N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-5.6

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

Section 383-5.6 - Termination of permit after the institutional control period

(a) At the conclusion of the institutional control period, the permittee may apply for termination of the permit.

(b) An application for termination must contain the following:

(1) a demonstration that without institutional control, there is reasonable assurance that the disposal facility will meet the performance objectives. The demonstration must include technical analyses that meet the requirements of section 383-3.4(h)(2) of this Part;

(2) proof that a declaration of restrictions or other approved document has been filed with the county clerk of the county where the land disposal facility is located as required by section 383-9.4(k)(1) of this Part;

(3) an assessment of current local land use and how it differs from that during the permitting of the land disposal facility and the effect of those differences on the land disposal facility's ability to meet the performance objectives;

(4) an assessment of the current and future doses to the general public due to releases from the land disposal facility based on the actual inventory of waste in the land disposal facility, the radioactive decay that has occurred since the waste was disposed of, the results of the monitoring performed pursuant to Subpart 383-10 of this Part, and any remediation or maintenance that has been undertaken; and

(5) a plot plan showing the location of all disposal units, markers, and any remaining associated facilities, referenced to the site grid system required by section 383-11.2(c) of this Part.

(c) The department may terminate the permit upon a finding that:

(1) the institutional control requirements of Subpart 383-9 of this Part and all requirements of the permit as modified pursuant to section 383-5.5 of this Subpart have been met;

(2) in the absence of institutional control there is reasonable assurance that the performance objectives will be met;

(3) any additional requirements resulting from new information developed during the institutional control period have been met;

(4) permanent markers warning against intrusion have been installed; and

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

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-5.6