N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-2.8

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

Section 375-2.8 - Remedial program

(a) The goal of the remedial program for a specific site is to restore that site to pre-disposal conditions, to the extent feasible. 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 and in a manner not inconsistent with the national oil and hazardous substances pollution contingency plan as set forth in section 105 of CERCLA, as amended as by SARA.

(b) Application of the soil cleanup objectives.

(1) The remedial party must utilize soil cleanup objectives that eliminate or mitigate the significant threat and 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 modify site specific soil cleanup objectives, as set forth at section 375-6.9 of this Part; or

(iii) propose site-specific soil cleanup objectives which are protective of public health and the environment based upon other information.

(2) The soil component of the remedial program will consider the soil cleanup objectives for unrestricted use, as set forth in Table 375-6.8(a) of this Part, as representative of pre-disposal conditions for remedial programs proceeding as set forth in subparagraph (1)(i) or (ii) of this subdivision, unless an impact to ecological resources has been identified.

(3) Cleanup objectives for other media. The threat to public health and the environment resulting from contamination in all other environmental media shall be evaluated in the development of remedial alternatives in the feasibility study to ensure that the remedial program meets the requirements of this subdivision and section 375-1.8 of this Part.

(c) Feasibility study.

(1) A feasibility study shall be conducted by the remedial party that develops and evaluates, using the factors in section 375-1.8(f) of this Part, alternatives for all contaminated media identified by the remedial investigation of the site.

(2) Where soil contamination above the unrestricted use soil cleanup objectives is identified by the remedial investigation, the feasibility study:

(i) shall develop and evaluate one or more alternatives that achieve the unrestricted use soil cleanup objectives for soil; and

(ii) may evaluate one or more alternatives that achieve a restricted use of the site which may be proposed by the remedial party. Where a restricted use is proposed, the feasibility study shall:

(a) develop and evaluate alternatives to achieve the restricted use proposed by the remedial party; and

(b) develop and evaluate other alternatives, if directed by the department, which will achieve the same use or a less restricted use of the site than that proposed by the remedial party.

(3) The department may approve a remedial program for soil that:

(i) utilizes different soil cleanup objectives between different areas of a site, provided such areas can be defined and described in the environmental easement and the necessary institutional and engineering controls can be effectively implemented, maintained, monitored and enforced through the site management plan;

(ii) considers site specific background concentrations, including the location of a site in areas of historic fill, in the development of the remedy; and/or

(iii) achieves a cleanup which is more stringent than the current, intended and reasonably anticipated future land uses of the site and its surroundings.

(4) The department shall select the remedy for the site from among the feasible alternatives:

(i) developed and evaluated by the feasibility study; or

(ii) developed by the department in addition to those presented by the feasibility study.

(d) Interim remedial measures. In the case of a site at which an interim remedial measure has been implemented, the department may determine, based on site-specific circumstances including post-implementation investigation and/or monitoring, that the interim remedial measure satisfies the goal of the remedial program for the site, where only continued implementation of the site management plan associated with the interim remedial measure or other engineering or institutional controls is required. In which event the department will propose the no further action alternative. Provided no other operable units remain for the site requiring action, the department may reclassify or delist the site according to section 375-2.7(d) or (e) of this Subpart.

(e) Remedy selection. The process of selecting a remedy shall be documented in a record of decision, which includes the information identified below.

(1) the location and a description of the site;

(2) a history of the operation of the site;

(3) the current environmental and public health status of the site;

(4) an enforcement history and current status of the site;

(5) The specific goals and objectives of the remedy selected for the site.

(6) a description and evaluation of the remedial alternatives considered, except in the case of no further action remedies;

(7) a summary of the basis for the department's decision;

(8) a list of the documents the department used in its decisionmaking; and

(9) a responsiveness summary.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-2.8