N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 373-2.14 - Secure landburial facilities

(a)Applicability.

The regulations in this section apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as section 373-2.1(a) of this Subpart provides otherwise.

(b)Site characteristics.

(1) The soil beneath the facility shall have a hydraulic conductivity of 10^-5 centimeter per second or less, as determined by in-situ hydraulic conductivity test methods, and shall be subject to the approval of the department.

(2) No waste shall be closer than 10 feet to an aquifer or bedrock.

(3) No facility shall be located over ground-water recharge areas serving public water supplies.

(4) Facilities shall be located at an elevation not less than five feet above a flood plain, unless provisions have been made to prevent the encroachment of flood waters.

(5) All fill areas or excavations shall terminate no closer than 50 feet from the boundary lines of the property on which the secure landburial facility is operated.

(6) The required horizontal separation between deposited hazardous waste and any surface waters shall be determined for each secure landburial facility by reference to soil attenuation characteristics, drainage and natural man-made barriers.

(c)Design and operating requirements.

(1) Any landfill that is not covered by paragraph (3) of this subdivision or section 373-3.14(j)(1) of this Part must have a liner system for all portions of the landfill (except for existing portions of such landfill). The liner system must have:

(i) a liner that is designed, constructed and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the landfill. The liner must be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The composition and thickness of the liner, and the hydraulic conductivity of any natural material required as part of the liner, shall be subject to the approval of the department. In no case shall the hydraulic conductivity of any approved liner consisting of natural material to be greater than 10^-7 centimeter per second. The liner must be:

(a) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation;

(b) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and

(c) installed to cover all surrounding earth likely to be in contact with the waste or leachate; and

(ii) a leachate collection and removal system immediately above the liner that is designed, constructed, maintained and operated to collect and remove leachate from the landfill. The commissioner will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The liner may include an uppermost layer designed to protect against damage during construction of that part of the liner materials that prevent wastes from passing into the liner. The leachate collection and removal system must be:

(a) constructed of materials that are:

(1) chemically resistant to the waste managed in the landfill and the leachate expected to be generated; and

(2) of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill; and

(b) designed and operated to function without clogging through the scheduled closure of the landfill.

(2) The owner or operator will be exempted from the requirements of paragraph (1) of this subdivision if the commissioner finds, based on a demonstration by the owner or operator, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see section 373-2.6[d] of this Subpart) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the commissioner will consider:

(i) the nature and quantity of the wastes;

(ii) the proposed alternate design and operation;

(iii) the hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and ground water or surface water; and

(iv) all other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.

(3) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners. Construction commences is as defined in section 370.2(b) of this Title under "existing facility."

(i)

(a) The liner system must include:

(1) a top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and

(2) a composite bottom liner, consisting of at least two components. The upper component must be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure period. The lower component must be designed and constructed if a breach in the upper component were to occur. The lower component must be constructed of at least three feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1 ×- 10^-7 cm/sec.

(b) The liners must comply with clauses (1)(i)(a), (b), and (c) of this subdivision.

(ii) The leachate collection and removal system immediately above the top liner must be designed, constructed, operated, and maintained to collect and remove leachate from the landfill during the active life and post-closure care period. The commissioner will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must comply with clauses (iii)(c) and (d) of this paragraph.

(iii) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by installation of a system that is, at a minimum:

(a) constructed with a bottom slope of one percent or more;

(b) constructed of granular drainage materials with a hydraulic conductivity of 1 ×- 10^-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3 ×- 10^-5 m²/sec or more;

(c) constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the landfill;

(d) designed and operated to minimize clogging during the active life and post-closure care period; and

(e) constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sumps(s). The design of each sump and removal system must provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.

(iv) The owner or operator shall collect and remove pumpable liquids into the leak detection system sumps to minimize the head on the bottom liner.

(v) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.

(4) The commissioner may approve alternate design or operating practices to those specified in paragraph (3) of this subdivision if the owner or operator demonstrates to the commissioner that such design and operating practices, together with location characteristics:

(i) will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in paragraph (3) of this subdivision; and

(ii) will allow detection of leaks of hazardous constituents through the top liner at least as effectively.

(5) The double liner requirement set forth in paragraph (3) of this subdivision may be waived by the commissioner for any monofill, if:

(i) the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in section 371.3(e) of this Title, with EPA hazardous waste numbers D004 through D017; and

(ii)

(a)

(1) the monofill has at least one liner for which there is no evidence that such liner is leaking;

(2) the monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in section 370.2[b] of this Title); and

(3) the monofill is in compliance with generally applicable ground-water monitoring requirements for facilities with Part 373 permits; or

(b) the owner or operator demonstrates that the monofill is located, designed and operated to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

(6) The owner or operator of any replacement landfill unit is exempt from paragraph (3) of this subdivision if:

(i) the existing unit was constructed in compliance with the design standards of section 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act (see section 370.1[e] of this Title); and

(ii) there is no reason to believe that the liner is not functioning as designed.

(7) The owner or operator must design, construct, operate and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.

(8) The owner or operator must design, construct, operate and maintain a runoff management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(9) Collection and holding facilities (e.g., tanks or basins) associated with run-on and runoff control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

(10) If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator must cover or otherwise manage the landfill to control wind dispersal.

(11) The commissioner will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this subdivision are satisfied.

(d)Double-lined landfills are not exempt from section 373-2.6 ground-water protection requirements.

(e)Monitoring and inspection.

(1) During construction or installation, liners and cover systems (e.g., membranes, sheets or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots or foreign materials). Immediately after construction or installation:

(i) synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures or blisters; and

(ii) soil-based and admixed liners and covers must be inspected for imperfections, including lenses, cracks, channels, root holes or other structural nonuniformities, that may cause an increase in the permeability of the liner or cover.

(2) While a landfill is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

(i) deterioration, malfunctions or improper operation of run-on and runoff control systems;

(ii) proper functioning of wind dispersal control systems, where present; and

(iii) the presence of leachate in and proper functioning of leachate collection and removal systems, where present.

(3)

(i) An owner or operator required to have a leak detection system under paragraph (c)(3) or (4) of this section must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

(ii) After the final cover is installed, the amount of liquid removed from each leak detection system sump must be recorded at least monthly. If the liquid level in any sump stays below its pump operating level for two consecutive months, the amount of liquid in the sump must be recorded at least quarterly. If the liquid level in the sump stays below its pump operating level for two consecutive quarters, the amount of liquid in the sump must be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of the amount of liquid removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.

(iii)Pump operating level is a liquid level proposed by the owner or operator and approved by the commissioner based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump.

(f)Surveying and recordkeeping.

The owner or operator of a landfill must maintain the following items in the operating record required under section 373-2.5(c) of this Subpart:

(1) on a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed bench marks; and

(2) the contents of each cell and the approximate location of each hazardous waste type within each cell.

(g)Closure and post-closure care.

(1) At final closure of the landfill or upon closure of any cell, the owner or operator must cover the landfill or cell with a final cover designed and constructed to:

(i) provide long-term minimization of migration of liquids through the closed landfill;

(ii) function with minimum maintenance;

(iii) promote drainage and minimize erosion or abrasion of the cover;

(iv) accommodate settling and subsidence so that the cover's integrity is maintained; and

(v) have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(2) After final closure, the owner or operator must comply with all post-closure requirements contained in section 373-2.7(g)-(j) of this Subpart, including maintenance and monitoring throughout the post-closure care period (specified in the permit under section 373-2.7[g]). The owner or operator must:

(i) maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion or other events;

(ii) maintain and monitor the leak detection system, in accordance with clause (c)(3)(iii)(d) and subparagraph (iv), and paragraph (e)(3) of this section, and comply with all other applicable leak detection system requirements of this Subpart;

(iii) continue to operate the leachate collection and removal system until leachate is no longer detected;

(iv) maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of section 373-2.6 of this Subpart;

(v) prevent run-on and runoff from eroding or otherwise damaging the final cover; and

(vi) protect and maintain surveyed bench marks used in complying with subdivision (f) of this section.

(3) During the post-closure care period, if liquid leaks into a leak detection system, the owner or operator must notify the commissioner of the leak, in writing, within seven days after detecting the leak. The commissioner will modify the permit to require compliance with the requirements of section 373-2.6 of this Subpart.

(h)Special requirements for ignitable or reactive waste.

(1) Except as provided in paragraph (2) of this subdivision, and in subdivision (l) of this section, ignitable or reactive waste must not be placed in a landfill, unless the waste and the landfill meet all applicable requirements of Part 376 of this Title, and:

(i) the resulting waste, mixture or dissolution of material no longer meets the definition of ignitable or reactive waste under section 371.3(b) or (d) of this Title; and

(ii) section 373-2.2(i)(2) of this Subpart is complied with.

(2) Except for prohibited wastes which remain subject to treatment standards in section 376.4 of this Title, ignitable wastes in containers may be landfilled without meeting the requirements of paragraph (1) of this subdivision, provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes must be disposed of in nonleaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture or any other condition that might cause ignition of the wastes; must be covered daily with soil or other noncombustible material to minimize the potential for ignition of the wastes; and must not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste.

(i)Special requirements for incompatible wastes.

Incompatible wastes, or incompatible wastes and materials (see Appendix 29 of this Title for examples), must not be placed in the same landfill cell, unless section 373-2.2(i)(2) of this Subpart is complied with.

(j)Special requirements for liquid waste.

(1) Bulk or noncontainerized liquid waste or waste containing free liquids (whether or not sorbents have been added) must not be placed in a landfill.

(2) Containers holding free liquids must not be placed in a landfill unless:

(i) all free-standing liquid:

(a) has been removed by decanting, or other methods;

(b) has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or

(c) has been otherwise eliminated; or

(ii) the container is very small, such as an ampule; or

(iii) the container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or

(iv) the container is a lab pack, as defined in subdivision (l) of this section, and is disposed of in accordance with subdivision (l) of this section.

(3) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," (EPA Publication No. SW-846 [see section 370.1(e) of this Title]).

(4) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in subparagraph (i) of this paragraph; materials that pass one of the tests in subparagraph (ii) of this paragraph; or materials that are determined by the department to be nonbiodegradable through the Part 370 petition process.

(i) Nonbiodegradable sorbents.

(a) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonire, kaolinite, micas [illite], vermiculites, zeolites; calcium carbonate [organic free limestone]; oxides/hydroxides, alumina, lime, silica [sand], diatomaceous earth; perlite [volcanic glass]; expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or

(b) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or

(c) Mixtures of these nonbiodegradable materials.

(ii) Tests for nonbiodegradable sorbents.

(a) The sorbent material is determined to be nonbiodegradable under ASTM Method G21-70 (1984a) - Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi (see section 370.1[e] of this Title).

(b) The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b) - Standard Practice for Determining Resistance of Plastics to Bacteria (see section 370.1[e] of this Title).

(c) The sorbent material is determined to be nonbiodegradable under OECD test 301B: (CO₂ Evolution [Modified Sturm Test]) as incorporated by reference in section 370.1(e) of this Title.

(k)Special requirements for containers.

Unless they are very small, such as an ampule, containers must be either:

(1) at least 90 percent full when placed in the landfill; or

(2) crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.

(l)Disposal of small containers of hazardous waste in overpacked drums (lab packs).

Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met:

(1) Hazardous waste must be packaged in nonleaking inside containers. The inside containers must be of a design and constructed of a material that will not react dangerously with, be decomposed by or be ignited by, the contained waste. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type specified in the Federal Department of Transportation (DOT) hazardous materials regulations ( 49 CFR parts 173, 178 and 179; see 6 NYCRR 370.1[e]), if those regulations specify a particular inside container for the waste.

(2) The inside containers must be overpacked in an open-head Federal DOT-specified metal shipping container ( 49 CFR parts 178 and 179; see 6 NYCRR 370.1[e]) of no more than 416-liter (110-gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with paragraph (j)(4) of this section to completely sorb all of the liquid contents of the inside containers. The metal outer container must be full after it has been packed with inside containers and sorbent material.

(3) The sorbent material used must not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers in accordance with section 373-2.2(i)(2) of this Subpart.

(4) Incompatible wastes, as defined in 6 NYCRR 370.2(b), must not be placed in the same outside container.

(5) Reactive wastes, other than cyanide or sulfide-bearing waste as defined in section 371.3(d)(1)(v) of this Title, must be treated or rendered nonreactive prior to packaging in accordance with paragraphs (1) through (4) of this subdivision. Cyanide and sulfide bearing reactive waste may be packed in accordance with paragraphs (1) through (4) of this subdivision without first being treated or rendered nonreactive.

(6) Such disposal is in compliance with the requirements of Part 376 of this Title.

(i) Persons who incinerate lab packs according to the requirements in section 376.4(c)(3)(i) of this Title may use fiber drums in place of metal outer containers. Such fiber drums must meet all USDOT specifications and be overpacked according to the requirements in paragraph (2) of this subdivision.

(m)Special requirements for hazardous wastes F020, F021, F022, F023, F026 and F027.

(1) Hazardous wastes F020, F021, F022, F023, F026 and F027 must not be placed in a landfill unless the owner or operator operates the landfill in accordance with a management plan for these wastes that is approved by the commissioner pursuant to the standards set out in this paragraph, and in accordance with all other applicable requirements of this Subpart. The factors to be considered are:

(i) the volume and the physical and chemical characteristics of the wastes, including their potential to migrate through the soil or to volatize or escape into the atmosphere;

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials codisposed with these wastes; and

(iv) the effectiveness of additional treatment, design or monitoring requirements.

(2) The commissioner may determine that additional design, operating and monitoring requirements are necessary for landfills managing hazardous wastes F020, F021, F022, F023, F026 and F027 to reduce the possibility of migration of these wastes to ground water, surface water or air to protect human health and the environment.

(n)Action leakage rate.

(1) The commissioner shall approve an action leakage rate for landfill units subject to paragraph (c)(3) or (4) of this section. The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must allow for decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(2) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under paragraph (e)(3) of this section, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under paragraph (e)(3) of this section.

(o)Response actions.

(1) The owner or operator of landfill units subject to paragraph (c)(3) or (4) of this section must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (2) of this subdivision.

(2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

(i) notify the commissioner in writing of the exceedance within seven days of the determination;

(ii) submit a preliminary written assessment to the commissioner within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;

(iii) determine to the extent practicable the location, size, and cause of any leak;

(iv) determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

(v) determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and

(vi) within 30 days after the notification that the action leakage rate has been exceeded, submit to the commissioner the results of the analyses specified in subparagraphs (iii), (iv), and (v) of this paragraph, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the commissioner a report summarizing the results of any remedial actions taken and actions planned.

(3) To make the leak and/or remediation determinations in subparagraphs (2)(iii), (iv), and (v) of this subdivision, the owner or operator must:

(i)

(a) assess the source of liquids and amounts of liquids by source;

(b) conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and

(c) assess the seriousness of any leaks in terms of potential for escaping into the environment; or

(ii) document why such assessments are not needed.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.14

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020