N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-5.5

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

Section 383-5.5 - Standards for permit modification for institutional control

Upon review and consideration of the application to modify the permit to authorize institutional control, the department will modify the permit authorizing institutional control upon a finding that:

(a) the land disposal facility has been closed in conformance with the approved closure plan;

(b) the permittee has provided reasonable assurance that the performance objectives are being met;

(c) the permittee has provided reasonable assurance that the applicable requirements in sections 382.30 through 382.83 of this Title and the provisions of this Part are met;

(d) 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;

(f) the post-closure monitoring program is operational and ready for implementation by the custodial agency;

(g) any funds and necessary records for institutional care will be transferred to the disposal site owner;

(h) the custodial agency is prepared to assume responsibility and ensure that institutional requirements found necessary under section 383-3.7(d) of this Part will be met; and

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

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-5.5