N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.11

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

Section 373-3.11 - Surface impoundments

(a)Applicability.

The regulations in this section apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as section 373-3.1(a) of this Subpart provides otherwise.

(b)Action leakage rate.

(1) The owner or operator of surface impoundment units subject to paragraph (i)(1) of this section must submit a proposed action leakage rate to the commissioner when submitting the notice required under paragraph (i)(2) of this section. Within 60 days of receipt of the notification, the commissioner will: establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this subdivision; or extend the review period for up to 30 days. If no action is taken by the commissioner before the original 60 or extended 90 day review period ends, the action leakage rate will be approved as proposed by the owner or operator.

(2) The commissioner shall approve an action leakage rate for surface impoundment units subject to paragraph (i)(1) of this section. The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must allow for decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(3) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under paragraph (e)(2) of this section, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and if the unit closes in accordance with subparagraph (f)(1)(ii) of this section, monthly during the post-closure care period when monthly monitoring is required under paragraph (e)(2) of this section.

(c)Containment system.

All earthen dikes must have a protective cover, such as grass, shale or rock, to minimize wind and water erosion and to preserve their structural integrity.

(d)Waste analyses and trial tests.

(1) In addition to the waste analysis required by section 373-3.2(d) of this Subpart, whenever a surface impoundment is to be used to:

(i) chemically treat a hazardous waste which is substantially different from waste previously treated in that impoundment; or

(ii) chemically treat hazardous waste with a substantially different process than any previously used in that impoundment; the owner or operator must, before treating the different waste or using the different process:

(a) conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests); or

(b) obtain written, documented information on similar treatment of similar waste under similar operating conditions; to show that this treatment will comply with section 373-3.2(h)(2) of this Subpart.

Note:

As required by section 373-3.2(d) of this Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (g) and (h) of this section. As required by section 373-3.5(c) of this subpart, the owner or operator must place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.

(e)Monitoring and inspection.

(1) The owner or operator must inspect:

(i) the freeboard level, at least once each operating day, to ensure compliance with paragraphs (i)(6) and (7) of this section; and

(ii) the surface impoundment, including dikes and vegetation surrounding the dike, at least once a week, to detect any leaks, deterioration, or failures in the impoundment.

Note:

As required by section 373-3.2(f)(3) of this Subpart, the owner or operator must remedy any deterioration or malfunction the owner or operator finds.

(2)

(i) An owner or operator required to have a leak detection system under paragraph (i)(1) of this section must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

(ii) After the final cover is installed, the amount of liquid removed from each leak detection system sump must be recorded at least monthly. If the liquid level in any sump stays below its pump operating level for two consecutive months, the amount of liquid in the sump must be recorded at least quarterly. If the liquid level in the sump stays below its pump operating level for two consecutive quarters, the amount of liquid in the sump must be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of the amount of liquid removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.

(iii) Pump operating level is a liquid level proposed by the owner or operator and approved by the commissioner based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed pump operating level will be accordance with paragraph (b)(1) of this section.

(f)Closure and post-closure care.

(1) At closure, the owner or operator must:

(i) remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 371.1(d)(4) of this Title applies; or

(ii) close the impoundment and provide post-closure care for a landfill under sections 373-3.7 and 373-3.14(d) of this Subpart, including the following:

(a) eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;

(b) stabilize remaining wastes to a bearing capacity sufficient to support the final cover; and

(c) cover the surface impoundment with a final cover designed and constructed to:

(1) provide long-term minimization of the migration of liquids through the closed impoundment;

(2) function with minimum maintenance;

(3) promote drainage and minimize erosion or abrasion of the cover;

(4) accommodate settling and subsidence so that the cover's integrity is maintained; and

(5) have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(2) In addition to the requirements of section 373-3.7 and section 373-3.14(d) of this Subpart, during the post-closure care period, the owner or operator of a surface impoundment in which wastes, waste residues, or contaminated materials remain after closure in accordance with the provisions of subparagraph (1)(ii) of this subdivision must:

(i) maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion, or other events;

(ii) maintain and monitor the leak detection system in accordance with section 373-2.11(b)(3)(ii)(d) and (b)(3)(iii) of this Part, and paragraph (e)(2) of this section, and comply with all other applicable leak detection system requirements of this Subpart;

(iii) maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of section 373-3.6 of this Subpart; and

(iv) prevent run-on and runoff from eroding or otherwise damaging the final cover.

(g)Special requirements for ignitable or reactive waste.

(1) Ignitable or reactive waste must not be placed in a surface impoundment unless the waste and impoundment satisfy all applicable requirements of Part 376 of this Title; and

(i) the waste is treated, rendered or mixed before or immediately after placement in the impoundment, so that:

(a) the resulting waste, mixture or dissolution of material no longer meets the definition of ignitable or reactive waste under section 371.3(b) or (d) of this Title; and

(b) section 373-3.2(h)(2) of this Subpart is complied with;

(ii)

(a) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react;

(b) the owner or operator obtains a certification from a qualified chemist or engineer that, to the best of his or her knowledge and opinion, the design features or operating plans of the facility will prevent ignition or reaction; and

(c) the certification and the basis for it are maintained at the facility; or

(iii) the surface impoundment is used solely for emergencies.

(h)Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials (see Appendix 29, infra, for examples) must not be placed in the same surface impoundment, unless section 373-3.2(h)(2) of this Subpart is complied with.

(i)Design and operating requirements.

(1) The owner or operator of each new surface impoundment unit, each lateral expansion of a surface impoundment unit, and each replacement of an existing surface impoundment unit must install two or more liners and a leachate collection and removal system between the liners, and operate the leachate collection and removal system, in accordance with section 373-2.11(b)(3) of this Part, unless exempted under section 373-2.11(b)(4), (5), or (6) of this Part.

(2) The owner or operator of each unit referred to in paragraph (1) of this subdivision must notify the commissioner at least 60 days before receiving the waste. The owner or operator of each facility submitting notice must file a Part 373 permit application within six months of the commissioner's receipt of such notice.

(3) The owner or operator of any replacement surface impoundment unit is exempt from paragraph (1) of this subdivision if:

(i) the existing unit was constructed in compliance with the design standards of section 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act (see section 370.1[e] of this Title); and

(ii) there is no reason to believe that the liner is not functioning as designed.

(4) The double liner requirement set forth in paragraph (1) of this subdivision may be waived by the commissioner for any monofill, if:

(i) the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in section 371.3(e) of this Title, with EPA hazardous waste numbers D004 through D017; and

(ii)

(a)

(1) the monofill has at least one liner for which there is no evidence that such liner leaking. For the purposes of this paragraph, the term liner means a liner designed, constructed, installed and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of paragraph (1) of this subdivision on the basis of a liner designed, constructed, installed and operated to prevent hazardous waste from passing beyond the liner, at the closure of the impoundment the owner or operator must remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment must comply with appropriate post-closure requirements, including but not limited to ground-water monitoring and corrective action;

(2) the monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in section 370.2[b] of this Title); and

(3) the monofill is in compliance with generally applicable ground-water monitoring requirements for facilities with Part 373 permits; or

(b) the owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

(5) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of paragraph (1) of this subdivision, the commissioner, when issuing the first permit, will not require that a new liner or leachate collection system be installed, unless the commissioner has reason to believe the liner is leaking.

(6) A surface impoundment must maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action, or a storm. Except as provided in paragraph (7) of this subdivision, there must be at least 60 centimeters (two feet) of freeboard.

(7) A freeboard level less than 60 centimeters (two feet) may be maintained if the owner or operator obtains certification by a qualified engineer that alternate design features or operating plans will, to the best of his or her knowledge and opinion, prevent overtopping of the dike. The certification, along with a written identification of alternate design features or operating plans preventing overtopping, must be maintained at the facility.

(8) Surface impoundments that are newly subject to RCRA section 3005(j)(1) (see section 370.1[e] of this Title) due to the promulgation of additional listings or characteristics for the identification of hazardous waste must be in compliance with paragraphs (1), (3), and (4) of this subdivision not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period shall not be cut short as the result of the promulgation of land disposal prohibitions under Part 376 of this Title or the granting of an extension to the effective date of a prohibition pursuant to section 376.1(e) of this Title, within this 48-month period.

(j)Containment system.

All earthen dikes must have a protective cover, such as grass, shale, or rock, to minimize wind and water erosion and to preserve their structural integrity.

(k)Response actions.

(1) The owner or operator of surface impoundment units subject to paragraph (i)(1) of this section must develop and keep on-site, until closure of the facility, a response action plan. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (2) of this subdivision.

(2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

(i) notify the department in writing of the exceedance within seven days of the determination;

(ii) submit a preliminary written assessment to the commissioner within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;

(iii) determine to the extent practicable the location, size, and cause of any leak;

(iv) determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, controls, and whether or not the unit should be closed;

(v) determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and

(vi) within 30 days after the notification that the action leakage rate has been exceeded, submit to the commissioner the results of the analyses specified in subparagraphs (iii)-(v) of this paragraph, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the commissioner a report summarizing the results of any remedial actions taken and actions planned.

(3) To make the leak and/or remediation determinations in subparagraphs (iii)-(v) of this paragraph, the owner or operator must:

(i)

(a) assess the source of liquids and amounts of liquids by source;

(b) conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and

(c) assess the seriousness of any leaks in terms of potential for escaping into the environment; or

(ii) document why such assessments are not needed.

(k)Air emission standards.

The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of sections 373-3.28 and 373-3.29 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.11

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020