N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-6.7

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

Section 375-6.7 - Other considerations and media

(a) Soil vapor and vapor intrusion.

(1) The soil cleanup objectives presented in this Subpart do not account for the impact of concentrations of contaminants in soil relative to soil vapor or vapor intrusion attributable to a remedial site.

(2) The nature and extent of any contamination of the soil vapor media, if present at the site, will be evaluated by the remedial investigation.

(3) The remedy will be protective for soil vapor and vapor intrusion and shall address through appropriate removal or engineering controls the migration of contaminants in soil and groundwater at levels which could impact the indoor air of buildings.

(b) Surface water and sediments.

(1) The soil cleanup objectives presented in this Subpart do not account for the impact of contaminants in soil relative to surface water and surface water sediments attributable to a remedial site.

(2) The nature and extent of any contamination of the surface water and sediment, if present at the site, will be evaluated by the remedial investigation.

(3) The remedy for a site will eliminate or mitigate the threat to public health and the environment from contaminated surface water and surface water sediments and shall, to the extent feasible:

(i) remove, contain or treat the source of a discharge of contaminants from the site to the surface water and sediments;

(ii) address through appropriate removal or engineering controls the migration of contaminants in soil and groundwater at levels which could impact the water quality or adversely impact the sediments of a surface water body on or adjacent to the site; and

(iii) remove, contain or treat the impacted surface water and surface water sediments based upon the cleanup objectives developed for the remedial program.

(c) Adjacent residential properties.

(1) The soil cleanup objectives presented for commercial or industrial use in this Subpart do not directly account for the impact of concentrations of contaminants in soil relative to adjacent residential properties attributable to a remedial site.

(2) The remedy for a site using the commercial or industrial soil cleanup objectives will be protective of adjacent residential properties and shall address, through appropriate removal or engineering controls, the migration of contaminants in soil which could impact residential properties adjacent to the site.

(d) Soil covers and backfill.

(1) Soil brought to the site for use as a soil cover or backfill must:

(i) be comprised of soil or other unregulated material as set forth in Part 360 of this Title;

(ii) not exceed the applicable soil cleanup objectives for the use of the site, as set forth in Table 375-6.8(a) or (b) of this Subpart, as follows:

(a) for unrestricted use sites, as set forth in Table 375-6.8(a) of this Subpart;

(b) for residential, restricted-residential, and commercial use sites use the lower of the protection of groundwater or the protection of public health soil cleanup objectives, for the identified use of the site as set forth in Table 375-6.8(b) of this Subpart;

(c) for industrial use sites, use the lower of the protection of groundwater or the protection of public health soil cleanup objectives for commercial use as set forth in Table 375-6.8(b) of this Subpart;

(d) for restricted use sites where an ecological resource that constitutes an important component of the environment is determined to be present, the protection of ecological resources soil cleanup objective must also be considered, so as not to preclude the growth and development of plants and soil dwelling organisms nor inhibit the activity of burrowing organisms; or

(e) a site specific modification to a soil cleanup objective, as set forth in section 375-6.9(c) of this Subpart, may also be utilized in compliance with clauses (a) through (d) of this subparagraph.

(2) Analytical data is required to demonstrate that the material complies with the requirements of paragraph (1) of this subdivision. The number of samples required to confirm compliance will be approved in the work plan. The department may issue a site specific exemption for the analytical testing requirements, based upon documentation of the origin and composition of the material.

(3) The department may issue a site specific exemption for one or more of the requirements set forth in paragraph (1) of this subdivision, based upon site specific conditions, including but not limited to, the following:

(i) the use and redevelopment of the site;

(ii) the depth of placement of the backfill material;

(iii) the depth of placement of the backfill material relative to groundwater;

(iv) the volume of backfill material;

(v) the potential for odor from the backfill material;

(vi) the presence of historic fill in the vicinity of the site;

(vii) a department issued beneficial use determination, pursuant to Part 360 of this Title; or

(viii) background levels of contamination in areas surrounding the site.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-6.7