N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-6.5

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

Section 375-6.5 - Soil cleanup objectives for the protection of groundwater

(a) Applicability. Except as provided in paragraphs (1) and (2) of this subdivision, the protection of groundwater soil cleanup objectives are applicable at restricted use sites where contamination has been identified in on-site soil by the remedial investigation and groundwater standards are, or are threatened to be, contravened by the presence of soil contamination at concentrations above the protection of groundwater soil cleanup objectives.

(1) The protection of groundwater soil cleanup objectives may not be applicable where:

(i) the groundwater standard contravention is the result of an on-site source which is addressed by the remedial program;

(ii) an environmental easement will be put in place which provides for a groundwater use restriction on the site as set forth in section 375-1.8(h)(2) of this Part;

(iii) the department determines that contaminated groundwater at the site:

(a) is not migrating, or likely to migrate, off-site; or

(b) is migrating, or is likely to migrate, off-site, however, the remedy includes controls or treatment to address off-site migration; and

(iv) the department determines the groundwater quality will improve over time.

(2) The protection of groundwater soil cleanup objectives are not applicable if the contravention of groundwater standards at the site is determined to be the result of an off-site source, as set forth in section 375-1.8(d)(2) of this Part.

(b) Soil cleanup objectives. The protection of groundwater soil cleanup objectives are in Table 375-6.8(b) of this Subpart in the protection of groundwater column.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-6.5