N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-4.6

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

Section 363-4.6 - Facility manual

The facility manual must: refer to engineering drawings and reports prepared in accordance with this Subpart as appropriate; describe the anticipated day-to-day facility operations throughout the active life of the landfill; address appropriate sequencing of all major landfilling activities; demonstrate how the landfill will meet the operating and reporting requirements enumerated in Subparts 363-7 and 363-8 of this Part; and include the following information:

(a) Sustainability plan. The sustainability plan must describe how the landfill will be designed and operated in a manner that will conserve and sustain natural resources. The sustainability plan must describe how natural resources and airspace will be conserved through use of concepts such as front-end diversion of recyclables, reduced disposal of organic wastes, reduction in greenhouse gas emissions, utilization of alternative operating cover materials, alternative energy or materials resource production, promote rapid waste mass stabilization, utilize landfill reclamation, or other sustainable landfill management techniques. The sustainability plan must be updated and submitted to the department no less than every five years and at the time of permit renewal.

(b) Post-construction care plan. The post-construction care plan must describe procedures to ensure that the post-construction care requirements will be maintained prior to initial operation.

(c) Fill progression and placement plan. The fill progression and placement plan must include:

(1) a description of the procedures and precautions to be taken during the placement of the first five-foot lift of select waste above the liner and leachate collection system describing the select waste, its placement, and operation of collection vehicles and compaction equipment to prevent damage to the liner system;

(2) a description of the landfill's fill progression, addressing and detailing typical daily cell progression and lift height, fill sequence, and provisions for subsequent development of the landfill, referring to engineering drawings and reports prepared in accordance with this Subpart;

(3) a description of a monitoring program that will ensure that the maximum in-place waste density as established in the application will not be exceeded;

(4) a daily log of wastes received at the landfill that includes the location of each day's operation in accordance with the fill progression plan;

(5) a depiction of the final grades as described in the approved closure plan; and

(6) the location of vertical and horizontal gas collection lines.

(d) Waste control plan. The waste control plan must include:

(1) a description of the landfill's receiving and monitoring process for waste;

(2) identification and handling procedures for wastes requiring special handling or treatment (e.g., friable asbestos-containing waste, sludges, drill cuttings, etc.);

(3) procedures to identify wastes that have low-permeability or low shear-strength and a description of methods to be used to blend these wastes with other wastes to minimize waste mass instability and maximize leachate movement through the waste mass; and

(4) a program for detecting and preventing the disposal of unauthorized wastes at the facility. This program must include, but not be limited to:

(i) random inspections of incoming loads;

(ii) inspections of suspicious loads or drums;

(iii) records of inspections;

(iv) procedures for notifying the department if unauthorized waste is discovered in a load; and

(v) procedures for providing outreach to customers and transporters indicating that the facility is prohibited from accepting for disposal source-separated recyclables, source-separated electronic wastes, source-separated rechargeable batteries, source-separated mercury-containing products, and other source-separated items that are subject to legislatively enacted product stewardship programs, including procedures for monitoring and detecting incoming waste for these source separated recyclables.

(e) Cover material management plan. The cover material management plan must include:

(1) material specifications for operating, intermediate, and final cover;

(2) identification of the quantities required for each type of cover material, and its on-site storage location; and

(3) the method of cover material placement, compaction, anticipated permeability and density.

(f) Environmental monitoring plan. The environmental monitoring plan must include:

(1) a description of the critical stratigraphic section;

(2) a description of all proposed monitoring points, including leachate, condensate, underdrains, groundwater, surface water, and sediment;

(3) the analyses to be performed;

(4) a description of the statistical methods to be used;

(5) reporting requirements;

(6) a site plan with topographic contours which depicts the location of all proposed monitoring points in relation to facility boundaries, surface water bodies, and property boundaries; and

(7) an implementation plan that contains a sampling schedule, the sequence of landfill construction, a schedule for the construction of the groundwater monitoring wells, and a schedule for initiation of the existing water quality and operational water quality monitoring programs, and a contingency water quality monitoring plan which specifies trigger mechanisms for its initiation.

(8) Sampling design requirements. The environmental monitoring plan must comply with the following:

(i) Groundwater sampling. Groundwater monitoring wells must be capable of detecting facility-derived groundwater contamination within the critical stratigraphic section.

(a) Horizontal well spacing.

(1) Horizontal spacing of wells must be based upon site-specific conditions. These conditions may include groundwater flow rates, estimated longitudinal and transverse dispersivity rates, proximity to or presence of sensitive environments and groundwater users, the nature of contaminants disposed of at the site, and the proposed design and size of the facility.

(2) In the first water-bearing unit of the critical stratigraphic section:

(i) monitoring well spacing along the downgradient perimeter of the facility must not exceed 500 feet. The department may require closer well spacing in sensitive or geologically complex environments;

(ii) monitoring well spacing along the upgradient or crossgradient perimeter of the facility must not exceed 1,500 feet. The department may require closer well spacing in sensitive environments or where upgradient sources of contamination are known to exist; and

(iii) in areas of poorly defined flow conditions, the number of monitoring wells and well spacing must be decided based on site-specific hydrogeology, subject to approval by the department.

(3) The department may require the monitoring of water-bearing units below the first water-bearing unit based on the potential for contaminant migration to those units. Well spacing in any subsequent water-bearing units must be decided based on site-specific hydrogeology, subject to approval by the department.

(4) Sensitive environments or areas where public health concerns exist may be subject to more intensive groundwater monitoring requirements. In addition, the department may require the applicant to develop an acceptable computer model of contaminant plume behavior from hypothetical leaks in the liner system to assist in determining monitoring well placement.

(5) All downgradient monitoring wells must be located within 50 feet of or as close as possible to the waste boundary to ensure early detection of any contaminant plume, unless precluded by site conditions. All monitoring wells should avoid construction within structural berms wherever possible.

(6) All upgradient monitoring wells must be placed far enough from the waste boundary to avoid any facility-derived impacts.

(b) Well screen placement.

(1) Well screens must be located to readily detect groundwater contamination throughout the saturated thickness of the first water-bearing unit, and must be installed at a representative number of points at each subsequent permeable unit throughout the critical stratigraphic section. Well screens must not act as conduits through impermeable layers. Wells monitoring the uppermost water bearing unit must be screened to ensure that the water table surface is within the screened interval at all times.

(2) Upgradient and crossgradient monitoring wells must monitor the same hydrologic units as the downgradient monitoring wells, whenever possible.

(3) Screen length. Well screens must not exceed 20 feet in length, unless otherwise approved by the department. The applicant must provide technical justification for the actual screen length chosen.

(c) Geophysical and geochemical techniques. The department may require the use of geophysical and geochemical techniques where existing contamination is suspected, to locate contaminated zones before selecting well locations and screen depths for environmental monitoring points.

(d) The department may require the monitoring of any groundwater suppression system built at a facility. Existing water quality monitoring at these points may not be required.

(ii) Surface water and sediment sampling. The environmental monitoring plan must include monitoring points for all surface water bodies that may be significantly affected by a contaminant release from the facility. Sampling activities at these monitoring points must include surface water, and may include sediment if determined necessary by the department.

(a) In bodies of standing water, these points must be located at the closest point to the facility and must be included in existing water quality monitoring.

(b) In streams, these points must include sufficient upgradient and downgradient locations to allow the facility's impact to be measured.

(c) Monitoring of any on-site spring, seep or groundwater discharge zone may be required if the flow rate is sufficient to permit collection of an adequate sample volume.

(d) Any iron floc deposits which form in springs, seeps or groundwater discharge zones downgradient of the facility must be described and sampled as part of the Site Investigation Report. These deposits may, at the discretion of the department, be included in the monitoring program.

(iii) Leachate sampling. The location of all leachate sampling points at the facility must be described.

(a) All sampling points should be located to minimize pumping of leachate before sampling. Sampling points in the primary and secondary leachate collection system should be adequate to sample liquids beneath each discrete leachate collection area or facility cell.

(b) Leachate in the primary leachate collection system of new cells must be analyzed semi-annually for expanded parameters for a minimum of five years after cell operation begins. After five years of cell operation, the department may consider a reduction to annual sampling if the owner or operator demonstrates that the concentrations of constituents have not changed significantly as supported by statistical analysis.

(c) Leachate in the secondary leachate collection system must be monitored semi-annually for baseline parameters. Sampling and analysis requirements may be increased if the allowable leakage rate, as defined in paragraph 363-7.1(f)(7) of this Subpart, is exceeded. After five years of cell operation, the department may consider a reduction to annual sampling if the owner or operator demonstrates that the concentrations of constituents have not changed significantly as supported by statistical analysis.

(iv) Water supply well sampling. If sampling and analysis of water supply wells is to be performed, then the sampling frequency and analysis for water supply wells should be determined on a case-by-case basis in conjunction with the Department of Health and/or the local health department.

(v) Condensate sampling. The location of all condensate sampling points at the facility must be described. Condensate sampling in new cells must be done semi-annually for expanded parameters for a minimum of five years. After five years, the department may consider reductions in the frequency of testing, number of parameters analyzed, and number of locations sampled if the owner or operator demonstrates constituent concentrations are stable as supported by statistical analysis and that the proposed remaining sampling locations will be representative of the locations previously sampled.

(9) Water Quality Monitoring Programs. A water quality monitoring program must be implemented for all environmental monitoring points specified in the environmental monitoring plan. As described in this subdivision, the water quality monitoring program must be tailored to the site to establish existing water quality prior to disposal of waste, operational water quality during operation of the site, the post-closure period, and the custodial care period, and, if contamination is detected at the site, contingency water quality.

(i) Existing water quality. The facility must establish an existing water quality database to characterize the site geochemistry.

(a) The permit application must include a preliminary evaluation of water quality consisting of two rounds of sampling and analyses for a representative number of monitoring points. The representative number of monitoring points must include upgradient and downgradient locations (if practical) in each water-bearing unit within the critical stratigraphic section.

(1) The first round of sampling must be analyzed for expanded parameters. The second round must be analyzed for baseline parameters plus any additional parameters which were detected in the initial expanded parameters analysis. These samples should be taken at the approximate periods of high and low groundwater flow.

(2) The department may require sampling and analysis of additional monitoring points to further define site geochemistry in support of the interpretations and conclusions of the site investigation report.

(b) The following must be completed before the facility becomes operational.

(1) All of the environmental monitoring points must be sampled and analyzed for four rounds. The first round must be analyzed for expanded parameters, followed by a minimum of three rounds of sampling and analysis for baseline parameters, plus any additional parameters which were detected in the initial expanded parameters analysis. Each of the four rounds must occur during a different quarter of the year. The department may approve phased sampling as facility cells are constructed. The sampling of these phased monitoring points should begin at least one year prior to waste deposition and must conform with the analytical requirements of this clause.

(2) A database of existing water quality must be established for each hydrogeologic flow regime being monitored at the site. The department may require collection of data subsequent to initial facility operation from upgradient monitoring points, or other monitoring points that have not been altered by landfill activities, in order to augment and refine the existing water quality database.

(3) The existing water quality at a facility may be determined using:

(i) an interwell analysis (i.e., the pooling of all of the environmental monitoring points within a given hydrogeologic flow regime);

(ii) subsets of interwell analyses (i.e., the pooling of environmental monitoring points into two or more subsets of environmental monitoring points within a given hydrogeologic flow regime); or

(iii) an intrawell analysis, where each individual monitoring point is monitored independently of all other wells within a given hydrogeologic flow regime. A minimum of eight quarters must be completed for each well that is to be evaluated on an intrawell basis.

(4) The existing water quality database must comply with the following requirements:

(i) the existing water quality database must include a separate data set for each parameter. Each data set must include one or more sampling events and one or more sampling points. Decisions regarding how to group data into data sets must be made in a manner that maximizes the extent to which variability within the data sets approximates a normal distribution;

(ii) for each data set, the mean (existing water quality value), standard deviation and coefficient of variation must be calculated. For the purpose of these regulations, data sets which have a coefficient of variation of 0.5 or less with less than 15 percent of the data being non-detects will be considered suitable for use in setting "Type A" statistical trigger values. The "Type A" statistical trigger value for each data set is calculated by adding three standard deviations to the mean. In cases where the percentage of non-detects exceeds 15 percent, the coefficient of variation is greater than 0.5, or there are other indications that the data set is not normally distributed, the existing water quality value is defined as the median of the data set and a "Type B" statistical trigger value corresponding to the 90th percentile of the data set must be used;

(iii) the following practices must be followed to minimize variability within data sets which are included in the existing water quality database:

(a) the size of data sets should be maximized by pooling data from different wells which are screened within the same hydrostratigraphic unit and show similar pre-operational water quality;

(b) monitoring points which exhibit significant differences in pre-operational water quality for a particular parameter should not be pooled within the same data set for that parameter. In cases where it is necessary to split data sets due to heterogeneity of data, it may be necessary to compensate for the reduced size of the data set by collecting additional rounds of pre-operational water quality data or by augmenting pre-operational data with upgradient operational data;

(c) Non-detects with associated detection limits higher than applicable standards or higher than detected values within the same data set, must not be used as a basis for establishing existing water quality;

(d) for statistical calculations, except as allowed in subitem (c) above, non-detects will be assigned a value of one-half the detection limit; and

(e) steps must be taken to ensure that detection limits associated with non-detected values in existing water quality data sets do not exceed the applicable groundwater quality standards or any of the detected values for other sampling points and/or rounds of sampling within the same data set. Non-detects associated with elevated detection limits must be discarded and additional samples must be collected from the affected monitoring point in order to provide the minimum number of data points required for characterization of existing water quality.

(iv) If the department determines that the sampling results are not representative of existing water quality, or do not constitute a normal, uniform distribution, the department may specify additional sampling and/or analyses it considers necessary to establish existing water quality at the site.

(5) If elevated contaminant levels are detected and additional detailed information is needed to establish a complete existing water quality database, the department may require one or more rounds of routine, baseline or expanded parameter sampling and analysis in any sampling point.

(6) Additional sampling and analysis beyond the site boundaries may be required to determine the nature and extent of contamination, as well as the source if possible. This evaluation may require the construction, sampling, and analysis of additional monitoring wells and/or surface water sampling points. Based upon the results of this additional data, the department may require analysis for any and all expanded parameters, to be included in quarterly or annual operational water quality sampling.

(ii) Operational water quality. The operational water quality monitoring is conducted during the operation, closure, and post-closure periods of the facility must be described. The operational water quality monitoring must be designed to distinguish facility-derived contamination from the existing water quality at the site using the trigger values established pursuant to item 363- 4.6(f)(9)(i)('b')('4')('ii') of this section. The minimum requirements for operational water quality monitoring are:

(a) sampling and analysis must be performed at least quarterly, once a year for baseline parameters and 3 times for routine parameters. The baseline sampling event must occur at the same time each year;

(b) the department may approve phased sampling as facility cells are constructed. The sampling of the phased monitoring points must begin at least one year prior to waste deposition in the newly constructed cells or as approved by the department;

(c) the department may allow a facility to reduce its monitoring from quarterly to semi-annually if the facility can meet the following conditions:

(1) the secondary leachate collection and removal system demonstrates conformance with the allowable leakage rate requirements of paragraph 363-7.1(f)(7) of this Subpart;

(2) the facility has compiled at least five years of operational water quality data;

(3) the department is satisfied that the facility has not contaminated groundwater;

(4) the groundwater flow velocity is not excessive, flow direction has not changed significantly, and hydrogeologic conditions at the site support the operator's position that it can be adequately monitored; and

(5) the facility must monitor semi-annually for baseline parameters.

(d) the department may allow the omission of the winter sampling round once a complete understanding of water chemistry has been obtained and the facility demonstrates an acceptable liner performance to the department.

(e) Operational water quality analysis must include at least those parameters specified in the Water Quality Analysis Tables in subdivision 363-4.6(h) of this section for routine and baseline parameters. The department may modify these tables before granting a permit for the facility, or during the duration of the permit, based on the leachate composition. If subsequent leachate compositions vary or if the waste disposed of at the facility changes, the department may adjust analytical requirements accordingly.

(f) Within 90 days of completing the quarterly field sampling activities, the owner or operator must determine if a significant increase has occurred for any parameter at any monitoring well. A significant increase has occurred if the water quality result for a parameter exceeds the trigger value for that parameter established pursuant to item 363-4.6(f)(9)(i)('b')('4')('ii') of this section. For parameters which do not have a statistical trigger value because pre-operational and upgradient data are limited to non-detects, detection of the parameter for the first time in a monitoring point is considered a significant increase.

(g) If the owner or operator determines, pursuant to clause (e) of this subparagraph, at any monitoring well that there is a significant increase for one or more of the parameters during field sampling for the routine or baseline parameters, excluding the field parameters, the owner/operator:

(1) must, within 14 days of this finding, notify the department indicating which parameters have shown significant increases; and

(2) must sample and analyze all monitoring points, or an approved subset, for the baseline parameters during the next quarterly sampling event. Subsequent sampling and analysis for baseline parameters must be conducted at least semiannually until the significant increase is determined not to be facility-derived or the department determines monitoring is not needed to protect public health and the environment; or

(3) may attempt to demonstrate to the department that a source other than the facility caused the contamination or that the significant increase resulted from error in sampling or analysis, or from natural variation in groundwater quality. This demonstration may include one or more verification samples, collected from the affected monitoring point and analyzed for the parameter in question. A narrative documenting this demonstration must be included with the quarterly monitoring report, or separately submitted to the department for review and approval. If a successful demonstration is made, documented and approved by the department, the owner or operator may continue operational water quality monitoring as specified in this clause.

(h) If the owner or operator determines, pursuant to clause ('f') of this subparagraph, that there is a significant increase for one or more of the parameters during two successive monitoring events at any monitoring well, the owner or operator:

(1) must, within 14 days of this finding, notify the department indicating which parameters have shown significant increases; and

(2) must implement a contingency monitoring program meeting the requirements of subparagraph (iii) of this paragraph within 90 days.

(iii) Contingency water quality. A contingency water quality monitoring, as described in this paragraph, which must be conducted when a significant increase over the existing water quality value has been detected pursuant to clause (f)(9)(ii)('f') of this paragraph for one or more of the routine or baseline parameters listed in the Water Quality Analysis Tables in subdivision (h) of this section. All contingency water quality monitoring plans are subject to department approval, and must include the following:

(a) within 90 days of triggering a contingency water quality monitoring program, the owner or operator must sample and analyze the groundwater for the expanded parameters listed in the Water Quality Analysis Tables in subdivision 363-4.6(h) of this Part. A minimum of one sample from each monitoring well (upgradient and downgradient), or a selected subset, must be collected and analyzed during this sampling. If any constituents are detected in the downgradient wells at concentrations exceeding the applicable trigger values as a result of the expanded parameter analysis, a minimum of two independent samples from each of the sample wells must be collected within 30 days of obtaining the results of the expanded parameter analysis and analyzed for the detected constituents. These samples must be collected within two weeks of each other and then compared to the existing water quality database established pursuant to subparagraph 363-4.6(f)(9)(i) of this section. If an increase in the existing water quality values in the upgradient wells is indicated by this comparison, the existing water quality values for these parameters must be revised to reflect the newly acquired upgradient contingency monitoring data within each hydrogeologic flow regime. The department may delete any of the expanded parameters if it can be shown that the removed parameters are not reasonably expected to be in, or derived from, the waste contained in the landfill based on the leachate sampling being performed pursuant to subparagraph 363-4.6(f)(8)(iii) of this section; and

(b) after obtaining the results from the initial or subsequent sampling required in subparagraph (i) of this paragraph, the owner or operator must:

(1) within 14 days, notify the department to identify the expanded parameters that have exhibited a significant increase from the existing water quality value;

(2) within 90 days, and on a quarterly basis thereafter, resample all wells, conduct analyses for all baseline parameters, and for those additional expanded parameters that exhibit significant increases. In addition, the owner or operator must sample and conduct analyses annually on all wells for the expanded parameters. At least one sample from each upgradient and downgradient well must be collected and analyzed during these sampling events. The department may reduce the requirements of this clause based on site-specific conditions; and

(3) establish groundwater protection standards for all parameters that exceed trigger values calculated in accordance with item (f)(9)(i)('b')('4')('i') of this paragraph. The groundwater protection standards must be established in accordance with clause ('c') of this subparagraph.

(4) If the concentrations of any of the expanded parameters are shown to be at or below the applicable trigger values for two consecutive sampling events, the owner or operator must notify the department of this finding and, if approved by the department, may remove that parameter from the contingency water quality monitoring program. If the concentrations of all the parameters are shown to be below the applicable trigger values for two consecutive sampling events, then the owner or operator must notify the department and, if approved by the department, may return to operational water quality monitoring.

(5) if the concentrations of any expanded parameters are above the applicable trigger values, but all concentrations are below the groundwater protection standard established under clause ('c') of this subparagraph, the owner/operator must continue contingency monitoring.

(6) if one or more parameters are detected at levels above the groundwater protection standard established under clause ('c') of this subparagraph in any sampling event, the owner or operator must notify the department within 24 hours to identify the expanded parameters that have exceeded the groundwater protection standard, and notify appropriate local government officials within seven days of detection. The owner or operator must also:

(i) demonstrate that a source other than the facility caused the contamination, or that the significant increase resulted from error in sampling or analysis, or from natural variation in groundwater quality. This report must be submitted for approval by the department. If a successful demonstration is made, the owner or operator must continue monitoring in accordance with the contingency water quality monitoring program pursuant to subparagraph (f)(9)(iii) of this section, and may return to operational monitoring if the expanded parameters are at or below the applicable trigger values established pursuant to item (f)(9)(i)('b')('4')('ii') of this section. Unless and until a successful demonstration is made, the owner or operator must comply with subclause ('6') of this clause, including initiating an assessment of corrective measures; or

(ii) comply with the following:

(a) characterize the nature and extent of the release by installing additional monitoring wells as necessary;

(b) install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and establish the existing water quality for this well;

(c) notify all persons who own land or reside on land that is directly over or within 500 feet downgradient of any part of the plume of contamination if contaminants have migrated off-site as indicated by sampling of wells in accordance with subclause ('1') of this clause; and

(d) initiate an assessment of corrective measures pursuant to the provisions of Subpart 363-10 of this Part;

(7) demonstrate that a source other than the facility caused the contamination, or that the significant increase resulted from error in sampling or analysis, or from natural variation in groundwater quality. This report must be submitted for approval by the department. If a successful demonstration is made, the owner or operator must continue monitoring in accordance with the contingency water quality monitoring program pursuant to subparagraph 363-4.6(f)(9)(iii) of this section, and may return to operational monitoring if the expanded parameters are at or below the applicable trigger values established pursuant to item 363-4.6(f)(9)(ii)('b')('4')('ii') of this section. Unless and until a successful demonstration is made, the owner or operator must comply with clause (e) of this subparagraph, including initiating an assessment of corrective measures.

(c) The owner or operator must establish a groundwater protection standard for each parameter detected above its statistical trigger value in the groundwater. The groundwater protection standards are:

(1) for parameters for which a maximum contaminant level (MCL) has been established in 40 CFR Part 141, as incorporated by reference in section 360.3 of this Title, or for which a standard has been established pursuant to Part 701, 702, or 703 of this Title, the MCL or the standard established under this Title for that constituent, whichever is more stringent;

(2) for parameters for which MCLs or standards have not been established, the trigger value for the parameter established from wells in accordance with item (f)(9)(i)(b)(4)(ii) of this paragraph; or

(3) for parameters for which the trigger value established pursuant to item (f)(9)(i)(b)(4)(ii) of this section is higher than the MCL or standard, the trigger value.

(10) Reporting Requirements. Unless more rapid reporting is required to address an imminent environmental or public health concern, the owner or operator of the facility must report all water quality monitoring results to the department within 90 days of the conclusion of the sample collection. The report must include:

(i) a table showing the sample collection date, the analytical results (including all peaks even if below method detection limits [MDLs]), designation of upgradient wells and location number for each environmental monitoring point sampled, potentiometric data, applicable water quality standards, and groundwater protection standards if established, MDLs, and Chemical Abstracts Service (CAS) numbers for all parameters;

(ii) tables or graphical representations comparing current water quality with existing water quality and with upgradient water quality. These comparisons may include Piper diagrams, Stiff diagrams, tables, or other analyses;

(iii) a summary of the contraventions of State water quality standards, significant increases in concentrations above existing water quality, any exceedances of groundwater protection standards, discussion of results, and any proposed modifications to the sampling and analysis schedule necessary to meet the requirements of paragraph (3) of this subdivision;

(iv) all AQA/AQC documentation required pursuant to subdivision 363-4.6(g) of this section must be submitted to the department in a form acceptable to the department;

(v) the annual report must contain a summary of the water quality information presented in subparagraphs (ii) and (iii) of this paragraph with special note of any changes in water quality which have occurred throughout the year;

(vi) the data quality assessment report required pursuant to paragraph 363-4.6(g)(5) of this section;

(vii) an updated historical water quality monitoring table for each parameter that has been detected at least once at one or more monitoring points. Each table must include a column for each monitoring point, a row for each sampling date, detected concentrations, data qualifiers, detection limits associated with each non-detect, and summary statistics including, but not limited to means, standard deviations, medians, 10th and 90th percentiles. Submission of this table may be limited to the annual monitoring report;

(viii) a graph showing time versus concentration for each parameter that has exceeded a groundwater quality standard or a trigger value at each affected monitoring point. Submission of these graphs may be limited to the annual monitoring report; and

(ix) updated groundwater contour maps and an evaluation of landfill operation impacts on groundwater elevations and flow patterns. Submission of these maps may be limited to the annual monitoring report, unless otherwise required by the department.

(g) Site analytical plan. The site analytical plan must describe the method of sample collection and preservation, chain of custody documentation, analyses to be performed, analytical methods, data quality objectives, procedures for corrective actions, and procedures for data reduction, validation and reporting. The site analytical plan will pertain to existing water quality monitoring programs, operational water quality monitoring programs, and a contingency water quality monitoring program that specifies trigger mechanisms for its initiation. The site analytical plan must comply with the following:

(1) Data quality objectives.

(i) The data quality objectives for the data generation activity must be established prior to the initiation of any sampling.

(ii) The data quality objectives must define the goals of each phase of the water quality monitoring program, including, but not limited to, the following:

(a) reasons for the analytical program;

(b) identification of any regulatory programs and standards applicable to the analytical program; and

(c) minimum detection limits for each of the parameters listed in the Water Quality Analysis Tables.

(iii) The data quality objectives must be the basis for the development of all other portions of the site analytical plan.

(2) Analytic quality assurance (AQA)/analytic quality control (AQC). The site analytical plan must include a discussion of the AQA/AQC for the sampling program associated with the facility and must be sufficient to ensure that the data generated by the sampling and analysis activities are of a quality commensurate with their intended use and the requirements of the department. The discussion must detail the AQA/AQC goals and protocols for each type of environmental monitoring to be performed at the facility. Elements must include a discussion of the quality objectives of the project, enumeration of AQC procedures to be followed, and reference to the specific standard operating procedures that will be followed for all aspects of the environmental monitoring program.

(3) Field sampling procedures.

(i) All field sampling procedures must be described in detail in the site analytical plan. All field quality control procedures must be described including types and frequency of field quality control samples to be collected (e.g., field blanks, trip blanks, field duplicates, reference materials and material blanks).

(ii) All samples must be collected and stored in the order of the parameter's volatilization sensitivity using methods, consistently applied, which ensure sample integrity.

(iii) All sampling equipment must be constructed of inert components designed to obtain samples with minimal agitation and contact with the atmosphere; be cleaned and protected during transport to avoid contamination; and checked before use. Dedicated equipment must be constructed of appropriate inert components and must be appropriate for the types of sampling to be performed.

(iv) Samples must be properly preserved and delivered to the laboratory with proper chain of custody within all appropriate holding times for the parameters to be analyzed.

(v) The sampling procedures and frequencies must be protective of public health and the environment.

(vi) Monitoring well sampling techniques must be consistently performed each time a well is sampled, and must comply with the following:

(a) In areas where the presence of explosive or organic vapors is suspected, ambient air in the well must be checked for their presence before the well is evacuated.

(b) For wells with documented contamination, where contamination by non-aqueous phase liquids may be present, standing water in the well must be checked for immiscible layers or other contaminants that are lighter or heavier than water (floaters or sinkers). If present, floaters or sinkers must be sampled and analyzed separately by a method described in the site analytical plan.

(c) Evacuation of the well must replace stagnant water in the well and the sand pack with fresh water representative of the formation. Evacuation methods, including pumping rate, depth of pump intake, and method of determining sufficiency of evacuation must be consistently applied each time the well is sampled. Evacuation methods must create the least possible turbidity in the well. Where the static water level in the well is above the top of the sand pack, the water level should not be lowered below the top of the sand pack during purging whenever feasible. Evacuated water must be properly managed.

(d) The proposed evacuation methods to be used at the facility must be described in the environmental monitoring plan. All alternative evacuation techniques proposed for the facility wells must be identified for each well.

(e) After evacuation of the well, volatile organic samples must be collected.

(f) Field analysis must be performed after volatile organic samples have been collected, either within the borehole using a probe or from the next sample collected. All field test equipment must be calibrated at the beginning of each sampling day and checked and recalibrated according to the manufacturer's specifications. Calibration data must be reported with the analytical results.

(g) Groundwater samples must not be filtered, except when due to site-specific conditions, sample turbidity cannot be reduced to 50 nephelometric turbidity units (NTUs) or less by good sampling technique or well redevelopment, the department may approve collection of both filtered and unfiltered samples for analyses of the inorganic parameters. All other required analyses will be on the unfiltered samples.

(vii) Surface water and sediment sampling techniques must be consistently applied to all samples, and must comply with the following:

(a) Surface water samples collected from shallow water should not include bottom sediment. In shallow moving water, downstream samples must be collected first to avoid disturbances from the bottom sediments.

(b) Each water body over three feet deep that is sampled must be checked for stratification, and each stratum must be checked for contamination using field parameters. Each stratum showing evidence of contamination must be separately analyzed. If no stratum shows evidence of contamination, a composite sample having equal parts of water from each stratum must be analyzed.

(c) Sediment samples may be taken at each location from which surface water samples are taken, and should consist of the upper five centimeters of sediment.

(viii) Water supply well sampling methods must be consistently applied each time a well is sampled and must comply with the following:

(a) If possible, samples should be collected directly from the well so as to yield water representative of the formations supplying the well. If this is not possible, samples must be collected as near to the well as possible and before the water is softened, filtered, or heated.

(b) If possible, samples should be collected before the water enters the pressure tank; otherwise the water must run long enough to flush water stored in the tank and pipes.

(c) Before sampling, water must be evacuated from the well to ensure a fresh sample of aquifer water.

(d) If samples are collected from a tap, aerators, filters, or other devices must be removed before sampling.

(ix) Corrective action. Standard operating procedures must be established describing the procedures used to identify and correct deficiencies in the sample collection process. The standard operating procedure must specify that each corrective action be documented in the sampling report submitted to the department, with a description of the deficiency, the corrective action taken, and the persons responsible for implementing the corrective action. Any alterations to the field sampling procedures must be included as an amendment to the site analytical plan.

(4) Laboratory procedures.

(i) Laboratory analyses must be performed by a laboratory currently certified under the appropriate approval categories by the New York State Department of Health's Environmental Laboratory Approval Program (ELAP).

(ii) The site analytical plan must contain the standard operating procedures of all laboratory activities related to the environmental monitoring plan. Any revisions to these standard operating procedures must be documented. Standard operating procedures must be available for the following, at a minimum:

(a) receipt, storage and handling of samples;

(b) sample scheduling to ensure that holding time requirements are met;

(c) reagent/standard preparation;

(d) general laboratory techniques (e.g., glassware cleaning procedures, operation of analytical balances, pipetting techniques and use of volumetric glassware);

(e) description of how analytical methods are actually to be performed including precise reference to the analytical method used, and not a simple reference to standard methods;

(f) standard operating procedures for equipment calibration and maintenance to ensure that laboratory equipment and instrumentation are in working order, including, but not limited to procedures and schedules for calibration and maintenance in accordance with manufacturer's specifications; and

(g) for a corrective action, standard operating procedures must be established for identifying and correcting deficiencies in the laboratory procedures. The standard operating procedure must specify that each corrective action be documented in the sampling event report submitted to the department with a description of the deficiency, the corrective action taken, and the person responsible for implementing the corrective action. Any alterations to the laboratory procedures must be included as an amendment to the site analytical plan.

(5) Data quality assessment. At the conclusion of each sampling event and analysis of the samples collected, data quality assessment must occur. A data quality assessment report must be submitted with the results from each sampling event. Data quality assessment must occur in two phases - data validation and data usability analysis.

(i) Data validation.

(a) For those sampling events for which only routine parameters are analyzed, the required data validation may be performed by the laboratory that performed the sample analyses.

(b) For those sampling events in which groundwater samples are analyzed for baseline or expanded parameters, the data validation must be performed by a person with experience with similar validation projects and who is not affiliated with the laboratory that performed the analyses and who is acceptable to the department.

(c) The data validation must be performed on all analytical data for the facility at a rate acceptable to the department, but not less than five percent of the data generated, and must consist, at a minimum, of the following:

(1) field records and analytical data are reviewed to determine whether the data are accurate and defensible. All AQA/AQC information must be reviewed along with any corrective actions taken during that sampling event; and

(2) all data summaries must be clearly marked to identify any data that are not representative of environmental conditions at the site, or that were not generated in accordance with the site analytical plan.

(ii) Data usability analysis.

(a) The data usability analysis must be performed on all analytical data generated by the requirements for this Part for the facility and must consist of the following:

(1) an assessment to determine if the data quality objectives were met;

(2) for consistency, comparison of the analytical data with the results from previous sampling events;

(3) evaluation of field duplicate results to indicate the samples are representative;

(4) comparison of the results of all field blanks, trip blanks, equipment rinstate blanks, and method blanks with full data sets to provide information concerning contaminants that may have been introduced during sampling, shipping, or analysis;

(5) evaluation of matrix effects to assess the performance of the analytical method with respect to the sample matrix, and determine whether the data have been biased high or low due to matrix effects;

(6) integration of the field and laboratory data with geological, hydrogeological, and meteorological data to provide information about the extent of contamination, if it occurs; and

(7) comparison of precision, accuracy, representativeness, comparability, completeness, and defensibility of the data generated with that required to meet the data quality objectives established in the site analytical plan.

(h) Water quality analysis tables.

The water quality analysis tables in this section list the routine, baseline, and expanded parameters for analysis of all monitoring samples. The department may modify the parameters for analysis based on the location of the landfill or site-specific characteristics of waste disposed at the landfill.

TABLE 1: ROUTINE PARAMETERS¹

Common Name (and CAS number, as appropriate)²
Field Parameters:	Leachate Indicators:	Inorganic Parameters (total):
Static water level (in wells and sumps)³	Total Kjeldahl Nitrogen	Arsenic
Specific Conductance	Ammonia (7664-41-7)	Cadmium
Temperature	Nitrate	Calcium
Floaters or Sinkers⁴	Chemical Oxygen Demand	Iron
Temperature	Biochemical Oxygen Demand (BOD5)	Lead
pH	Total Organic Carbon	Magnesium
Eh	Total Dissolved Solids	Manganese
Dissolved Oxygen⁵	Sulfate	Potassium
Field Observations⁶	Alkalinity	Sodium
Turbidity	Phenols (108-95-2) Chloride Bromide (24959-67-9) Total hardness as CaCO3

Footnotes

¹ This list contains parameters for which possible analytical procedures are provided in: 'Test Methods for Evaluating Solid Waste, Physical/Chemical Methods', EPA Publication SW-846 (Third Edition, (November 1986), as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), III (December 1996), IIIA (April 1998), document number 955-001-00000-1), incorporated by reference in section 360.3 of this Title. 'Methods for Chemical Analysis of Water and Wastes', USEPA-600/4-79-020, March 1983, incorporated by reference in section 360.3 of this Title.

² Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals. 'Total' indicates all species in the groundwater that contain this element.

³ Groundwater elevations in wells which monitor the same waste management area must be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determination of groundwater flow rate and direction.

⁴ Any floaters or sinkers found must be analyzed separately for baseline parameters.

⁵ Surface water only.

⁶Any unusual conditions (colors, odors, surface sheens, etc.) noticed during well development, purging, or sampling must be reported.

TABLE 2A: BASELINE PARAMETERS: Field Parameters, Leachate Indicators, and Inorganic Parameters¹

Common Name (and CAS number, as appropriate)²
Field Parameters:	Leachate Indicators:	Inorganic Parameters (total unless otherwise noted):
Static water level (in wells and sumps)³	Total Kjeldahl Nitrogen	Aluminum
Specific Conductance	Ammonia (7664-41-7)	Antimony
Temperature	Nitrate	Arsenic
Floaters or Sinkers⁴	Chemical Oxygen Demand	Barium
Temperature	Biochemical Oxygen Demand (BOD5)	Beryllium
pH	Total Organic Carbon	Cadmium
Eh	Total Dissolved Solids	Calcium
Dissolved Oxygen⁵	Sulfate	Chromium
Field Observations⁶	Alkalinity	Chromium (Hexavalent)⁷
Turbidity	Phenols (108-95-2)	Cobalt
Chloride	Copper
Bromide (24959-67-9)	Cyanide
Total hardness as CaCO3	Iron
Color	Lead
Boron (7440-42-8)	Magnesium
Manganese
Mercury
Nickel
Potassium
Selenium
Silver
Sodium
Thallium
Vanadium
Zinc

Footnotes

¹ This list contains parameters for which possible analytical procedures are provided in: "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846 (Third Edition, (November 1986), as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), III (December 1996), IIIA (April 1998), document number 955-001-00000-1), incorporated by reference in section 360.3 of this Title. 'Methods for Chemical Analysis of Water and Wastes', USEPA-600/4-79-020, March 1983, incorporated by reference in section 360.3 of this Title.

⁴ Any floaters or sinkers found must be analyzed separately for baseline parameters.

⁵ Surface water only.

⁶ Any unusual conditions (colors, odors, surface sheens, etc.) noticed during well development, purging, or sampling must be reported.

⁷ The department may waive the requirement to analyze hexavalent chromium provided that total and hexavalent and trivalent chromium values do not exceed 0.05 mg/l.

TABLE 2B: BASELINE PARAMETERS: Organic Parameters¹

Common Name (and CAS number, as appropriate)²
Organic Parameters:
Acetone (67-64-1)	1,1-Dichloroethane; Ethylidene chloride (75-34-3)	Styrene (100-42-5)
Acrylonitrile (107-13-1)	1,2-Dichloroethane; Ethylene dichloride (107-06-02) 1,1-Dichloroethylene; 1,1-	1,1,1,2-Tetrachloroethane (630-20-6)
Benzene (71-43-2)	Dichloroethene; Vinylidene chloride (75-35-4)	1,1,2,2-Tetrachloroethane (79-34-5)
Bromochloromethane (74-97-5)	cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene (156-59-2)	Tetrachloroethylene; Tetrachloroethene; Perchloroethylene (127-18-4)
Bromodichloromethane (75-27-4)	trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene (156-60-2)	Toluene (108-88-3)
Bromoform; Tribromomethane	1,2-Dichloropropane; Propylene	1,1,1-Trichloroethane;
(75-25-2)	dichloride (78-87-5)	Methylchloroform (71-55-6)
Carbon disulfide (75-15-0)	cis-1,3-Dichloropropene (10061-01-5)	1,1,2-Trichloroethane (79-00-5)
Carbon tetrachloride (56-23-5)	trans-1,3-Dichloropropene (10061-02-6)	Trichloroethylene; Trichloroethene (79-01-6)
Chlorobenzene (108-90-7)	Ethylbenzene (100-41-4)	Trichlorofluoromethane; CFC-11 (75-69-4)
Chloroethane; Ethyl chloride (75-00-3)	2-Hexanone; Methyl butyl ketone (591-78-6)	1,2,3-Trichloropropane (96-18-4)
Chloroform; Trichloromethane (67-66-3)	Methyl bromide; Bromomethane (74-83-9)	Vinyl acetate (108-05-4)
Dibromochloromethane; Chlorodibromomethane (124-48-1)	Methyl chloride; Chloromethane (74-87-3)	Vinyl chloride; Chloroethene (75-01-4)
1,2-Dibromo-3-chloropropane; DBCP (96-12-8)	Methylene bromide; Dibro-momethane (74-95-3)	Xylenes (1330-20-7)
1,2-Dibromoethane; Ethylene	Methylene chloride; Dichloromethane
dibromide; EDB (106-93-4)	(75-09-2)
o-Dichlorobenzene; 1,2-	Methyl ethyl ketone; MEK; 2-
Dichlorobenzene (95-50-1)	Butanone (78-93-3)
p-Dichlorobenzene; 1,4-	Methyl Iodide; Iodomethane (74-88-4)
Dichlorobenzene (106-46-7)
trans-1,4-Dichloro-2-butene	4-Methyl-2-pentanone; Methyl
(110-57-6)	isobutyl ketone (108-10-1)

Footnotes

¹ This list contains parameters for which possible analytical procedures are provided in: 'Test Methods for Evaluating Solid Waste, Physical/Chemical Methods', EPA Publication SW-846 (Third Edition, (November 1986), as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), III (December 1996), and IIIA (April 1998) document number 955-001-00000-1), incorporated by reference in section 360.3 of this Title. 'Methods for Chemical Analysis of Water and Wastes', USEPA-600/4-79-020, March 1983, incorporated by reference in 360.3 of this Title.

² Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

TABLE 3A: EXPANDED PARAMETERS: Field Parameters, Leachate Indicators, Radionuclides, and Inorganic Parameters¹

Common Name (and CAS number, as appropriate)²
Field Parameters:	Leachate Indicators:	Inorganic Parameters: (total unless otherwise noted):	Radionuclides³
Static water level (in wells and sumps)⁴	Total Kjeldahl Nitrogen	Aluminum	Radium-226 per EPA 903.1
Specific Conductance	Ammonia (7664-41-7)	Antimony	Radium-228 per EPA 904.0
Temperature	Nitrate	Arsenic	Total Uranium per EPA 908.0
Floaters or Sinkers⁵	Chemical Oxygen Deman	d Barium
Temperature	Biochemical Oxygen Demand (BOD₅)	Beryllium
pH	Total Organic Carbon	Cadmium
Eh	Total Dissolved Solids	Calcium
Dissolved Oxygen⁶	Sulfate	Chromium
Field Observations⁷	Alkalinity	Chromium (Hexavalent)⁸
Turbidity	Phenols (108-95-2)	Cobalt
Chloride	Copper
Bromide (24959-67-9)	Cyanide
Total hardness as CaCO3	Iron
Color	Lead
Boron (7440-42-8)	Magnesium Manganese Mercury Nickel Potassium Selenium Silver Sodium Thallium Tin Vanadium Zinc

Footnotes

¹ This list contains parameters for which possible analytical procedures are provided in: 'Test Methods for Evaluating Solid Waste, Physical/Chemical Methods', EPA Publication SW-846 (Third Edition, (November 1986), as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), III (December 1996), and IIIA (April 1998) document number 955-001-00000-1), incorporated by reference in section 360.3 of this Title. 'Methods for Chemical Analysis of Water and Wastes', USEPA-600/4-79-020, March 1983, incorporated by reference in 360.3 of this Title. 'Prescribed Procedures for Measurement of Radioactivity in Drinking Water', USEPA-600/4-80-032, August 1980, incorporated by reference in section 360.3 of this Title.

³ Two sets of samples must be collected: one filtered and one unfiltered. Filtered samples must be filtered using a 0.45 micron filter via standard techniques.

⁴ Groundwater elevations in wells which monitor the same waste management area must be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determination of groundwater flow rate and direction.

⁵ Any floaters or sinkers found must be analyzed separately for baseline parameters.

⁶ Surface water only.

⁷ Any unusual conditions (colors, odors, surface sheens, etc.) noticed during well development, purging, or sampling must be reported.

⁸The department may waive the requirement to analyze hexavalent chromium provided that total and hexavalent and trivalent chromium values do not exceed 0.05 mg/l.

TABLE 3B: EXPANDED PARAMETERS: Organic Parameters¹

Common Name (and CAS number, as appropriate)²
Organic Parameters:
Acenaphthene (83-32-9)	2,4-Dichlorophenol (120-83-2)	Naphthalene (91-20-3)
Acenaphthylene (208-96-8)	2,6-Dichlorophenol (87-65-0)	1,4-Naphthoquinone (130-15-4)
Acetone (67-64-1)	1,2-Dichloropropane; Propylene dichloride (78-87-5)	1-Naphthylamine (134-32-7)
Acetonitrile; Methyl cyanide (75-05-8)	1,3-Dichloropropane; Trimethylene dichloride (142-28-9)	2-Naphthylamine (91-59-8)
Acetophenone (98-86-2)	2,2-Dichloropropane; Isopropylidene chloride (594-20-7)	o-Nitroaniline; 2-Nitroaniline (88-74-4)
2-Acetylaminofluorene; 2-AAF (53-96-3)	1,1-Dichloropropene (563-58-6)	m-Nitroaniline; 3-Nitroaniline (99-09-2)
Acrolein (107-02-8)	cis-1,3-Dichloropropene (10061-01-5)	p-Nitroaniline; 4-Nitroaniline (100-01-6)
Acrylonitrile (107-13-1)	trans-1,3-Dichloropropene (10061-02-6)	Nitrobenzene (98-95-3)
Aldrin (309-00-2)	Dieldrin (60-57-1)	o-Nitrophenol 2-Nitrophenol (88-75-5)
Allyl chloride (107-05-1)	Diethyl phthalate (84-66-2)	p-Nitrophenol; 4-Nitrophenol (100-02-7)
4- aminobiphenyl (92-67-1)	0,0-Diethyl 0-2-pyrazinyl	N-Nitrosodi-n-butylamine (924-16-3)
Anthracene (120-12-7)	cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene (156-59-2)
N-Nitrosodiethylamine (55-18-5)
Benzene (71-43-2)	trans-1,2-Dichloroethylene (156-60-2)	N-Nitrosodimethylamine (62-75-9)
Benzoanthracene; Benzanthracene (56-55-3)	Phosphorothioate; Thionazin (297-97-2)	N-Nitrosodiphenylamine (86-30-6)
Benzofluoranthene (205-99-2)	Dimethoate (60-51-5)	N-Nitrosodipropylamine; N-Nitroso-N-dipropyl-amine; Di-n-propylni-trosamine (621-64-7)
Benzofluoranthene (207-08-9)	p-(Dimethylamino)azobenzene (60-11-7)	N-Nitrosomethylethalamine (10595-95-6)
Benzoperylene (191-24-2)	7,12-Dimethylbenzanthracene (57- 97-6)	N-Nitrosopiperidine (100-75-4)
Benzopyrene (50-32-8)	3,3-Dimethylbenzidine (119-93-7)	N-Nitrosopyrrolidine (930-55-2)
Benzyl alcohol (100-51-6)	2,4-Dimethylphenol; m-Xylenol (105 67-9)	-5-Nitro-o-toluidine (99-55-8)
alpha-BHC (319-84-6)	Dimethyl phthalate (131-11-3)	Parathion (56-38-2)
beta-BHC (319-85-7)	m-Dinitrobenzene (99-65-0)	Pentachlorobenzene (608-93-5)
delta-BHC (319-86-8)	4,6-Dinitro-o-cresol 4,6- Dinitro-2-methylphenol (534-52-1)	Pentachloronitrobenzene (82-68-8)
gamma-BHC; Lindane (58-89-9)	2,4-Dinitrophenol (51-28-5)	Pentachlorophenol (87-86-5)
Bis(2-chloroethoxy)methane (111-91-1)	2,4-Dinitrotoluene (121-14-2)	Phenacetin (62-44-2)
Bis(2-chloroethyl) ether;	2,6-Dinitrotoluene (606-20-2)	Phenanthrene (85-01-8)
Dichloroethyl ether (111-44-4)
Bis-(2-chloro-1-methyl-ethyl)ether; 2,2-
Dichlorodiisopropyl ether;	Dinoseb; DNBP; 2-sec- Butyl-4,6-dinitrophenol (88-85-7)	Phenol (108-95-2)
DCIP³
Bis(2-ethylhexyl)phthalate (117 81-7)	-Di-n-octyl phthalate (117-84-0)	p-Phenylenediamine (106-50-9)
Bromochloromethane (74-97-5)	Diphenylamine (122-39-4)	Phorate (298-02-2)
Bromodichloromethane (75-27-4)	Disulfoton (298-04-4)	Polychlorinated biphenyls; PCBs; Aroclors⁴
Bromoform (75-25-2)	Endosulfan I (959-98-8)	Polychlorinated dibenzo-p- dioxins; PCDDs⁵
4-Bromophenyl phenyl ether (101-55-3)	Endosulfan II (33213-65-9)	Polychlorinated dibenzo- furans; PCDFs⁶
Butyl benzyl phthalate; Benzyl butyl phthalate (117-81-7)	Endosulfan sulfate (1031-07-8)	Pronamide (23950-58-5)
Carbon disulfide (75-15-0)	Endrin (72-20-8)	Propionitrile; Ethyl cyanide (107-12-0)
Carbon tetrachloride (56-23-5)	Endrin aldehyde (7421-93-4)	Pyrene (129-00-0)
Chlordane⁷	Ethylbenzene (100-41-4)	Safrole (94-59-7)
p-Chloroaniline (106-47-8)	Ethyl methacrylate (97-63-2)	Silvex; 2,4,5-TP (93-72-1)
Chlorobenzene (108-90-7)	Ethyl methanesulfonate (62-50-0)	Styrene (100-42-5)
Chlorobenzilate (510-15-6)	Famphur (52-85-7)	2,4,5-T; 2,4,5-trichloro-phenoxyacetic acid (93-76-5)
p-Chloro-m-cresol; 4-Chloro-3-methylphenol (59-50-7)	Fluoranthene (206-44-0)	1,2,4,5-Tetrachlorobenzene (95-94-3)
Chloroethane; Ethyl chloride (75-00-3)	Fluorene (86-73-7)	2,3,7,8-Tetrachlorodi- benzo-p-dioxin; 2,3,7,8-TCDD (1746-01-6)
Chloroform; Trichloromethane (67-66-3)	Heptachlor (76-44-8)	1,1,1,2-Tetrachloroethane (630-20-6)
2-Chloronaphthalene (91-58-7)	Heptachlor epoxide (1024-57-3)	1,1,2,2-Tetrachloroethane (79-34-5)
Tetrachloroethylene;
2-Chlorophenol (95-57-8)	Hexachlorobenzene (118-74-1)	Tetrachloroethene; Perchloroethylene (127-18-4)
4-Chlorophenyl phenyl ether (7005-72-3)	Hexachlorobutadiene (87-68-3)	2,3,4,6-Tetrachlorophenol (58-90-2)
Chloroprene (126-99-8)	Hexachlorocyclopentadiene (77-47-	4) Toluene (108-88-3)
Chrysene (218-01-9)	Hexachloroethane (67-72-1)	o-Toluidine (95-53-4)
m-Cresol; 3-methylphenol (108-39-4)	-Hexachloropropene (1888-71-7)	Toxaphene⁸
o-Cresol; 2-methylphenol (95-48-7)	2-Hexanone; Methyl butyl ketone (591-78-6)	1,2,4-Trichlorobenzene (120-82-1)
p-Cresol; 4-methylphenol (106-44-5)	Indeno(1,2,3-cd)pyrene (193-39-5)	1,1,1-Trichloroethane; Methylchloroform (71-55-6)
2,4-D; 2,4-Dichlorophen-oxyacetic acid (94-75-7)	Isobutyl alcohol (78-83-1)	1,1,2-Trichloroethane (79-00-5)
4,4-DDD (72-54-8)	Isodrin (465-73-6)	Trichloroethylene; Trichloroethene (79-01-6)
4,4-DDE (72-55-9)	Isophorone (78-59-1)	Trichlorofluoromethane; R-11 (75-69-4)
4,4-DDT (50-29-3)	Isosafrole (120-58-1)	2,4,5-Trichlorophenol (95-95-4)
Diallate (2303-16-4)	Kepone (143-50-0)	2,4,6-Trichlorophenol (88-06-2)
Dibenzanthracene (53-70-3)	Methacrylonitrile (126-98-7)	1,2,3-Trichloropropane (96-18-4)
Dibenzofuran (132-64-9)	Methapyrilene (91-80-5)	0,0,0-Triethyl phosphorothioate (126-68-1)
Dibromochloromethane;
Chlorodibromomethane (124-48-1)	Methoxychlor (72-43-5)	sym-Trinitrobenzene (99-35-4)
1,2-Dibromo-3-chloro- propane; DBCP (96-12-8)	Methyl bromide; Bromomethane (74-83-9)	Vinyl acetate (108-05-4)
1,2-Dibromoethane; Ethylene	Methyl chloride; Chloromethane (74-	Vinyl chloride; Chloroethene (75-01-
dibromide; EDB (106-93-4)	87-3)	4)
Di-n-butyl phthalate (84-74-2)	3-Methylcholanthrene (56-49-5)	Xylene (total)
o-Dichlorobenzene; 1,2-Dichlorobenzene (95-50-1)	Methyl ethyl ketone; MEK; 2-Butanone (78-93-3)	Per- and polyfluoroalkyl substances⁹
m-Dichlorobenzene; 1,3-Dichlorobenzene (541-73-1)	Methyl iodide; Iodomethane (74-88-4)	1,4-Dioxane (123-91-1)
p-Dichlorobenzene; 1,4-dichlorobenzene (106-46-7)	Methyl methacrylate (80-62-6)
3,3-Dichlorobenzidine (91-94-1)	Methyl methanesulfonate (66-27-3)
trans-1,4-Dichloro- 2-butene (110-57-6)	2-Methylnaphthalene (91-57-6)
Dichlorodifluoromethane; CFC	Methyl parathion; Parathion methyl
12 (75-71-8)	(298-00-0)
1,1-Dichloroethane; Ethyldiden	e 4-Methyl-2-pentanone; Methyl
chloride (75-34-3)	isobutyl ketone (108-10-1)
1,2-Dichloroethane; Ethylene	Methylene bromide; Dibromomethane
dichloride (107-06-2)	(74-95-3)
1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride (75-35-4)	Methylene chloride; Dichloromethane (75-09-2)

Footnotes

¹ This list contains parameters for which possible analytical procedures are provided in: 'Test Methods for Evaluating Solid Waste, Physical/Chemical Methods', EPA Publication SW-846 (Third Edition, (November 1986), as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), III (December 1996), and IIIA (April 1998) document number 955-001-00000-1), incorporated by reference in section 360.3 of this Title. 'Methods for Chemical Analysis of Water and Wastes', USEPA-600/4-79-020, March 1983, incorporated by reference in section 360.3 of this Title.

² Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

³ This substance is often called Bis(2-chloroisopropyl) ether, the name Chemical Abstracts Service applies to its noncommercial isomer, Propane, 2,2'-oxybis-chloro- (CAS RN 39638-32-9).

⁴ Polychlorinated biphenyls (1336-36-3): This category contains congener chemicals, including constituents of Aroclor 1016 (12674-11-2), Aroclor 1221 (11104-28-2), Aroclor 1232 (11097-69-1), and Aroclor 1260 (11096-82-5).

⁵ Polychlorinated dibenzo-p-dioxins: This category contains congener chemicals, including tetrachlorodibenzo-p- dioxins, pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins.

⁶ Polychlorinated dibenzofurans: This category includes congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans.

⁷ Chlordane: This entry includes alpha-chlordane (5103-71-9), beta-chlordane (5103-74-2), gamma-chlordane (5566-34-7), and constituents of chlordane (57-74-9; 12789-03-6).

⁸ Toxaphene: This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.

⁹ Per- and polyfluoroalkyl substances (PFAS): This category contains congener chemicals, including but not limited to perfluorooctanoic acid, perfluorooctanesulfonic acid, perfluorononanoic acid, perfluorohexanesulfonic acid, perfluoroheptanoic acid, perfluorobutanesulfonic acid.

(i) Leachate management plan. The leachate management plan must include:

(1) a description of how the landfill will be constructed, operated, and closed in a manner that minimizes the generation of leachate, except in those cases where the department has approved the recirculation of leachate for waste mass stabilization enhancement, and how the migration of leachate into surface water or groundwater will be prevented;

(2) a description of operational methods to minimize the occurrence of perched leachate trapped above the leachate collection and removal system and surface seeps of leachate from above-grade landfill operations;

(3) a schedule for biennial video inspection and annual maintenance of the primary and secondary leachate collection and removal system.

(4) a schedule for the monitoring and recording of the secondary leachate collection and removal system flow data to determine the presence, quantity, nature and significance of any liquid detected;

(5) a discussion of the specific design and operational features related to the system, including leachate monitoring and sampling, locations of all leachate sampling points, alarm systems and maintenance, and any required back-up equipment; and

(6) if leachate recirculation is proposed, the leachate management plan must include:

(i) a supporting geotechnical analysis evaluating the effect of leachate recirculation on the structural integrity and stability of the landfill's liner system, leachate collection and removal system, and waste mass;

(ii) a description of how increased landfill gas emissions and associated odors will be controlled;

(iii) a description of the methods and rate of leachate recirculation and addition;

(iv) procedures for recording the date and volume of recirculated leachate;

(v) a description of the operation, which addresses:

(a) the use of permeable operating cover or alternative operating cover to facilitate leachate distribution throughout the waste mass; and

(b) operational controls such as monitoring of surface seeps, liner system performance and excessive leachate head buildup, prevention of subsurface fires, odor control, and instruction for cessation of leachate recirculation and remediation of these conditions.

(j) Odor control plan. The odor control plan must include:

(1) identification of all potential sources for odors and a description of the operational procedures and strategies to be followed to effectively control odors at the facility;

(2) procedures to be taken in the event of proposed waste volume increases or changes in waste characterization that may increase landfill gas emissions or odors;

(3) identification of the landfill personnel who would be responsible for implementation of the odor control plan; and

(4) operational and design-related recommendations that can be implemented upon detection of odor control problems, including impervious membranes and interim covers in conjunction with other landfill gas control methods. The odor control plan may include but not be limited to, gas control systems that are appropriately connected to the landfill liner system's primary leachate collection and removal system (including the drainage area on the landfill's side slopes), use of horizontal gas collection lines, or the rejection or mitigation of odiferous wastes that are determined to be contributing to off-site odors.

(k) Gas monitoring and emission control plan. The gas monitoring and emission control plan must include:

(1) a description of the day-to-day operation of the landfill gas management system with respect to operation of odor and emission controls;

(2) a description of any air quality monitoring, including monitoring for fugitive landfill odor and air emissions;

(3) for a landfill with an appurtenant landfill gas-to-energy facility or other landfill gas recovery facility, a discussion of how the landfill's odor and air emission controls are integrated with a recovery facility; and

(4) a description of any applicable requirements developed pursuant to Part 208 of this Title as approved by EPA in the State Plan.

(l) Winter and inclement weather operation plan. A description of how winter and inclement weather operations will be conducted, including identification of the specific actions to be taken to prevent frost action on the liner system in places where waste will not be placed within one year of construction certification approval.

(m) Residential drop-off operation plan. A description of the operation of a residential drop-off area, if applicable, for non-commercial vehicles to unload waste and recyclables at an area other than the landfill working face.

(n) A radioactive waste detection plan. The radioactive waste detection plan must include procedures for detecting radioactive material; operation and maintenance documents for radiation detectors which address proper equipment placement for effective operation and include setting of investigation alarm setpoint settings and calibration methods; and response procedures to be implemented if radioactive waste is detected.

(o) Emergency response plan. An emergency response plan must include a description of, at a minimum, the actions to be taken in response to:

(1) uncontrolled explosive landfill gases detected on-site or beyond the property boundary;

(2) unexpected events during the construction and operation of the landfill gas management system, including the equipment to be utilized to maintain proper landfill gas venting and control when normal operations cease; and

(3) unexpected events during the subsequent construction and/or daily operation of the landfill's leachate collection and removal system.

(p) Conceptual closure, post-closure care, custodial care, and end use plan. The conceptual closure, post-closure care, custodial care, and end use plan must include:

(1) a site plan that shows proposed final contours, property lines, storm water drainage system, streams and water courses, roads, structures and, if applicable, the groundwater and leachate treatment system, air pollution control system and any active landfill gas collection system;

(2) typical details of final cover system components and facility structures;

(3) a description of how the sequential closure of areas of the landfill is expected to progress in concert with the fill progression schedule, including effects of landfill reclamation activities if proposed;

(4) an estimate of the greatest number of landfill cells which, at any given point during the lifetime of the facility, will have received waste but not undergone final closure;

(5) an estimate of the maximum volume of waste and alternative operating cover that will be contained within the landfill;

(6) sufficient information upon which to estimate closure costs and post-closure and custodial care monitoring and maintenance costs. This information must be based upon the requirements of Subpart 363-9 of this Part, including a rolling 30-year post-closure care period, and must include estimates of:

(i) quantities and costs for each component of the final cover system, including related construction costs;

(ii) the anticipated length of the post-closure care period based on the types of wastes disposed and the criteria provided in subdivision 363-9.6(a) of this Part;

(iii) post-closure operational, monitoring and maintenance costs including costs to replace system components based on predicted service life; and

(iv) custodial care monitoring and maintenance costs including costs to replace system components based on predicted service life; and

(7) a conceptual end use for the site, if proposed.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-4.6

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