N.Y. Comp. Codes R. & Regs. tit. 6 § 383-4.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 383-4.5 - Standards for permit modification for facility closure

The department will modify the permit to authorize closure as proposed by the applicant or as revised by the department upon a finding that:

(a) the closure of the facility will not constitute an unreasonable risk to the health and safety of the public and to the environment;

(b) the closure plan, the plan for post-closure monitoring and maintenance, and the institutional control plan are adequate to protect the public health and safety and the environment in that they provide reasonable assurance that the performance objectives will be met;

(c) there is reasonable assurance that the applicable requirements in sections 382.30 through 382.83 of this Title and the provisions of this Part will be met;

(d) the institutional control plan provides reasonable assurance that institutional control will be provided for the length of time found necessary to ensure the findings in subdivision (b) of this section and that the institutional control plan meets the requirements of section 383-9.8 of this Part;

(e) the financial assurance requirements of Subpart 383-6 of this Part are met; and

(f) the applicable requirements of Part 617 of this Title have been met.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 383-4.5