N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-9.8

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

Section 383-9.8 - Institutional control

(a) Following the post-closure period, the permittee must carry out the approved institutional control plan. The permittee must obtain a permit modification pursuant to Subpart 383-5 of this Part to authorize the custodial agency to carry out the institutional control plan.

(b) Institutional control must be performed in accordance with the institutional control plan approved by the department pursuant to Subparts 383- 3 and 383-5 of this Part. The institutional control plan must include:

(1) measures to maintain site security and control of physical access to the disposal site;

(2) an environmental monitoring program at the site;

(3) periodic surveillance;

(4) minor custodial care;

(5) police and fire protection;

(6) measures to maintain the site in a neat and clean condition free from debris, trash, and any other unattractive or dangerous objects;

(7) a detailed estimate of the cost of implementing the institutional control plan; and

(8) any other information required by the department.

(c) Annual revision of the institutional control plan.

(1) The permittee must annually revise the institutional control plan and submit it to the department for approval no later than 90 days prior to the anniversary date of the issuance of the permit, except in the year when such permit expires. In the year the permit expires, the permittee must submit a revised institutional control plan as part of the permit renewal application.

(2) The revision must take into account relevant new information including the following:

(i) proposed changes in the design of the land disposal facility;

(ii) changes in the volumes, classes, specific activity, or other characteristics of the waste projected to be disposed of at the land disposal facility;

(iii) any additional geologic, hydrologic, or other site data pertinent to the long-term containment of waste obtained during the operational period and post-closure period;

(iv) the results of the monitoring required by Subpart 383-10 of this Part and any other tests, experiments, or analyses performed by the permittee that are pertinent to the long-term containment of waste within the disposal units;

(v) any proposed revisions of the closure plan and post-closure plan that would affect the institutional control plan; and

(vi) changes in the estimated cost of implementing the institutional control plan.

(3) Within 30 days following the receipt of the revised institutional control plan, the department will review the revised institutional control plan and approve it or provide the permittee with a written statement of the reasons why the department will not approve it. In the event that the revised institutional control plan is not approved, the permittee must correct the deficiencies and resubmit the revised institutional control plan within 30 days of the date of the department's written statement of disapproval.

(d) The permittee must prepare a final revision of the institutional control plan and submit it as part of a complete application for a permit modification for institutional control. The final revision of the institutional control plan must take into account the information described in paragraph (c)(2) of this section.

(e) The permittee must carry out the institutional control plan for a minimum of 100 years and until the permit is terminated pursuant to section 383-5.6 of this Part. However, institutional control for more than 100 years may not be relied upon to meet the performance objectives.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-9.8