N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-2.7

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

Section 361-2.7 - Design and operating requirements for storage facilities

A storage facility required to obtain a permit must, in addition to the requirements identified in section 360.19 of this Title, design, construct, maintain, and operate the facility in compliance with the following criteria.

(a) The minimum horizontal separation distances from the perimeter of the storage facility must be, at a minimum, 50 feet to the property line, 100 feet to a surface water body or potable water well, and 500 feet (1,500 feet for a surface impoundment or open tank) to a residence, place of business, or public contact area. The separation requirement does not apply to the landowner's or operator's residence.

(b) All samples obtained from the storage facility must be representative of the waste stored. The number of samples necessary will be determined by the department based on the waste type and quantity of waste stored.

(c) All storage facilities must be completely emptied, cleaned, and inspected at least once every 12 months or an acceptable leak detection procedure is employed. The department must be notified at least five business days before any internal tank inspection begins. Any damage or deterioration revealed by the inspection must be repaired before the storage facility begins receiving waste again.

(d) Surface impoundments must be constructed above the special flood hazard area and must be constructed with a liner system to minimize percolation. The liner system must consist of either a minimum of two feet of compacted soil having a maximum remolded hydraulic conductivity of 1 x 10^-7 centimeters per second or a geomembrane material approved by the department. The soil material particles must be able to pass through a one-inch screen.

(e) For surface impoundments, the facility must be monitorable and must not be located within the recharge area of a primary or principal aquifer or in an unstable area.

(f) If soil is used for a liner, the construction criteria in subparagraphs 363-6.7(b)(2)(ii) and (iii) of this Title apply.

(g) Surface impoundments must maintain a minimum of two feet of freeboard. The bottom of the impoundment liner system must be a minimum of five feet above both seasonal high groundwater and bedrock.

(h) A minimum of one upgradient and two downgradient monitoring wells, or more as determined by the department, must be installed at a surface impoundment facility. If multiple surface impoundments are used and are not near each other, then each impoundment must have separate monitoring well arrays.

(i) Existing water quality must be established before placement of any waste in a surface impoundment.

(j) Quarterly sampling of the wells at surface impoundments must be conducted for the following parameters: chloride, nitrate, ammonia, sulfate, specific conductivity, total hardness, alkalinity, total organic carbon and chemical oxygen demand. In addition, for biosolids storage facilities, annual sampling is required for the following parameters: arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, zinc, boron, barium, beryllium, cyanide, turbidity and volatile organic compounds. All samples must be representative of the material sampled. All analyses must be performed by a laboratory certified by the Department of Health, using methods acceptable to the department, unless use of an alternate laboratory or method is authorized by the department.

(1) The department can require sampling for additional parameters based on the type of waste stored and past monitoring results.

(2) Sampling results reported to the department must include a copy of the laboratory results, sampling methods, sampling personnel, dates and times samples were taken, purge volumes, field parameters and other relevant information.

(3) The department must be notified at least five business days before each sampling event.

(k) Storage facilities other than surface impoundments may be constructed of concrete, steel, or other approved material. The storage facility must be designed to maintain a minimum of two feet of freeboard.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-2.7

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023