N.Y. Comp. Codes R. & Regs. tit. 6 § 382.23

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

Section 382.23 - Additional siting criteria for underground mined repositories

In addition to the requirements of section 382.21 of this Part, any site used for an underground mined repository must meet the requirements of this section.

(a) General. The site must include a buffer zone on all sides of the underground mined repository of sufficient thickness to protect the underground mined repository from accidental disturbance or penetration from outside intrusion and to allow for redundant monitoring.

(b) Surface water and hydrology. The underground mined repository's surface facilities must not be placed in a 100-year floodplain, coastal erosion 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).

(c) Groundwater and hydrogeology.

(1) The present and projected local and regional groundwater flow systems must be capable of being defensibly characterized, modeled and analyzed.

(2) The disposal site must not be located in an area where subsurface hydrogeologic processes, such as dissolution, occur with such frequency and extent as to adversely affect the ability of the underground mined repository to meet the performance objectives of sections 382.10 -382.15 of this Part.

(d) Geology.

(1) The geologic formations and hydrogeologic features of the site must permit the safe construction, operation and closure of an underground mined repository.

(2) The geologic unit in which the underground mined repository is to be located must have adequate thickness and lateral extent to contain the disposal units.

(3) The geologic unit in which the underground mined repository is to be located must not contain features, such as faults, fractures or other discontinuities, which could adversely affect the underground mined repository's ability to meet the performance objectives of sections 382.10 - 382.15 of this Part.

(4) The site must be located in an area where subsidence and related impacts will not adversely affect the underground mined repository's ability to meet the performance objectives of sections 382.10 -382.15 of this Part.

(5) The site must not be located where any instability may develop in the geologic unit that may adversely affect the ability of the underground mined repository to meet the performance objectives of sections 382.10 -382.15 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 382.23