N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.7

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

Section 383-3.7 - Standards for issuance of a permit

A permit to construct and operate a land disposal facility will be issued by the department upon a finding that:

(a) the issuance of the permit and the subsequent construction, operation, closure, post-closure monitoring and maintenance, and institutional control of the land disposal facility will not constitute an unreasonable risk to the health and safety of the public or to the environment;

(b) the applicant is qualified by reason of training and experience to carry out the disposal operations in a manner that protects health and minimizes danger to life, property, and the environment;

(c) the applicant's proposed disposal site or sites and land disposal facility design, construction, operations (including equipment, facilities, and procedures), closure, post-closure monitoring and maintenance, and institutional control are adequate to protect the public health and safety and the environment in that they provide reasonable assurance that:

(1) the performance objectives will be met;

(2) the applicable requirements in sections 382.20 through 382.83 of this Title will be met; and

(3) the provisions of this Part will be met;

(d) the applicant's proposal for institutional control provides reasonable assurance that such control will be provided for at least the length of time required by section 383-9.8(e) of this Part and that the institutional control plan meets the requirements of section 383-9.8 of this Part;

(e) the financial assurances meet the requirements of Subpart 383-6 of this Part and the applicant has demonstrated that it either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds, or by a combination of the two, to cover the estimated costs of conducting all permitted activities through the operation period, including costs of construction and disposal; and

(f) the applicable requirements of Part 617 of this Title have been met.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.7