N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-9.3

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

Section 363-9.3 - Closure

(a) A final cover system must be installed on any landfill cell that has achieved final grades in accordance with Subpart 363-6 of this Part within five years of attaining final grades, except as required by subdivision 363-9.3(b) of this section.

(b) The owner or operator must complete final closure of the landfill by completing installation of the final cover system within 365 days of final receipt of waste unless an extension is approved in the landfill's closure plan.

(c) A facility closure plan must be submitted to the department at least 180 days before commencement of construction of final facility closure that:

(1) meets the requirements of this Subpart and section 363-4.6(p) of this Part;

(2) addresses unacceptable environmental impacts identified in the closure site investigation report required in section 363-9.2 of this Subpart;

(3) provides an estimate of the facility area to be covered;

(4) provides an estimate of the inventory of waste in the facility;

(5) provides a closure construction schedule; and

(6) provides amended closure, post-closure care, and custodial care cost estimates.

(d) Financial assurance for closure, post-closure care, and custodial care must be amended in accordance with Subpart 360.22 of this Part.

(e) An updated deed restriction that meets the requirements of section 363-7.1(r) must be submitted to the department with the facility closure plan.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-9.3

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