N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-6.21

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

Section 363-6.21 - Equivalent design standards and use of waste as construction and operational material

(a) An applicant may propose an equivalent design for any landfill component through the submission of documentation substantiating the alternative component's ability to perform in the same manner as the component specified in this Part. Equivalency determinations are not subject to the variance requirements of section 360.10 of this Title.

(b) When the equivalent design involves the substitution of waste for components of the facility's liner or final cover system, and where it can be demonstrated that these substitutions are below the uppermost barrier layer of the final cover and above the primary composite liner, equivalency determinations are not subject to the variance requirements of section 360.10 or beneficial use requirements of section 360.12 of this Title.

(1) Equivalent design applications for the use of waste tire-derived aggregate in a leachate collection and removal system or gas venting layer must:

(i) address procedures for receipt of waste tires or waste tire-derived aggregate and on-site processing or storage;

(ii) treat the waste tire-derived aggregate as conventional construction material and comply with the landfill's design and the applicable soil drainage layer provisions of section 363-6.10 of this Part. This must include specifications for gradation analysis and permeability testing for both CQA and CQC;

(iii) specify that the waste tires or waste tire-derived aggregate are free of soil, petroleum products or other contaminants;

(iv) specify that waste tires must be processed in a manner to keep exposed wires to no more than three inches;

(v) specify that waste tires or waste tire-derived aggregate that were exposed to fire are not processed for use under this paragraph;

(vi) specify that the leachate collection and removal system or gas venting layer must incorporate an appropriately specified 12-inch layer of soil or stone between any geomembrane or GCL and a waste tire-derived aggregate layer; and

(vii) demonstrate that the final thickness of the combined soil and waste tire-derived aggregate layers after compression will be a minimum of 24 inches.

(c) Use of waste as an alternative to operating cover.

(1) The department may approve the use of waste as an alternative operating cover (AOC) if the material is capable of meeting the performance criteria for operating cover as specified in section 363-7.1(b) of this Part. Approval of the use of waste as an AOC is not subject to the variance requirements of section 360.10 of this Title.

(2) All wastes intended to be used as AOC must receive written department approval prior to their use. As a condition of approval, the department may require a sampling and analysis plan, including parameters to be tested, test methods, and frequency of testing to ensure compliance with paragraph (1) of this subdivision. Unless otherwise approved by the department, proposals to use AOC must meet the following requirements:

(i) All proposals to use automobile shredder residue as AOC must provide analytical data demonstrating that the automobile shredder residue does not contain total PCBs concentrations greater than 50 parts per million. The data must include quarterly analysis for PCB concentrations from each generator.

(ii) All proposals to use C&D debris as AOC must demonstrate that the concentration of sulfate does not exceed 0.5 percent by weight.

(d) Use of other non-waste materials as an alternative to operating cover. The department may approve the use of materials as AOC upon demonstration that the materials meet the requirements of section 363-7.1(b) of this Part. Approval of the use of non-waste materials as an AOC is not subject to the variance requirements of section 360.10 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-6.21

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