N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-9.2

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

Section 383-9.2 - Closure plan requirements

The applicant must submit a closure plan as part of the complete permit application. The closure plan must meet the requirements of this section. The permittee must only close a disposal unit and a land disposal facility in accordance with the approved closure plan and the provisions of this Part.

(a) Plans for disposal unit closure. The closure plan must include plans for disposal unit closure. In addition to the information on disposal unit closure that is required pursuant to Subparts 383-3 and 383-4 of this Part, the closure plan must include:

(1) a projected schedule for disposal unit closure to meet the requirements of section 383-9.3 of this Subpart including:

(i) the year in which the closure of each disposal unit is projected to begin;

(ii) the time required for major intermediate steps in the closure process; and

(iii) the total time required for the closure of each disposal unit;

(2) a detailed description of how each disposal unit at the land disposal facility will be closed including a description of those design features that are intended to facilitate site closure and stabilization and to eliminate the need for ongoing active maintenance;

(3) final design plans, drawings, and specifications for all construction required for disposal unit closure;

(4) a detailed description of the steps needed to remove or decontaminate any remaining contaminated materials including:

(i) procedures for cleaning equipment to be reused;

(ii) methods for sampling and testing surrounding soils;

(iii) procedures for remediating any contaminated soils;

(iv) landscaping plans prepared by a licensed landscape architect; and

(v) criteria for determining the extent of decontamination required to provide reasonable assurance that the performance objectives will be met, based on the nature and extent of the contamination present, the design and construction of the disposal unit, the closure of the disposal unit, and other relevant factors;

(5) environmental and structural monitoring plans that meet the requirements of Subpart 383-10 of this Part;

(6) detailed descriptions of the systems for leachate collection and control of surface water drainage that meet the requirements of Subpart 383-7 of this Part;

(7) a detailed description of any other activities which must be completed prior to, or during, the closure of each disposal unit to provide reasonable assurance that the performance objectives will be met;

(8) a detailed estimate of the cost to implement the disposal unit closure measures; and

(9) a detailed description of how the proposed disposal unit closure activities will be undertaken to avoid adverse impacts on other facility operations and structures.

(b) Plans for facility closure. The closure plan must include plans for facility closure. In addition to the information on site closure and stabilization that is required pursuant to Subparts 383-3 and 383-4 of this Part, the closure plan must include:

(1) a detailed description of how the land disposal facility will be closed and stabilized after the last volume of waste has been accepted and disposed of at the land disposal facility, including a description of those design features that are intended to facilitate site closure and stabilization and to eliminate the need for ongoing maintenance;

(2) a projected schedule for facility closure, including:

(i) the year in which facility closure is projected to begin;

(ii) the time required for major intermediate steps in the facility closure process; and

(iii) the total time required for facility closure;

(3) a detailed description of the methods for removing, transporting, treating, storing, or disposing of all types of wastes, including low-level radioactive waste. The permittee must identify any material that will be removed from the land disposal facility for treatment, storage, or disposal, and the locations and types of facilities that will receive materials from the land disposal facility, if applicable;

(4) a detailed description of the procedures to be followed to remove or decontaminate all waste residues and contaminated equipment, structures, components of systems, and soils during closure of the land disposal facility. This description must include procedures for removal or decontamination, methods for sampling and testing surrounding soils, and the decontamination levels required to provide reasonable assurance that the performance objectives will be met;

(5) final design plans and specifications for all construction required for facility closure;

(6) environmental and structural monitoring plans that meet the requirements of Subpart 383-10 of this Part;

(7) a description of the markers that will be installed in accordance with section 383-11.3(b) and (c) of this Part;

(8) an analysis of the potential impact of major natural phenomena and fires on the closed disposal site;

(9) an identification of the maximum number of disposal units that will not be closed at any time during the operation period; the maximum volume and activity of waste that will be contained in unclosed disposal units; and the maximum volume and activity of waste that will be on the disposal site but not yet placed in a disposal unit;

(10) a description of the plan for disposition of the buildings, which may include alternative uses or demolition; if demolition is proposed, plans for disposal of the nonradioactive debris on the disposal site as required by Part 360 of this Title;

(11) detailed description of the systems for leachate collection and control of surface water drainage that meet the requirements of Subpart 383-7 of this Part;

(12) a detailed description of any other activities which must be completed prior to, or during, facility closure to provide reasonable assurance that the performance objectives will be met;

(13) a description of the ultimate disposal site plan, including potential future uses of the disposal site that could be undertaken without adversely affecting the ability of the site to meet the performance objectives;

(14) a description of the plans for disposition of the land disposal facility records in accordance with section 383-13.2 of this Part; and

(15) a detailed estimate of the cost to implement the facility closure measures.

(c) Annual revision of the closure plan.

(1) The permittee must annually revise the closure plan and submit it to the department for approval no later than 90 days prior to the anniversary date of the issuance of the permit, except in the year when the permit expires. In the year the permit expires, the permittee must submit a revised closure plan as part of the permit renewal application.

(2) The revised closure plan must take into account relevant new information including the following:

(i) the construction of new disposal units, both those planned for the future and those completed since the last revision, as built;

(ii) the closure of disposal units, both those to be closed in the future and those closed since the last revision, as built;

(iii) changes in the volumes, classes, specific activity, or other characteristics of the waste disposed of and projected to be disposed of at the land disposal facility;

(iv) any additional geologic, hydrologic, or other site data that have been obtained during the operation period and that are pertinent to the long-term containment of waste;

(v) the results of the monitoring required by Subpart 383-10 of this Part and any other tests, experiments, or analyses performed by the permittee which are pertinent to the long-term containment of waste within the disposal units;

(vi) the results of the technical analyses required by section 383-13.4(b)(8) of this Part;

(vii) any proposed revisions of the closure plan necessary for the decontamination and/or dismantling of associated facilities, backfilling of excavated areas, or stabilization of the land disposal facility for post-closure care; and

(viii) changes in the estimated cost of implementing the closure plan.

(3) Within 30 days following the receipt of the revised closure plan, the department will review the revised closure plan and approve it or provide the permittee with a written statement of the reasons why the department will not approve it. In the event that the revised closure plan is not approved, the permittee must correct the deficiencies and re-submit the revised closure plan within 30 days of the date of the department's written statement of disapproval.

(d) Final revision of the closure plan. The permittee must prepare a final revision of the closure plan and submit it as part of a complete application for facility closure. The final revision of the closure plan must take into account the information described in paragraph (c)(2) of this section.

(e) Modification of the closure plan.

(1) If an unexpected event occurs that affects the closure plan, the permittee must modify the closure plan within the following time periods:

(i) If the unexpected event occurs during closure of disposal unit and the unexpected event affects the disposal unit closure that is in progress, the permittee must submit the closure plan modification to the department no later than 30 days following the unexpected event.

(ii) If the unexpected event occurs during facility closure, the permittee must submit the closure plan modification to the department no later than 30 days following the unexpected event.

(iii) Otherwise, the permittee must submit the closure plan modification to the department no later than 90 days following the unexpected event.

(2) The department will review the closure plan modification in accordance with paragraph (c)(3) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-9.2