N.Y. Comp. Codes R. & Regs. tit. 6 § 382.22

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

Section 382.22 - Additional siting criteria for aboveground and belowground disposal

In addition to the requirements of section 382.21 of this Part, any site used for aboveground or belowground disposal of waste must meet the requirements of this section.

(a) Surface waters and hydrology.

(1) The disposal site must not be in a 100-year flood plain, coastal hazard area or wetland, as defined in Executive Order 11988, Floodplain Management Guidelines, 42 Fed. Reg. 26951 (1977) (see section 382.99 of this Part).

(2) The disposal site must not be located in a freshwater wetland designated pursuant to ECL article 24, a tidal wetland designated pursuant to ECL article 25, a coastal erosion hazard area identified pursuant to ECL article 34, or a flood hazard area as determined by the Federal Emergency Management Agency pursuant to 42 USC 4001 et seq. (see section 382.99 of this Part).

(3) The surface contours and drainage systems of the disposal site must ensure that the site is well-drained and free of areas of flooding or frequent ponding at all times.

(4) The site must not be located in areas where the surface runoff could expose, erode or inundate the disposal units.

(b) Groundwater and hydrogeology.

(1) The disposal site must have sufficient depth to the water table that groundwater intrusion, perennial or otherwise, will not contact the disposal units. An exception to this requirement that would allow disposal below the water table may be approved by the department if it can be conclusively shown that disposal site characteristics will result in molecular diffusion being the predominant means of radionuclide movement and the rate of movement will result in compliance with the performance objectives of sections 382.10 -382.15 of this Part. In no case will the waste disposal units be permitted in the zone of fluctuation of the water table.

(2) The site must not be located immediately above the Long Island aquifer, any primary public water supply aquifer, or a principal aquifer designated by the department.

(c) Geology and soils. The site must not be located where surface and subsurface geologic conditions or processes such as mass wasting, subsidence, erosion, solutioning, slumping, landsliding or weathering occur with such frequency and extent to adversely affect the ability of the land disposal facility to meet the performance objectives of sections 382.10 -382.15 of this Part or to preclude defensible modeling and prediction of long-term impacts.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 382.22