely to migrate, off-site, however, the remedy includes controls or treatment
					 to address off-site migration; and
(iv) the department determines the groundwater
					 quality will improve over time.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-6 - REMEDIAL PROGRAM SOIL CLEANUP OBJECTIVES › Section 375-6.6 - Soil cleanup objectives for the protection of ecological resources

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
					 The soil cleanup objectives for protection of ecological resources must be
					 considered and applied as set forth in this section for the upland soils at sites
					 where terrestrial flora and fauna and the habitats that support them are
					 identified.
(1) Protection of ecological
					 resources soil cleanup objectives apply to sites or portions of sites where the
					 department determines:
(i) ecological resources
					 at or adjacent to a site, as set forth in subdivision (b) of this section:
(a) are present, or will be present under the
					 reasonably anticipated future use of the site; and
(b) constitute an important component of the
					 environment at, or in the vicinity of, the site;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-6 - REMEDIAL PROGRAM SOIL CLEANUP OBJECTIVES › Section 375-6.7 - Other considerations and media

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Soil vapor and vapor intrusion.
(1) The soil cleanup objectives presented in
					 this Subpart do not account for the impact of concentrations of contaminants in
					 soil relative to soil vapor or vapor intrusion attributable to a remedial
					 site.
(2) The nature and extent of
					 any contamination of the soil vapor media, if present at the site, will be
					 evaluated by the remedial investigation.
(3) The remedy will be protective for soil
					 vapor and vapor intrusion and shall address through appropriate removal or
					 engineering controls the migration of contaminants in soil and groundwater at
					 levels which could impact the indoor air of buildings.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-6 - REMEDIAL PROGRAM SOIL CLEANUP OBJECTIVES › Section 375-6.9 - Development or modification of soil cleanup objectives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. This section identifies when
					 and the procedures under which a contaminant-specific soil cleanup objective may
					 be developed or modified.
(1) Soil cleanup
					 objectives for contaminants not included in Tables 375-6.8(a) and (b) of this
					 Subpart may be developed by the remedial party or required by the
					 department.
(2) Soil cleanup
					 objectives for contaminants included in Tables 375-6.8(a) and (b) of this
					 Subpart, may be modified based on site-specific data if desired by the remedial
					 party; as set forth in:
(i) Subpart 375-3 for
					 Tracks 3 or 4, as set forth in section
					 375-3.8(e)(3) or
					 (4), respectively of this Part; or
(ii) Subparts 375-2 and 375-4 of this Part, as
					 set forth in section 375- 2.8(b)(1)(iii) and 375-4.8(c)(1)(iii) of this
					 Part.
(3) Protection of
					 ecological resources soil cleanup objectives were not developed for certain
					 contaminants, which are identified in Table 375-6.8(b) of this Subpart as "NS".
					 Where such contaminants:
(i) appear in Table
					 375-6.8(a), the applicant may be required by the department to calculate a
					 protection of ecological resources soil cleanup objective for the contaminant for
					 use in Track 1 and apply such soil cleanup objective where it is lower than the
					 soil cleanup objective set forth in Table 375-6.8(a) of this Subpart;
					 or
(ii) are identified as impacting
					 or threatening an ecological resource for a restricted use remedial program the
					 department may require a protection of ecological resources soil cleanup
					 objective be developed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 376 - LAND DISPOSAL RESTRICTIONS › Section 376.2 - Identification of hazardous wastes restricted from land disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Hazardous wastes restricted from
				  land disposal:
(1) hazardous wastes
				  listed or identified in this Part or Part 371 of this Title; and
(2) wastes identified as hazardous based on
				  characteristic alone (
i.e.,
corrosivity, reactivity,
				  ignitability, and toxicity characteristic leaching procedure [TLCP]).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 376 - LAND DISPOSAL RESTRICTIONS › Section 376.3 - Prohibitions on land disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Waste specific prohibitions-wood preserving wastes.
(1) The following wastes are prohibited from
				  land disposal: the wastes specified in Part 371 of this Title, as EPA hazardous
				  waste numbers F032, F034, and F035.
(2) Effective May 12, 1999, the following
				  wastes are prohibited from land disposal: soil and debris contaminated with F032,
				  F034, F035; and radioactive wastes mixed with EPA hazardous waste numbers F032,
				  F034, and F035.
(3) Between May 12,
				  1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035; and
				  radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill
				  or surface impoundment only if such unit is in compliance with the requirements
				  specified in section
				  376.1(e)(8)(ii) 
				  of this Part.
(4) The requirements of
				  paragraphs (1) and (2) of this subdivision do not apply if:
(i) the wastes meet the applicable treatment
				  standards specified in section
				  376.4  of this
				  Part;
(ii) persons have been granted
				  an exemption from a prohibition pursuant to a petition under section
				  376.1(f) 
				  of this Part, with respect to those wastes and units covered by the
				  petition;
(iii) the wastes meet the
				  applicable alternate treatment standards established pursuant to a petition
				  granted under section
				  376.4(e) 
				  of this Part; or
(iv) persons have
				  been granted an extension to the effective date of a prohibition pursuant to
				  section
				  376.1(e) 
				  of this Part, with respect to those wastes covered by the extension.
(5) To determine whether a hazardous
				  waste identified in this subdivision exceeds the applicable treatment standards
				  specified in section
				  376.4(a) 
				  of this Part, the initial generator must test a sample of the waste extract or
				  the entire waste, depending on whether the treatment standards are expressed as
				  concentrations in the waste extract or the waste, or the generator may use
				  knowledge of the waste. If the waste contains constituents in excess of the
				  applicable universal treatment standard levels of section
				  376.4(j) 
				  of this Part, the waste is prohibited from land disposal, and all requirements of
				  this Part are applicable, except as otherwise specified.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 376 - LAND DISPOSAL RESTRICTIONS › Section 376.4 - Treatment standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability of treatment standards.
(1) A prohibited waste identified in the table
				  "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets
				  the requirements found in the table. For each waste, the table identifies one of
				  three types of treatment standard requirements:
(i) all hazardous constituents in the waste or
				  in the treatment residue must be at or below the values found in the table for
				  that waste ("total waste standards"); or
(ii) the hazardous constituents in the extract
				  of the waste or in the extract of the treatment residue must be at or below the
				  values found in the table ("waste extract standards"); or
(iii) the waste must be treated using the
				  technology specified in the table ("technology standard"), which are described in
				  detail in subdivision (c) of this section, Table 1-Technology Codes and
				  Description of Technology-Based Standards.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 376 - LAND DISPOSAL RESTRICTIONS › Section 376.5 - Prohibitions on storage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Prohibitions on storage of restricted wastes.
(1) Except as provided in this section, the
				  storage of hazardous wastes restricted from land disposal under section
				  376.3 
				  of this Part or RCRA section 3004 is prohibited, unless the following conditions
				  are met:
(i) A generator stores such waste in
				  tanks, containers, or containment buildings on-site solely for the purpose of the
				  accumulation of such quantities of hazardous waste as necessary to facilitate
				  proper recovery, treatment, or disposal and the generator complies with all
				  storage requirements of Part 372, Subparts 373-1, 373-2, and 373-3 of this
				  Title.
(ii) An owner/operator of a
				  hazardous waste treatment, storage, or disposal facility stores such wastes in
				  tanks, containers, or containment buildings solely for the purpose of the
				  accumulation of such quantities of hazardous waste as necessary to facilitate
				  proper recovery, treatment or disposal and:
(a)
				  each container or tank is clearly marked to identify its contents and the date
				  each period of accumulation begins; and:
(b) an owner/operator must maintain in the
				  operating record of the facility the contents and beginning accumulation date for
				  each tank and container, and must comply with all operating record requirements
				  of sections
				  373-2.5(c)
				 and
				  373-3.5(c) 
				  of this Title.
(iii) A
				  transporter stores manifested shipments of such wastes at a transfer facility for
				  10 days or less.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 377 - Siting of Industrial Hazardous Waste Facilities › Section 377.2 - Certificate and permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall initiate
				  construction or operation of a new industrial hazardous waste facility without a
				  certificate unless the proposed facility is exempted pursuant to subdivision
				  377.1(f)  of this
				  Part.
(b) No person who has received
				  a certificate shall be relieved of the obligation to comply with any other
				  provisions of this Title relating to the construction and operation of industrial
				  hazardous waste facilities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 377 - Siting of Industrial Hazardous Waste Facilities › Section 377.3 - Certificate and permit application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 15
				  calendar days after receipt by the department of an application for the
				  construction and operation of a new industrial hazardous waste facility pursuant
				  to Part 360 or to any other Part of this Title, the department shall determine
				  whether a certificate is required or whether additional information will be
				  needed from the applicant, before the department can determine whether a
				  certificate is required. If additional information is required, the department
				  shall so notify the applicant in writing, specifying the information needed. The
				  submission of such additional information shall commence a new 15-calendar-day
				  period for determination of the need for a certificate.
(b) Prior to a determination by the department
				  pursuant to Part 617 of this Title that the construction and/or operation of a
				  new industrial hazardous waste facility will not have a significant environmental
				  impact, the department shall publish a notice of intent to determine
				  nonsignificance in the
Environmental Notice Bulletin.
The
				  department shall not determine whether the construction and/or operation of the
				  proposed facility will have a significant environmental impact for at least two
				  weeks after such notice appears in the
Environmental Notice
				  Bulletin.
In making such determination the department shall take into
				  account any public comments received concerning the proposed determination of
				  nonsignificance. Whenever the department publishes a notice of intent to
				  determine nonsignificance, the time period specified herein for the department's
				  determination of completeness of a certificate application shall be suspended
				  pending the determination of environmental significance.
(c) If the proposed facility does not require a
				  certificate, the department shall so notify the applicant in writing and shall
				  process the permit application in accordance with Parts 617, 621, 624 and any
				  other relevant Parts of this Title.
(d) If the proposed facility requires a
				  certificate, the department shall so notify the applicant in writing. The written
				  notice shall state that:
(1) a complete
				  certificate application as set forth in subdivision (e) of this section must be
				  submitted to the department; and
(2)
				  the department shall be designated lead agency for purposes of the State
				  Environmental Quality Review Act (ECL article 8) unless the department and the
				  board, acting through majority vote, mutually agree otherwise.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 377 - Siting of Industrial Hazardous Waste Facilities › Section 377.5 - Department action

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall act upon all permit applications within
					 the time periods set forth in Parts 621 and 624 of this Title. If the board
					 denies the certificate before the department takes action on any permit
					 application(s), all such permit applications shall be deemed
					 denied.