N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-9.6

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

Section 363-9.6 - Post-closure care & custodial care

(a) Post-closure care. A facility's post-closure care period continues until the owner or operator can demonstrate to the department's satisfaction that the threat to public health and the environment has been reduced to a level where environmental monitoring and maintenance can be reduced.

(1) Operating requirements. In lieu of the operating requirements set forth in section 360.19 of this Title, all closed landfills regulated under this Part which are within their post-closure care period must conform to the operation requirements in this section, unless otherwise approved by the Department based on unique circumstances associated with the landfill.

(i) Maintenance of all slopes, vegetation, drainage structures, gas venting structures, access roads, fencing and gates is required.

(ii) Maintenance of the integrity and effectiveness of any final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover.

(iii) Vegetative cover must be established on all final cover areas within four months after placement. If this cannot be achieved due to seasonal constraints, measures must be taken to ensure the integrity of the final cover system until the establishment of vegetative cover. Throughout the post-closure care period, the vegetative cover must be maintained and must be mowed at least once a year, unless otherwise approved by the department.

(iv) Environmental and facility monitoring points, including gas monitoring points, must be maintained and sampled. This must include:

(a) post-closure explosive gas monitoring to determine if the facility meets the requirements of subdivision 363-7.1(e) of this Part at least quarterly for a minimum period of five years. After this five-year period, the permittee may request that the department modify the sampling and analysis requirements. If post-closure explosive gas monitoring indicates explosive gas levels exceed the requirements of subdivision 363-7.1(e) of this Part, appropriate actions must be taken and the department must be notified within 24 hours;

(b) annual baseline and quarterly routine monitoring as described in section 363-4.6 of this Part must be performed on groundwater, surface water, and leachate samples for the duration of the post-closure period. The owner or operator may petition the department for a reduction in monitoring frequency after five years of post-closure monitoring; and

(c) a description of type and location of sampling, sample preservation methodology, a well condition survey, and recordkeeping and reporting requirements for all environmental monitoring activities.

(v) The leachate collection system must be maintained and operated in accordance with section 363-7.1(f) and (g) of this Part. Leachate management activities include proper maintenance of all leachate controls, recording of the total volume of leachate stored at and removed from the facility, evaluation of liner performance, and leachate sampling and analysis.

(vi) Any installed active landfill gas collection system must be maintained and operated in accordance with section 363-7.1(e).

(vii) Quarterly inspections and inspections after seismic events of sufficient intensity which may adversely affect the integrity of the final cover system and major rainfall events (all 24-hour, five-year storms) must be performed on all facility components during the post-closure care period.

(viii) Any end use of the property must not disturb the integrity of the final cover, liners, any other components of the containment system, or the function of the monitoring or environmental control systems.

(ix) An annual report must be submitted as required by section 360.19 of this Title, and must include the results of maintenance, monitoring, quarterly inspections, and inspections after seismic events of sufficient intensity which may adversely affect the integrity of the final cover system and major rainfall events required in this subdivision.

(x) A report that includes all sampling and analysis results for all environmental and facility monitoring must be submitted at a frequency specified in subparagraph (iv) of this paragraph.

(xi) The landfill must maintain financial assurance in an amount sufficient to cover the cost of post-closure care, custodial care, and corrective measures, if required, as specified by this Subpart and section 360.22 of this Title.

(2) Post-closure care plan. The owner or operator must submit a final post-closure care plan to the department for approval prior to the last receipt of waste and at least every five years during the post-closure care period. The plan must provide:

(i) a description of the actions to be taken to implement paragraph (1) of this subdivision as appropriate;

(ii) a description of resource requirements including:

(a) minimum number of personnel and required qualifications; and

(b) minimum equipment needs;

(iii) the name, address and telephone number of the person or office to contact regarding post-closure care, and corrective measures concerns during the post-closure period;

(iv) a summary of financial assurance criteria that must be addressed to remain in compliance with the provisions of section 360.22 of this Title;

(v) a description of the planned uses of the property during and after the post-closure period; and

(vi) a list of any changes to the approved post-closure plan by topic, author, date of submittal, and date approved by the department from the time of original closure plan approval.

(b) Custodial care. A facility's custodial care period begins when the owner or operator demonstrates to the department's satisfaction that the facility poses a significantly reduced threat to public health and the environment and that environmental monitoring and maintenance can be reduced.

(1) Operating requirements. In lieu of the operating requirements set forth in section 360.19 of this Title, all closed landfills regulated under this Part, which are within their custodial care period, must conform to the operation requirements in this section, unless otherwise approved by the Department based on unique circumstances associated with the landfill.

(i) Maintenance of all slopes, vegetation, drainage structures, gas venting structures, access roads, fencing and gates is required.

(ii) Maintenance of the integrity and effectiveness of any final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover.

(iii) Vegetative cover must be maintained and must be mowed at least once a year, unless otherwise approved by the department.

(iv) Environmental and facility monitoring points must be maintained and sampled. This must include:

(a) baseline monitoring, as described in section 363-4.6 of this Part, which must be performed on groundwater, surface water, and leachate samples once every five years; and

(b) a description of type and location of sampling, sample preservation methodology, a well condition survey, and recordkeeping and reporting requirements for all environmental monitoring activities.

(v) The gas venting system must be maintained and operated. If odors constitute a nuisance as determined by the department, an active gas collection system must be operated.

(vi) Annual inspections and inspections after seismic events of sufficient intensity which may adversely affect the integrity of the final cover system and major rainfall events (24-hour, five-year storms) must be performed on all facility components.

(vii) An annual report must be submitted as required by 360.19, and must include the results of all maintenance, monitoring, and inspection activities as well as proposed changes to end use.

(viii) The landfill must maintain financial assurance in an amount sufficient to cover the cost of custodial care and corrective measures, if required, as specified by this Subpart and section 360.22 of this Title.

(2) Custodial care plan. The owner or operator must submit a final custodial care plan to the department upon determination that the landfill's post-closure period is complete. The custodial care plan at a minimum must provide:

(i) a description that documents actions to be taken to implement paragraph (1) of this subdivision assuring the effectiveness and reliability of the components of the landfill's waste containment system and appurtenances and associated end use controls that have been determined necessary to protect public health and the environment;

(ii) a description of support requirements necessary to implement the custodial care plan, including:

(a) minimum number of personnel and required qualifications;

(b) minimum equipment needs;

(iii) the name, address and telephone number of the person or office to contact regarding custodial care, and corrective measures concerns during the custodial care period; and

(iv) a summary of financial assurance criteria that must be addressed to remain in compliance with the provisions of section 360.22 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-9.6

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