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 363-9 - CLOSURE, POST-CLOSURE, AND CUSTODIAL CARE › Section 363-9.6 - Post-closure care & custodial care

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Post-closure care. A facility's post-closure care period continues until the
					 owner or operator can demonstrate to the department's satisfaction that the
					 threat to public health and the environment has been reduced to a level where
					 environmental monitoring and maintenance can be reduced.
(1) Operating requirements. In lieu of the
					 operating requirements set forth in section
					 360.19  of this Title, all closed
					 landfills regulated under this Part which are within their post-closure care
					 period must conform to the operation requirements in this section, unless
					 otherwise approved by the Department based on unique circumstances associated
					 with the landfill.
(i) Maintenance of all
					 slopes, vegetation, drainage structures, gas venting structures, access roads,
					 fencing and gates is required.
(ii)
					 Maintenance of the integrity and effectiveness of any final cover, including
					 making repairs to the cover as necessary to correct the effects of settlement,
					 subsidence, erosion, or other events, and preventing run-on and run-off from
					 eroding or otherwise damaging the final cover.
(iii) Vegetative cover must be established on
					 all final cover areas within four months after placement. If this cannot be
					 achieved due to seasonal constraints, measures must be taken to ensure the
					 integrity of the final cover system until the establishment of vegetative cover.
					 Throughout the post-closure care period, the vegetative cover must be maintained
					 and must be mowed at least once a year, unless otherwise approved by the
					 department.
(iv) Environmental and
					 facility monitoring points, including gas monitoring points, must be maintained
					 and sampled. This must include:
(a)
					 post-closure explosive gas monitoring to determine if the facility meets the
					 requirements of subdivision
					 363-7.1(e)  of this
					 Part at least quarterly for a minimum period of five years. After this five-year
					 period, the permittee may request that the department modify the sampling and
					 analysis requirements. If post-closure explosive gas monitoring indicates
					 explosive gas levels exceed the requirements of subdivision
					 363-7.1(e)  of this
					 Part, appropriate actions must be taken and the department must be notified
					 within 24 hours;
(b) annual baseline
					 and quarterly routine monitoring as described in section
					 363-4.6  of this Part must be
					 performed on groundwater, surface water, and leachate samples for the duration of
					 the post-closure period. The owner or operator may petition the department for a
					 reduction in monitoring frequency after five years of post-closure monitoring;
					 and
(c) a description of type and
					 location of sampling, sample preservation methodology, a well condition survey,
					 and recordkeeping and reporting requirements for all environmental monitoring
					 activities.
(v) The
					 leachate collection system must be maintained and operated in accordance with
					 section 363-7.1(f) and (g) 
					 of this Part. Leachate management activities include proper maintenance of all
					 leachate controls, recording of the total volume of leachate stored at and
					 removed from the facility, evaluation of liner performance, and leachate sampling
					 and analysis.
(vi) Any installed
					 active landfill gas collection system must be maintained and operated in
					 accordance with section
					 363-7.1(e).
(vii) Quarterly inspections and inspections
					 after seismic events of sufficient intensity which may adversely affect the
					 integrity of the final cover system and major rainfall events (all 24-hour,
					 five-year storms) must be performed on all facility components during the
					 post-closure care period.
(viii) Any
					 end use of the property must not disturb the integrity of the final cover,
					 liners, any other components of the containment system, or the function of the
					 monitoring or environmental control systems.
(ix) An annual report must be submitted as
					 required by section
					 360.19  of this Title, and must
					 include the results of maintenance, monitoring, quarterly inspections, and
					 inspections after seismic events of sufficient intensity which may adversely
					 affect the integrity of the final cover system and major rainfall events required
					 in this subdivision.
(x) A report
					 that includes all sampling and analysis results for all environmental and
					 facility monitoring must be submitted at a frequency specified in subparagraph
					 (iv) of this paragraph.
(xi) The
					 landfill must maintain financial assurance in an amount sufficient to cover the
					 cost of post-closure care, custodial care, and corrective measures, if required,
					 as specified by this Subpart and section
					 360.22  of this Title.