N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-1.9

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

Section 383-1.9 - Transition

Except as otherwise provided in this Part, the following constitute the transition rules for this Part.

(a) Existing authorized land disposal facilities.

(1) This section applies to a land disposal facility having a permit or other authorization pursuant to Part 380 of this Title in effect on the day before the effective date of this Part. Nothing in this section shall be construed to limit or prohibit department-initiated modification of such a permit under the provisions of Part 621 of this Title.

(2) Each land disposal facility permit or other authorization in effect on the day before the effective date of this Part is hereby continued until the expiration date thereof or, if there is no expiration date, until the termination of such permit or authorization by further action of the department.

(3) The land disposal facility must comply with the conditions of the permit or other authorization and the regulations in effect on the day before the effective date of this Part for the duration of that permit or authorization. In the event of renewal, the application shall be treated as a new application under Part 380 of this Title or this Part, whichever is applicable.

(4) The requirements of Subparts 383-2 through 383-15 of this Part are not applicable to facilities that were constructed pursuant to a permit or other authorization in effect on the day before the effective date of this Part except to the extent those requirements are made applicable by permit modification pursuant to Part 621 of this Title.

(b) Existing facilities currently in violation. A land disposal facility constructed, operated, or closed in violation of the regulations in effect on the day before the effective date of this Part is subject to the requirements of this Part as of its effective date. Each enforcement action pending on the day before the effective date of this Part is hereby continued, and the standards for compliance shall be those contained in this Part.

(c) Existing facilities for which valid permits or other authorizations were not required to be in effect on the day before the effective date of this Part. This subdivision pertains only to land disposal facilities existing on the effective date of this Part that did not require a permit or other authorization to be in effect on the day before the effective date of this Part. For such facilities:

(1) The owner or operator must submit to the department within six months of the effective date of this Part a letter that references this paragraph and describes the location, size, and the type of disposal facility in existence on the effective date of this Part, the sources of the waste, the form and volume of the waste, the radionuclides disposed of, and the current activity of each, and the existing environmental monitoring measures in place. The letter must be sent by certified mail return receipt requested and the following words must be placed on the outside of the envelope: "Part 383 facility notification enclosed";

(2) The department will acknowledge receipt of the letter in writing and may request additional information from the facility owner or operator relative to the need to determine whether the applicability of any of the provisions of this Part is necessary in order to prevent or eliminate adverse environmental impacts attributable to the land disposal facility;

(3) On the basis of this information, the department shall determine whether any such provisions are applicable, and if so, shall proceed to the issuance of an appropriate order following the procedures of Part 622 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-1.9