N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-4.6

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

Section 361-4.6 - Groundwater Protection Requirements for Facilities Located in Nassau and Suffolk Counties

In addition to the other requirements outlined in this Subpart, the following criteria apply to registered and permitted mulch processing facilities located in Nassau and Suffolk Counties.

(a) Groundwater monitoring.

(1) A minimum of one upgradient and two downgradient monitoring wells must be installed and maintained at the facility. The department may require installation and operation of additional groundwater monitoring wells, based on site specific conditions. Siting and installation of wells must be consistent with acceptable criteria, as outlined in subdivision 363-4.4(k) of this Title.

(2) Groundwater monitoring wells must be sampled quarterly. Results of the analyses must be submitted to the department within 60 days after the sampling event. The parameters for analysis are: groundwater elevation; total dissolved solids (TDS); conductance, turbidity; pH, oxidation reduction potential (ORP); dissolved oxygen; chemical oxygen demand (COD); Total Kjeldahl nitrogen (TKN); nitrate nitrogen; sodium; chloride; ammonia; iron; and manganese. After the first year of monitoring, the facility owner or operator may request a reduced sampling frequency, if the water quality consistently meets the applicable groundwater standards.

(b) Site water management. Compliance with the following criteria is required if groundwater monitoring indicates that significant degradation of groundwater quality has occurred, as determined by the department. Construction must be completed within one year after notification from the department.

(1) Run-off management criteria.

(i) The areas used for the receiving, processing, and storing of incoming materials and product must be designed, constructed, operated, and maintained to:

(a) direct site water drainage and minimize ponding by sloping or crowning pads;

(b) transmit run-off generated during the storage and processing of materials to a treatment and/or containment structure to minimize the potential for waste constituents to enter groundwater or surface water;

(c) control and manage all run-off and precipitation that falls onto and within the boundaries of those areas from a 25-year, 24-hour peak storm event at a minimum; and

(d) prevent stormwater, which has come in contact with waste, from impacting surface waters or groundwater, or causing conditions that reduce the ability to use neighboring properties.

(ii) Working surfaces must be sized appropriately and constructed to allow year-round equipment access to the piles without damage to the working surfaces, and treatment and containment structures.

(iii) Working surfaces must be constructed with a hydraulic conductivity of 1.0 x 10^-5 cm/sec or less, and must consist of one of the following:

(a) compacted soils, at least one foot thick;

(b) asphalt concrete or Portland cement; or

(c) an equivalent engineered material approved by the department.

(iv) Run-off must be treated by one of the following methods, unless other engineering controls are approved by the department.

(a) Vegetative filters in combination with ponds or alone (for limited flow situations). The vegetative filter must consist of a mix of grasses and forbs, etc. and be designed to promote sheet flow. They need to be monitored periodically to:

(1) remove accumulated sediment and organic matter that affects flow;

(2) identify rill erosion and regrade; and

(3) identify vegetative species with low survival rates and replace them with more successful native species to maintain dense vegetative coverage.

(b) Detention and infiltration ponds. Run-off must be directed to a treatment pond system consisting of a minimum of three cells. Two cells must be detention ponds designed and operated in accordance with paragraph 361-4.6(b)(6) of this Subpart to allow for maintenance. The bottom of any infiltration pond used must be at least five feet above the seasonal high groundwater table.

(v) Use of run-off and treated run-off. Run-off and treated run-off (emanating from vegetative strips or a pond system) can be used for site dust suppression, to add moisture to the piles, or for other means approved by the department. Run-off should be applied in a manner that does not result in erosion. Treated run-off can also be managed through infiltration ponds. Any run-off that cannot be effectively managed on-site must be handled in a manner approved by the department.

(2) Storage and containment criteria.

(i) Detention ponds, if used, must:

(a) have a liner having a hydraulic conductivity of 1.0 x 10^-6 cm/sec or less, and must consist of one of the following:

(1) a liner system consisting of a minimum of a 60-mil high density polyethylene liner, underlain by either one foot of compacted clay or a geosynthetic clay liner installed over a prepared base;

(2) a liner system that includes Portland cement concrete, designed to minimize cracking and infiltration, underlain by a minimum of a 60-mil high-density polyethylene liner; or

(3) an equivalent engineered material approved by the department;

(b) have a leak detection system acceptable to the department;

(c) at a minimum, be designed, constructed, and maintained to prevent overflowing or overtopping, based on the containment of all diverted site run-off in addition to precipitation that falls into the detention pond from a 25-year, 24-hour peak storm event;

(d) be at least two feet above the seasonal high groundwater table;

(e) be managed to maintain a dissolved oxygen concentration in the upper zone (one foot) of at least 1.0 milligram per liter (mg/l). Sediment-free water meeting this dissolved oxygen level can be discharged to an infiltration pond or equivalent;

(f) be monitored quarterly, if sufficient water is available, for pH, dissolved oxygen, total dissolved solids, fixed dissolved solids, total nitrogen, and specific conductance using methods acceptable to the department; and

(g) be cleaned at least once every year.

(ii) Tanks, if used, must be designed, constructed, and operated in compliance with the criteria in section 361-2.7.

(iii) Drainage ditches, if used to convey site water to storage or treatment, must:

(a) be able to effectively convey the run-off from a 25-year, 24-hour peak storm event, at a minimum;

(b) have a liner having a hydraulic conductivity of 1.0 x 10^-5 cm/sec or less, and must consist of one of the following:

(1) compacted soils, at least one foot thick;

(2) asphalt concrete or Portland cement; or

(3) an equivalent engineered material approved by the department;

(c) be properly sloped to minimize ponding, kept free and clear of debris to allow continuous flow of liquid, be adequately protected from erosion; and (d) be cleaned at least once every year.

(3) Run-on management criteria.

(i) Surface water run-on must be controlled by diversion swales that are constructed on the site perimeter to collect potential run-on and direct it to an engineered outlet structure (riprap aprons, etc.) that minimizes erosion; or berms that are constructed on the site perimeter to divert potential run-on to an engineered outlet structure (riprap aprons, etc.) that minimizes erosion. Berms must be built from fine grained material that can be compacted sufficiently and vegetated with a mix of grasses and forbs to prevent erosion and washout. Vegetation must be mowed no less than once per year.

(ii) Diversion swales and berms must be designed, constructed, and maintained to prevent run-on from a 25-year, 24-hour peak storm event, at a minimum.

(4) Inspection and reporting.

(i) All wells, working surfaces, berms, ditches, and any other run-on and run-off control or treatment devices must be inspected at least quarterly. Results of the quarterly inspections must be included in the annual report required by paragraph 360.19(k)(3) of this Title, and must include:

(a) date and time of inspection and name of inspector;

(b) evidence of deficiencies such as cracking, subsidence, erosion, etc.;

(c) evidence of ponding on the working surface and within the ditches;

(d) effectiveness of erosion control procedures;

(e) maintenance that has occurred to control run-off and run-on;

(f) evidence of any liquid leaving or entering the site, including location, size, and quantity;

(g) integrity of all drainage and treatment systems;

(h) descriptions of all deficiencies and corrections implemented; and

(i) any other analyses required by this Subpart.

(ii) All site water management and treatment devices must be inspected within seven days of all major storm events, and any necessary repairs must be made within 30 days. This information must be included in the annual report required by paragraph 360.19(k)(3) of this Title.

(5) General site criteria.

(i) Piles of material must not be placed in topographic depressions that act as either run-off conveyance channels or where run-off accumulates. Piles or windrows must be placed in locations where the ground surface is crowned or otherwise sloped sufficiently to avoid ponding of water at the bases of the piles. Windrows should be oriented parallel to the slope, so that precipitation landing between the windrows can flow freely off the processing area.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-4.6

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