N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-4.8

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

Section 375-4.8 - Remedial program

(a) A restoration investigation project includes the remedial investigation, the alternatives analysis report and the department record of decision. The municipality must implement the department-approved remedial investigation work plan, and any revisions thereto.

(b) The goal of the program for a specific site is to select a remedy that is protective of public health and the environment, including, but not limited to, groundwater according to its classification pursuant to ECL 17-0301, drinking water, surface water and air (including indoor air), sensitive populations, including children and ecological resources, including fish and wildlife. At a minimum, the remedy selected shall eliminate or mitigate all significant threats to the public health and to the environment presented by contaminants disposed at the site through the proper application of scientific and engineering principles.

(c) Application of the soil cleanup objectives.

(1) The remedial program for soils at a site must utilize soil cleanup objectives that are protective of public health and the environment. The remedial party, subject to department approval, may:

(i) utilize the soil cleanup objectives, as set forth in section 375-6.8 of this Part;

(ii) develop or modification of site specific soil cleanup objectives, as set forth in section 375-6.9 of this Part; or

(iii) propose site-specific soil cleanup objectives which are protective of public health and the environment.

(2) The soil component of the remedial program will consider the soil cleanup objectives for unrestricted use, as set forth in Table 375-6.8(a) of this Part, as representative of pre-disposal conditions for remedial programs proceeding as set forth in subparagraph (1)(i) or (ii) of this subdivision, unless an impact to ecological resources has been identified.

(3) Cleanup objectives for other media. The threat to public health and the environment resulting from contamination in all other environmental media shall be:

(i) evaluated in the development of remedial alternatives in the alternatives analysis to ensure that the remedial program meets the requirements of this section and section 375-1.8 of this Part.

(d) Alternative analysis.

(1) An alternatives analysis shall be conducted by the municipality that develops and evaluates, using the factors set forth in section 375-1.8(f) of this Part, alternatives for all contaminated media identified by the remedial investigation of the site.

(2) Where soil contamination above the unrestricted soil cleanup objectives is identified by the remedial investigation, the alternatives analysis:

(i) shall develop and evaluate one or more alternatives that achieve the unrestricted soil cleanup objectives; and

(ii) may evaluate one or more alternatives that achieve a restricted use of the site which may be proposed by the municipality. Where a restricted use is proposed in the alternatives analysis, the municipality shall:

(a) develop and evaluate alternatives, to achieve the restricted use proposed by the municipality; and

(b) develop and evaluate other alternatives, if directed by the department, which will achieve the same use or a less restricted use of the site than that proposed by the municipality.

(3) The department may approve a remedial program for soil that:

(i) utilizes different soil cleanup objectives between different areas of a site, provided such areas can be defined and described in the environmental easement and the necessary institutional and engineering controls can be effectively imposed, implemented, operated, monitored and maintained in accordance with the department-approved site management plan;

(ii) considers site specific background concentrations or the location of a site in areas of historic fill in the development of the remedy; or

(iii) achieves a cleanup which is more stringent than the current, intended and reasonably anticipated future land uses of the site and its surroundings.

(4) The department shall select the remedy for the site from:

(i) the alternatives developed and evaluated by the alternatives analysis; or

(ii) an alternative or alternatives developed by the department in addition to those presented by the alternatives analysis.

(e) Remedy selection. The process of selecting a remedy shall be consistent with the requirements of section 375-1.8(f) of this Part and shall be documented in a record of decision, which includes the information identified below:

(1) The location and description of the site.

(2) A history of the operation of the site.

(3) The current environmental and public health status of the site.

(4) An enforcement history of the site.

(5) The specific goals and objectives of the remedy selected for the site.

(6) A description and evaluation of the alternatives considered, except in the case of no further action remedies.

(7) A summary of the basis for the department's decision.

(8) A description of the selected remedy, including the site management requirements and an identification of any necessary institutional and engineering controls.

(9) A list of the documents the department used in its decisionmaking.

(10) A responsiveness summary.

(f) Remediation. An environmental restoration remediation project includes the design and implementation of the remedial action for the site that the department selected in the record of decision.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-4.8