N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-6.4

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

Section 375-6.4 - Restricted use soil cleanup objectives for the protection of public health

(a) Applicability. A protection of public health soil cleanup objective is applicable for the protection of public health at every restricted use site where contamination has been identified in soil above the residential use soil cleanup objectives for a compound included in Table 375-6.8(b) of this Subpart, and the department has determined that remediation is required to protect public health.

(b) Soil cleanup objectives. Protection of public health soil cleanup objectives have been developed for:

(1) Residential use, as set forth in section 375-1.8(g)(2)(i) of this Part. The residential use soil cleanup objectives are presented in the protection of public health-residential use column of Table 375-6.8(b) of this Subpart.

(2) Restricted-residential use, as set forth in section 375-1.8(g)(2)(ii) of this Part. The restricted- residential use soil cleanup objectives are presented in the protection of public health, restricted-residential use column of Table 375-6.8(b) of this Subpart.

(3) Commercial use, as set forth in section 375-1.8(g)(2)(iii) of this Part. The commercial use soil cleanup objectives are presented in the protection of public health-commercial use column of Table 375-6.8(b) of this Subpart.

(4) Industrial use, as set forth in section 375-1.8(g)(2)(iv) of this Subpart. The industrial use soil cleanup objectives are presented in the protection of public health-industrial use column of Table 375-6.8(b) of this Subpart.

(c) Selection of the restricted use soil cleanup objectives. In addition to the protection of public health soil cleanup objective for the identified use of the site, protection of groundwater and ecological resources soil cleanup objectives shall be considered where applicable. The contaminant-specific soil cleanup objectives for the soil cleanup component of the remedial program shall be the lowest of the applicable contaminant-specific soil cleanup objectives which are identified for the site as set forth in paragraphs (1) through (3) of this subdivision.

(1) The protection of groundwater soil cleanup objectives in Table 375-6.8(b) of this Subpart will be applicable to the site and evaluated in determining the soil cleanup objectives for a site as set forth in section 375-6.5 of this Subpart.

(2) The protection of ecological resources soil cleanup objectives in Table 375-6.8(b) of this Subpart will be applicable to the site and evaluated in determining the soil cleanup objectives in section 375-6.6 of this Subpart.

(3) The protection of public health soil cleanup objective for the current, intended and reasonably anticipated future use of the site in Table 375-6.8(b) of this Subpart, will be applicable and evaluated in determining the soil cleanup objectives for every site, unless a site-specific soil cleanup objective is proposed.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-6.4