N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-12.7

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

Section 383-12.7 - Action level response plan

(a) The permittee must establish an action level response plan for taking appropriate action if the results of the monitoring programs required in Subpart 383-10 of this Part indicate that there may have been a departure from the expected performance of the land disposal facility. The action level response plan must be approved by the department in the permit.

(b) The action level response plan must include the following:

(1) for each parameter monitored, identification of at least three action levels of increasing severity, i.e., the levels, readings, or concentrations that indicate there may be, there is, or there has been a departure from the expected performance of the land disposal facility. The actions levels must be designated by number, action level 1 being the least severe condition;

(2) for each parameter monitored, procedures and schedules for actions to be taken if the monitoring results exceed action level 1. These procedures must include the following:

(i) checks of equipment calibration and functioning;

(ii) additional sampling and monitoring to verify the original results;

(iii) investigations to determine the cause for the change from expected levels; and

(iv) increased frequency of, and/or additional methods of, sampling and measuring to monitor the parameter and detect as soon as possible any trends or exceedance of the next action level; and

(v) actions to correct and prevent re-occurrence of the problem;

(3) for each parameter monitored, procedures and schedules for actions to be taken if the monitoring results exceed action level 2. These must include the level 1 actions, if they have not already been done, and may include notification of local governments and emergency responders, the New York State warning point, and the department;

(4) for each parameter monitored, procedures and schedules for actions to be taken if the monitoring results exceed action level 3. These procedures must include the following:

(i) the level 1 and 2 actions, if they have not already been done;

(ii) immediate notification of the department;

(iii) potentially applicable remediation and decontamination measures to mitigate adverse impacts to the environment and the public health and safety and to ensure that the performance objectives will be met for a representative range of possible failure scenarios;

(iv) potentially applicable measures to prevent reoccurrence of the problem for a representative range of possible failure scenarios; and

(v) declaration of an alert or a site area emergency; and

(5) the maximum time period within which corrective actions must be taken.

(c) Following an exceedance of any action level, the following measures must be performed:

(1) Within 30 days after an exceedance of any action level, the permittee must submit to the department a report describing the exceedance, the response actions taken, and the results of such response actions.

(2) The department will review the report and notify the permittee within 30 days whether or not the report is satisfactory.

(3) If the report is not satisfactory, the department will direct the permittee to take any additional actions that the department deems necessary.

(4) Within seven days of the permittee's receipt of the notice that the report is deemed satisfactory, the permittee must make a copy of the report available for public inspection at the public information center required by section 383- 13.5 of this Part.

(d) Remediation and decontamination measures not identified in the action level response plan must be approved by the department, in accordance with section 383-3.9 of this Part. The department may modify the permit, pursuant to Part 621 of this Title, to require any other measures necessary to provide reasonable assurance that the performance objectives will be met.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-12.7