N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-10.4

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

Section 383-10.4 - Environmental monitoring

(a) Requirements for environmental monitoring.

(1) The applicant must submit an environmental monitoring plan as part of the complete permit application.

(2) The permittee must establish and conduct an environmental monitoring program as required by this section and in accordance with the environmental monitoring plan approved by the department in the permit. The permittee must conduct the environmental monitoring program from the effective date of the initial permit until the end of the institutional control period.

(3) The permittee must design the environmental monitoring program to provide data that can be used to:

(i) detect the movement of radionuclides or other contaminants out of the disposal units;

(ii) evaluate the potential health and environmental impacts that may arise during operation of the land disposal facility;

(iii) provide reasonable assurance that the land disposal facility meets the performance objectives;

(iv) evaluate the potential for long-term adverse effects caused by the land disposal facility and the need for mitigative measures;

(v) evaluate the accuracy of, and need for revision of, the environmental monitoring program;

(vi) make a comparison with the data collected during pre-operational monitoring (through such measures as the use of the same sampling locations, frequencies, and analyses), where practicable and where such measures would not conflict with meeting the other requirements of this Subpart;

(vii) make a comparison between the properties of the soils and earthen material excavated with design assumptions; and

(viii) during the operation period, provide data that can be used to assess the adequacy and appropriateness of the closure plan.

(4) The environmental monitoring program must include:

(i) monitoring of direct radiation, including regular surveys to detect surface contamination outside of buildings;

(ii) monitoring of air, groundwater, surface water and drainage systems, soil, flora, and fauna for the radionuclides in the waste disposed of on the site;

(iii) monitoring for seismic activity; and

(iv) every five years, or as deemed necessary by the department, an aerial radiation survey of the disposal site and the land within a five-mile radius of the disposal site, with the results of the on-site survey referenced to the site grid system required by section 383-11.2(c) of this Part.

(5) Monitoring stations used in the environmental monitoring program must be located to collect data that will be representative of what is being monitored.

(6) For the monitoring required by paragraph (4) of this subdivision, at least one monitoring station must be at each of the following locations:

(i) on the disposal site;

(ii) at the boundary of the site;

(iii) off-site, but within one mile of the site boundary; and

(iv) at a location sufficiently removed from the land disposal facility to provide background data.

(7) The environmental monitoring program must have sufficient redundancy and overlap in equipment used and media monitored and sampled to provide reasonable assurance that the monitoring requirements of paragraphs (3) and (4) of this subdivision will be met in the event of the failure, loss, or malfunction of individual monitoring stations or equipment.

(8) The environmental monitoring program must be capable of providing sufficient warning of significant releases of radionuclides and other contaminants from the disposal units. Significant releases to the ground, groundwater, or surface water must be detected in sufficient time to allow the permittee adequate time to respond before the released substances reach other disposal units or the site boundary.

(9) The permittee must periodically evaluate all environmental monitoring data to assure the early detection of any significant releases of radionuclides and other contaminants from the disposal units to allow the permittee adequate time to respond before the released substances reach the site boundary.

(10) In addition to the requirements of this Part, the monitoring requirements of Part 373 of this Title for hazardous wastes must be satisfied for the treatment, storage, and disposal of mixed wastes.

(b) Review and revision of the plan for the environmental monitoring program. The permittee must review the environmental monitoring program plan at least annually and revise it as necessary, subject to the approval of the department. At a minimum, the plan must be revised when the permittee or the department determines that:

(1) site characteristics, designs, or operations have changed and the environmental monitoring program is no longer appropriate for the changed conditions;

(2) the environmental monitoring program is no longer sufficient to accurately demonstrate that the performance objectives are being met;

(3) the environmental monitoring program is no longer able to provide early warning of releases of radionuclides and other contaminants from the disposal site;

(4) changes in conditions of the site have significantly affected or altered the functioning of the environmental monitoring program; or

(5) the environmental monitoring program no longer meets the requirements of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-10.4