N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.8
Current through Register Vol. 46, No. 45, November 2, 2024
Section 383-3.8 - Conditions of the permit(a) The following conditions apply to any permit issued pursuant to this Part and will be incorporated expressly into the permit: (1) The permittee must design, construct, operate, and close the land disposal facility as described in the application and approved or amended by the permit. Unless specifically authorized by the department in accordance with sections 383-3.9 or 383-3.12 of this Subpart, deviation from the plans and procedures described in the application and approved or amended by the permit constitutes a violation of the permit conditions.(2) The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the ECL and is grounds for enforcement action; for permit suspension, revocation and reissuance, or modification; or for denial of a permit renewal application.(3) The permittee will be subject to the applicable provisions of the ECL and to all rules and regulations and orders of the department now or hereafter in effect. The terms and conditions of the permit are subject to amendment, revision, or modification in accordance with section 383-3.12 of this Part.(4) The authority to receive, accept, and dispose of waste expires on the expiration date of the permit. Any expiration date on a permit applies only to the authority to receive and dispose of waste. Failure to renew the permit will not relieve the permittee of responsibility for carrying out site closure and stabilization, post-closure monitoring and maintenance, and transfer of the permit to the State of New York.(5) For land disposal facilities not authorized pursuant to section 1854-c of the Public Authorities Law, the permit will be transferred to the State of New York only after execution of the closure plan and the post-closure plan.(6) A permit issued under this Part, or any right thereunder may not be transferred assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the permit to another person, except by a permit modification in accordance with section 383-3.12 of this Subpart.(b) The department will include the limits described in this subdivision as conditions of the permit. Modifications to these limits must be approved as modifications to the permit in accordance with section 383-3.12 of this Subpart. The limits will define the maximum total activity of the following radionuclides that may be accepted for disposal at the land disposal facility over its operating life: (4) any other radionuclide which is shown by the application or the hearing record on the application to require restriction to provide reasonable assurance that the performance objectives will be met.(c) The following plans, to be submitted as part of a complete application, will be approved in the permit either as proposed by the applicant or as modified in the permit: (1) the environmental monitoring plan;(2) the structural monitoring plan;(3) the action-level response plan;(4) the disposal unit monitoring plan;(5) the associated facilities monitoring plan;(6) the site safety and emergency response plan;(8) the post-closure plan;(9) the institutional control plan; and(10) the financial assurance plan.(d) The department may include in the permit at the time of issuance, or by modification pursuant to Part 621 of this Title, conditions with respect to the permittee's receipt, possession, and disposal of waste as the department finds necessary to protect or minimize danger to the public health and safety and the environment or to ensure that monitoring, recordkeeping, and reporting are carried out in accordance with the requirements of this Part.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.8