N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.14

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

Section 373-3.14 - Landfills

(a)Applicability.

The regulations in this section apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as section 373-3.1(a) of this Subpart provides otherwise. A waste pile used as a disposal facility is a landfill and is governed by this section.

(b)Action leakage rate.

(1) The owner or operator of landfill units subject to paragraph (j)(1) of this section must submit a proposed action leakage rate to the commissioner when submitting the notice required under paragraph (j)(2) of this section. Within 60 days of receipt of the notification, the commissioner will: establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this subdivision; or extend the review period for up to 30 days. If no action is taken by the commissioner before the original 60 or extended 90 day review period ends, the action leakage rate will be approved as proposed by the owner or operator.

(2) The commissioner shall approve an action leakage rate for landfill units subject to paragraph (j)(1) 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.).

(3) 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 subdivision (l) 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 post-closure care period when monthly monitoring is required under paragraph (l)(2) of this section.

(c)Surveying and recordkeeping.

The owner or operator of a landfill must maintain the following items in the operating record required under section 373-3.5(c) of this Subpart:

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

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

(d)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 to maintain the cover's integrity; 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 373-3.7(g) through (j) of this Subpart including maintenance and monitoring throughout the post-closure care period. The owner or operator must:

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

(ii) maintain and monitor the leak detection system in accordance with section 373-2.14(c)(3)(iii) (d) and (c)(3)(iv) of this Title, and paragraph (l)(2) of this section, and comply with all other applicable leak detection system requirements of this Subpart;

(iii) maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of section 373-3.6 of this Subpart;

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

(v) protect and maintain surveyed benchmarks used in complying with subdivision (c) of this section.

(e)Special requirements for ignitable or reactive waste.

(1) Except as provided in paragraph (2) of this subdivision, and in subdivision (i) of this section, ignitable or reactive waste must not be placed in a landfill, unless the waste and 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 373-3.2(h)(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 generate heat sufficient to cause ignition of the waste.

(f)Special requirements for incompatible wastes.

Incompatible wastes, or incompatible wastes and materials (see Appendix 29, infra, for examples) must not be placed in the same landfill cell, unless section 373-3.2(h)(2) of this Subpart is complied with.

(g)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 (i) of this section, and is disposed of in accordance with subdivision (i) 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 9095B (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in 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 montmorillonite, 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, polyurethane, 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); or

(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.

(h)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.

(i) 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 United States Department of Transportation (DOT) hazardous materials regulations (49 CFR parts 173, 178 and 179) (see section 370.1[e] of this Title), if those regulations specify a particular inside container for the waste.

(2) The inside containers must be overpacked in an open-head Federal DOT specification metal shipping container (49 CFR parts 178 and 179) (see section 370.1[e] of this Title) 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 (g)(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 373-3.2(h)(2) of this Subpart.

(4) Incompatible wastes, as defined in section 370.2(b) of this Title, 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 DOT specifications and be overpacked according to the requirements in paragraph (2) of this subdivision.

(j) Design and operating requirements.

(1) The owner or operator of each new landfill unit, each lateral expansion of a landfill unit, and each replacement of an existing landfill unit must install two or more liners and a leachate collection and removal system above and between the liners, and operate the leachate collection and removal systems, in accordance with section 373-2.14(c)(3) of this Part, unless excempted under section 373-2.14(c)(4), (5), or (6), of this Part.

(2) The owner or operator of each unit referred to in paragraph (1) of this subdivision must notify the commissioner at least 60 days before receiving waste. The owner or operator of each facility submitting notice must file a Part 373 permit aplication within six months of the commissioner's receipt of the notice.

(3) The owner or operator of any replacement landfill unit is exempt from paragraph (1) 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.

(4) The double liner requirement set forth in paragraph (1) of this subdivision may be waived by the commissioner for any monofill, if:

(i) the monofill contains only hazardous wastes from foundary furnace emission controls or metal casting molding sand, and the 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 a 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 so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

(5) In the case of any unit in which the liners and leachate collection system have been installed pursuant to the requirements of paragraph (1) of this subdivision, the commissioner, when issuing the first permit, will not require that a new liner and leachate collection system be installed, unless the commissioner has reason to believe the liner is leaking.

(6) 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.

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

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

(9) The owner or operator of a landfill containing hazardous waste which is subject to wind dispersal must cover or otherwise manage the landfills so that wind dispersal of the hazardous waste is controlled.

Note:

As required by section 373-3.2(d) of this Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (e), (f) and (g) of this section. As required by section 373-3.5(c) of this Subpart, the owner or operator must place the results of these analyses in the operating record of the facility.

(k)Response actions.

(1) The owner or operator of landfill units subject to paragraph (j)(1) of this section must develop and keep on-site, until a closure of the facility, a response action plan. 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 action 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 department 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 currtailed, 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 subparagraph (ii)-(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 action taken and actions planned.

(3) To make the leak and/or remediation determinations in subparagraphs (iii)-(v) of this paragraph, 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.

(l)Monitoring and inspection.

(1) An owner or operator required to have a leak detection system under paragraph (j)(1) 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.

(2) 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 at least 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.

(3) 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. The timing for submission and approval of the proposed pump operating level will be in accordance with paragraph (b)(1) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.14

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