NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Subpart 373-3: Interim Status Standards For Owners and Operators Of Hazardous Waste Facilities - Page 1

(Statutory Authority: Environmental Conservation Law Section 27-0900 et seq)

[Effective September 5, 2006]

[page 1 of 5]

Pages in this Part:
Sections 1 to Section 7
Sections 8 to Section 11
Sections 12 to Section 28
Section 29
Sections 30 to Appendix 55

Contents:

Sec.

§373-3.1 - General

(a) Purpose, scope and applicability.

(1) The purpose of this Subpart is to establish minimum statewide standards that define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.

(2) Except as provided in paragraph 373-3.29(a)(2) of this Title, the standards in this Subpart, and of 373-2.19(a), 373-2.19(b) and 373-2.19(c) of this Title, apply to owners and operators of facilities which treat, store, or dispose of hazardous waste who have fully complied with the requirements for interim status under section 373-1.3 of this Part, until final disposition of their permit application is made, or until applicable Subpart 373-3 closure and post-closure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980, who have failed to provide timely notification as required by Subpart 373-1 and/or failed to file Part A of the permit application as required by sections 373-1.3(b), (d), (e) and (i). These standards apply to all treatment, storage, or disposal of hazardous waste at these facilities after November 19, 1980, except as specifically provided otherwise in Part 371 of this Title.

(Note: After the effective date of November 19, 1980, and as stated in Subpart 373-1 of this Part, the treatment, storage, or disposal of hazardous waste at a new facility is prohibited except in accordance with a permit or at those facilities which qualify for interim status after this date.)

(3) The requirements of this Subpart apply to a person disposing of hazardous waste by means of ocean disposal, subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act, only to the extent they are required by the exemption granted to such a person under subdivision 373-1.1(d).

(Note: These Subpart 373-3 regulations do apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.)

(4) Reserved.

(5) The requirements of this Subpart apply to a person whose facilities or portions of facilities are exempted under section 373-1.1(d) of this Part only to the extent they are required by an exemption granted to such a person under section 373-1.1(d) of this Part.

(6) The requirements of this Subpart apply to those portions of a facility managing the recyclable materials described in subparagraphs 371.1(g)(1)(ii) and (iv) of this Part only to the extent that requirements of this Subpart are referred to in sections 374-1.3, 374-1.6, 374-1.7 or 374-1.8 or Subpart 374-2 of this Title.

(7) The following hazardous wastes must not be managed at facilities subject to regulation under this Subpart:

(i) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026 or F027 unless:

('a') the wastewater treatment sludge is generated in a surface impoundment as part of the facility's wastewater treatment system;

('b') the waste is stored in tanks or containers;

('c') the waste is stored or treated in waste piles that meet the requirements of section 373-2.12(a)(3) of this Part as well as all other applicable requirements of section 373-3.12 of this Subpart;

('d') the waste is burned in incinerators that are certified pursuant to the standards and procedures in section 373-3.15(f) of this Subpart; or

('e') the waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in section 373-3.16(g) of this Subpart.

(8) The requirements of this part apply to owners or operators of all facilities which treat, store or dispose of hazardous waste referred to in Part 376, and the Part 376 standards are considered material conditions or requirements of the Part 373-3 interim status standards.

(9) Universal waste handlers and transporters (as defined in subdivision 370.2(b) of this Title) are subject to regulation under Subpart 374-3, when handling the below listed universal wastes.

(i) Batteries as described in subdivision 374-3.1(b) of this Title;

(ii) Pesticides as described in subdivision 374-3.1 (c) of this Title;

(iii) Thermostats as described in subdivision 374-3.1(d) of this Title; and

(iv) Lamps as described in subdivision 374-3.1(e)of this Title.

(10) Subdivision 374-1.13(f) of this Title identifies when the requirements of this Subpart apply to the storage of military munitions classified as solid waste under subdivision 374-1.13(c) of this Title. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in Parts 370 through Subpart 374-1 and Part 376 of this Title.

(b) Imminent hazard action. Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to Section 71-0301 of the ECL or section 7003 of RCRA (see 6 NYCRR 370.1(e) of this Title).

§373-3.2 - General Facility Standards

(a) Applicability.

(1) The regulations in this section apply to owners and operators of all hazardous waste facilities, except as section 373-3.1 of this Subpart provides otherwise.

(b) Identification number. Every facility owner or operator must apply to EPA for an EPA identification number in accordance with the EPA notification procedures (45 FR 12746 et seq.) (See section 370.1(e) of this Title).

(c) Required notices.

(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must notify the Department in writing at least four (4) weeks in advance of the date on which the first shipment of a given waste is expected to arrive at the facility. The owner or operator of a facility that has arranged to receive hazardous waste from an OECD country, as defined in paragraph 372.5(h)(1) of this Title must also notify the EPA Regional Administer in writing at least four (4) weeks in advance of the date on which the first shipment of a given waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.

(2) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements of this Subpart and Subpart 373-1 of this Part.

(Note: An owner's or operator's failure to notify the new owner or operator of the requirements of this Subpart in no way relieves the new owner or operator of this obligation to comply with all applicable requirements.)

(d) General waste analysis.

(1) (i) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or non-hazardous wastes if applicable under paragraph 373-3.7(d)(4), the owner or operator must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, this analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with the requirements of this Subpart and Part 376 of this Title.

(ii) The analysis may include data developed under Part 371 of this Title and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.

(Note: For example, the facility's records of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with subparagraph (i) of this paragraph. The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part or all of the information required by subparagraph (i) of this paragraph, except as otherwise specified in paragraphs 376.1(g)(2) and (3). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this subdivision.)

(iii) The analysis must be repeated as necessary to ensure that it is accurate and up-to-date. At a minimum, the analysis must be repeated:

('a') when the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste or non-hazardous waste, if applicable, under paragraph 373-3.7(d)(4) has changed; and

('b') for off-site facilities, when the results of the inspection required in subparagraph (iv) of this paragraph indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

(iv) The owner or operator of an off-site facility must inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

(2) The owner or operator must develop and follow a written waste analysis plan which describes the procedures which will be carried out to comply with paragraph (1) of this subdivision. This plan must be kept at the facility. At a minimum, the plan must specify:

(i) the parameters for which each hazardous waste, or non-hazardous waste if applicable under paragraph 373-3.7(d)(4) will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with paragraph (1) of this subdivision);

(ii) the test methods which will be used to test for these parameters;

(iii) the sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:

('a') one of the sampling methods described in Appendix 19 of this Title; or

('b') an equivalent sampling method;

(Note: See section 371.3(a) of this Title for related discussion).

(iv) the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date;

(v) for off-site facilities, the waste analysis that hazardous waste generators have agreed to supply;

(vi) where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in subdivisions 373-3.10(k), 373-3.11(d), 373-3.12(c), 373-3.13(c), 373-3.14(g), 373-3.15(b), 373-3.16(c), 373-3.17(c), paragraphs 373-3.27(e)(4) and 373-3.28(n)(4), subdivision 373-3.29(e) and subdivision 376.1(g) of this Title; and

(vii) For surface impoundments exempted from land disposal restrictions under 376.1(d)(1) of this Title, the procedures and schedule for:

('a') the sampling of impoundment contents;

('b') the analysis of test data; and

('c') the annual removal of residues which are not delisted under 40 CFR 260.22 and 370.3(c) of this Title and do exhibit a characteristic of hazardous waste or which do not meet the treatment standards of 376.4 of this Title.

(viii) For owners and operators seeking an exemption to the air emission standards of section 373-3.29 of this Title in accordance with subdivision 373-3.29(d) of this Title:

('a') If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.

('b') If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.

(3) For off-site facilities, the waste analysis plan required in paragraph (2) of this subdivision must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:

(i) the procedures which will be used to determine the identity of each movement of waste managed at the facility;

(ii) the sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling; and

(iii) the procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.

(e) Security.

(1) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of a facility, unless:

(i) physical contact with the waste, structures, or equipment within the active portion of the facility with not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility; and

(ii) disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this Subpart.

(2) Unless the owner or operator has made a successful demonstration under subparagraphs (1)(i) and (1)(ii) of this subdivision, a facility must have:

(i) a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and control entry onto the active portion of the facility; or

(ii) ('a') an artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and

('b') a means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

(Note: The requirements of paragraph (2) of this subdivision are satisfied if the facility or plant within the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of subparagraph (i) or (ii) of this paragraph.)

(3) Unless exempt under subparagraphs (1)(i) and (1)(ii) of this subdivision, a sign with the legend, "Danger--Unauthorized Personnel Keep Out", must be posted at each entrance to active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility (e.g., facilities in counties bordering the Canadian province of Quebec must post signs in French), and must be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger--Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

(Note: See section 373-3.7(g) of this Subpart for discussion of security requirements at disposal facilities during the post-closure care period.)

(f) General inspection requirements.

(1) The owner or operator must inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to:

(i) release of hazardous waste constituents to the environment; or

(ii) a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

(2) (i) The owner or operator must develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, responding to environmental or human health hazards.

(ii) This schedule must be kept at the facility.

(iii) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking, fitting, eroding dike, etc.)

(iv) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies called for in subdivisions 373-3.9(e), 373-3.10(d) and (f), 373-3.11(e), 373-3.12(k), 373-3.13(e), 373-3.14(l) 373-3.15(d), 373-3.16(d), 373-3.17(d), 373-3.27(d), 373-3.28(c), (d), and (i), and 373-3.29(e) through (k) of this Subpart, where applicable.

(3) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(4) The owner or operator must record inspection in an inspection log or summary. The owner or operator must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

(g) Personnel training.

(1) (i) Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this Subpart. The owner or operator must ensure that this program includes all the elements described in the document required under subparagraph (4)(iii) of this subdivision.

(ii) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

(iii) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:

('a') procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

('b') key parameters for automatic waste feed cut-off systems;

('c') communication or alarm systems;

('d') response to fires or explosions;

('e') response to groundwater contamination incidents; and

('f') shutdown of operations.

(2) Facility personnel must successfully complete the program required in paragraph (1) of this subdivision within six months after the date of their employment or an assignment to a facility, or to a new position at a facility, whichever is later. Employees must not work in unsupervised positions until they have completed the training requirements of paragraph (1) of this subdivision.

(3) Facility personnel must take part in an annual review of the initial training required in paragraph (1) of this subdivision.

(4) The owner or operator must maintain the following documents and records at the facility:

(i) the job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

(ii) a written job description for each position listed under subparagraph (i) of this paragraph. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education or other qualifications, and duties of employees assigned to each position;

(iii) a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under subparagraph (i) of this paragraph; and

(iv) records that document that the training or job experience required under paragraphs (1), (2) and (3) of this subdivision has been given to, and completed by facility personnel.

(5) Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

(h) General requirements for ignitable, reactive, or incompatible wastes.

(1) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including, but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specifically designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(2) Where specifically required by other sections of this Subpart, the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not:

(i) generate extreme heat or pressure, fire or explosions, or violent reactions;

(ii) produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

(iii) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(iv) damage the structural integrity of the device or facility containing the waste; or

(v) through other like means threaten human health or the environment.

(i) Location standards. The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave is prohibited.

(j) Construction quality assurance program.

(1) CQA program.

(i) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with paragraph 373-3.11(i)(1), subdivision 373-3.12(h), and paragraph 373-3.14(j)(1). The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a CQA officer who is a professional engineer registered in New York State.

(ii) The CQA program must address the following physical components, where applicable:

('a') Foundations;

('b') Dikes;

('c') Low-permeability soil liners;

('d') Geomembranes (flexible membrane liners);

('e') Leachate collection and removal systems and leak detection systems; and

('f') Final cover systems.

(2) Written CQA plan. Before construction begins on a unit subject to the CQA program under paragraph (1) of this subdivision, the owner or operator must develop a written CQA plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:

(i) Identification of applicable units, and a description of how they will be constructed.

(ii) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.

(iii) A description of inspection and sampling activities for all unit components identified in subparagraph (1)(ii) of this subdivision, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover: sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under subdivision 373-3.5(c).

(3) Contents of program.

(i) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure:

('a') Structural stability and integrity of all components of the unit identified in subparagraph (1)(ii) of this subdivision;

('b') Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;

('c') Conformity of all materials used with design and other material specifications under subdivisions 373-2.11(b), 373-2.12(b), and 373-2.14(c) of this Title.

(ii) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full-scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of subparagraphs 373-2.11(b)(3)(i), 373-2.12(b)(3)(i), and 373-2.14(c)(3)(i) of this Title in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The test fill requirement is waived where data are sufficient to show that a constructed soil liner meets the hydraulic conductivity requirements of subparagraphs 373-2.11(b)(3)(i), 373-2.12(b)(3)(i), and 373-2.14(c)(3)(i) of this Title in the field.

(4) Certification. The owner or operator of units subject to subdivision 373-3.2(j) must submit to the Commissioner, by certified mail or hand delivery, at least 30 days prior to receiving waste, a certification signed by the CQA officer that the CQA plan has been successfully carried out and that the unit meets the requirements of paragraph 373-3.11(i)(1), subdivision 373-3.12(h), or paragraph 373-3.14(j)(1) of this Subpart. The owner or operator may receive waste in the unit after 30 days from the Commissioner's receipt of the CQA certification unless the Commissioner determines in writing that the construction is not acceptable, or extends the review period for a maximum of 30 more days, or seeks additional information from the owner or operator during this period. Documentation supporting the CQA officer's certification must be furnished to the Commissioner upon request.

§373-3.3 - Preparedness and Prevention

(a) Applicability. The regulations in this section apply to owners and operators of all hazardous waste facilities, except as section 373-3.1(a) of this Subpart provides otherwise.

(b) Maintenance and operation of facility. Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

(c) Required equipment. All facilities must be equipped with the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:

(1) an internal communications or alarm systems capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(2) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

(3) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals, spill control equipment, and decontamination equipment; and

(4) water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.

(d) Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

(e) Access to communications or alarm system.

(1) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency device either directly or through visual or voice contact with another employee, unless such a device is not required under subdivision (c) of this section.

(2) If there is ever just one employee on the premises while the facility is operating, that employee must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under subdivision (c) of this section.

(f) Required aisle space. The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency unless aisle space is not needed for any of these purposes.

(g) Arrangements with local authorities.

(1) The owner or operator must attempt to make the following arrangements as appropriate for the type of waste handled at the owner or operator's facility and the potential need for the services of these organizations:

(i) arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;

(ii) where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(iii) agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and

(iv) arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

(2) Where State or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.

§373-3.4 - Contingency Plan and Emergency Procedures

(a) Applicability. The regulations in this section apply to owners and operators of all hazardous waste facilities, except as section 373-3.1(a) of this Subpart provides otherwise.

(b) Purpose and implementation of contingency plan.

(1) Each owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

(2) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

(c) Content of contingency plan.

(1) The contingency plan must describe the actions facility personnel must take to comply with subdivisions (b) and (g) of this section in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

(2) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasure (SPCC) Plan as defined in section 610.2(j) of this Title and 40 CFR Part 300 (see section 370.1(e) of this Title) or some other emergency or contingency plan, that plan need only be amended to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this Subpart.

(3) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to section 373-3.3(g) of this Subpart.

(4) The plan must list names, addresses, and phone numbers (office and home) of all persons to act as emergency coordinator (see subdivision (f) of this section), and this list must be kept up-to-date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.

(5) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up-to-date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

(6) The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe the signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

(d) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be:

(1) maintained at the facility; and

(2) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.

(e) Amendment of contingency plan. The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(1) applicable regulations are revised;

(2) the plan fails in an emergency;

(3) the facility changes - in its design, construction, operation, maintenance, or other circumstances - in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;

(4) the list of emergency coordinations changes; or

(5) the list of emergency equipment changes.

(f) Emergency coordinator. At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.

(g) Emergency procedures.

(1) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the emergency coordinator's designee when the emergency coordinator is on call) must immediately:

(i) activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(ii) notify appropriate State or local agencies with designated response roles if their help is needed.

(2) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. This may be done by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

(3) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).

(4) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator's findings must be reported as follows:

(i) if the assessment indicates that evacuation of local areas may be advisable, appropriate local authorities must be notified immediately. The emergency coordinator must be available to help appropriate officials decide whether local areas should be evacuated; and

(ii) both the Department (using the New York State 24-hour oil and hazardous material spill notification number 518/457-7362), and either the government official designated as the on-scene coordinator for that geographical area (in the applicable regional contingency plan under 40 CFR Part 300) (see 6 NYCRR 370.1(e)), or the National Response Center (using their 24-hour toll free number 800/424-8802) must be notified immediately. The report must include:

('a') name and telephone number of reporter;

('b') name and address of facility;

('c') time and type of incident (e.g., release, fire);

('d') name and quantity of materials(s) involved, to the extent known;

('e') the extent of injuries, if any; and

('f') the possible hazards to human health, or the environment, outside the facility.

(5) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.

(6) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(7) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

(Note: Unless the owner or operator can demonstrate, in accordance with 6 NYCRR 371.1(d)(3) or (4), that the recovered materials is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of 6 NYCRR Part 372 and Subpart 373-2.)

(8) The emergency coordinator must ensure that, in the affected area(s) of the facility;

(i) no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and

(ii) all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

(9) The owner or operator must notify the commissioner, and appropriate State and local authorities, that the facility is in compliance with paragraph (8) of this subdivision before operations are resumed in the affected area(s) of the facility.

(10) The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, a written report on the incident must be submitted to the commissioner. The report must include:

(i) name, address, and telephone number of the owner or operator;

(ii) name, address, and telephone number of the facility;

(iii) date, time, and type of incident (e.g., fire, explosion);

(iv) name and quantity of material(s) involved;

(v) the extent of injuries, if any;

(vi) an assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(vii) estimated quantity and disposition of recovered material that resulted from the incident.

§373-3.5 - Manifest System, Recordkeeping and Reporting

(a) Applicability. The regulations in this section apply to owners and operators of both on-site and off-site facilities, except that subdivisions (b) and (f) do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.

(b) Manifest requirements. A treatment, storage or disposal facility shipping hazardous wastes off-site or offering hazardous wastes for shipment off-site must comply with all generator standards as specified in section 372.2 of this Title. If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his or her agent, must comply with the requirements of this subdivision.

(1) Use of manifest system.

(i)('a') If a facility receives hazardous waste accompanied by a manifest, the owner, operator or his/her agent must:

('1') complete line 19 of the manifest, Hazardous Waste Report Management Method Codes, for each waste received and accepted, using the codes established in the annual report instructions and forms referenced in subdivision 373-3.5(e) of this section; and

('2') sign and date the manifest as indicated in clause (i)('b') of this subparagraph to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.

('b') If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his/her agent must:

('1') determine that all portions of the manifest, except that portion filled out by the owner or operator of the facility, have been completed. For example, if the facility is not providing a hazardous waste management code in item 19 that reflects the ultimate disposal method for the hazardous waste, the state code in Box 13 designating the ultimate disposal method for the waste must be completed. A completed form includes signatures and all certifications required from the generator and the initial and delivering transporters. In those cases where the owner or operator completes any of the generator's portions of the manifest (items 1-14), the owner or operator assumes joint responsibility with the generator for the accuracy and completeness of those portions he or she completed;

('2') Sign and date, by hand, each copy of the manifest;

('3') Note any discrepancies (as defined in clause ('d') of this subparagraph) on each copy of the manifest;

('4') immediately give the transporter at least one copy of the manifest;

('5') within 10 calendar days of delivery, mail a copy of the manifest to the generator, the generator State and the destination State (if different from the generator State), making legible photocopies as necessary. Mail the Department copy to: New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, Manifest Section, 625 Broadway, Albany, New York 12233-7252. Facilities do not need to distribute manifest copies to states other than New York, if those states do not require such a copy be submitted to them; and

('6') retain at the facility a copy of each manifest for at least three years from the date of delivery.

('c') If a facility receives hazardous waste imported from a foreign source, the receiving facility must also mail a copy of the manifest to the following address within 30 days of delivery:

International Compliance Assurance Division
OFA/OECA (2254A), U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, NW, Washington, DC 20460

('d') Manifest discrepancies are:

('1') significant differences between the quantity (as defined by clause ('e') of this subparagraph) or type (as defined by clause ('f') of this subparagraph) of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives;

('2') rejected wastes, which may be a full or partial shipment of hazardous waste that the facility cannot accept; or

('3') container residues, which are residues that exceed the quantity limits for "empty" containers set forth in paragraph 371.1(h)(2) of this Title.

('e') Significant differences in quantity are:

('1') for bulk waste, variations greater than 10 percent in weight, and

('2') for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload.

('f') Significant discrepancies in type are obvious differences which can be discovered by inspections or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper.

(ii) The facility owner or operator must perform or obtain an analysis of a representative sample of each hazardous waste shipment as specified in the waste analysis plan required by paragraph 373-2.2(e)(2) of this Subpart. The purpose of this analysis is to identify discrepancies between the actual composition of the waste and its description on the manifest.

(iii) Upon discovering a significant difference in quantity or type, the owner or operator of the facility must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator must immediately submit a letter to the generator state and the disposer state describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue.

(iv) ('a') Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in paragraph 371.1(h)(2) of this Title, the facility must consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the the rejected waste or residue to the generator. The facility must send the waste to the alternative facility or to the generator within 60 days of the rejection or the container residue identification.

('b') While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this subparagraph, it must ensure that either the delivering transporter retains custody of the waste, or the facility must provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under subparagraph (v) or (vi) of this paragraph.

(v) Except as provided in clause ('g') of this subparagraph, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with subdivision 372.2(b) of this Title and the following instructions:

('a') Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.

('b') Write the name of the alternate designated facility and the facility's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.

('c') Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest (Item 14), and indicate that the shipment is a residue or rejected waste from the previous shipment

('d') Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).

('e') Write the DOT description for the rejected load or the residue in Item 9 (U.S.DOT Description) of the new manifest and write the container types, quantity and volume(s) of waste.

('f') Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.

('g') For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility must retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with clauses ('a'), ('b'), ('c'), ('d'), ('e'), and ('f') of this subparagraph.

(vi) Except as provided in clause ('g') of this subparagraph, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest in accordance with subdivision 372.2(b) of this Title and the following instructions:

('a') Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.

('b') Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.

('c') Copy the manifest tracking number found in Item 4 of the old manifest to the Item 14 Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.

('d') Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).

('e') Write the DOT description for the rejected load or the residue in Item 9 (U.S.DOT Description) of the new manifest and write the container types, quantity and volume(s) of waste.

('f') Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.

('g') For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with clauses ('a'), ('b'), ('c'), ('d'), ('e'), and ('f') of this subparagraph.

(vii) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers set forth in paragraph 371.1(h)(2) of this Title after it has signed, dated, and returned a copy of the manifest to the delivering transporter, the generator, the generator state, or the destination state, the facility must amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from Item 4 of the new manifest to the discrepancy space (Item 18a) of the amended manifest, and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of amendment, and must within 10 calendar days of the amendment, send a copy of the amended manifest to the transporter, generator, generator state and destination state that received copies prior to their being amended. The facility must retain a copy of the new manifest for at least three years from the date of shipment, and must within 10 calendar days, send a copy of the new manifest to their state, the generator, generator state and destination state.

(viii) The requirements of this subdivision do not apply to hazardous waste produced by generators of greater than 100 kilograms but less than 1000 kilograms in a calendar month where:

('a') the waste is being transported pursuant to a reclamation agreement as provided in paragraph 372.2(b)(7) of this Title, provided that:

('1') the owner or operator records the following information for each shipment:

('i') the name, address and U.S. E.P.A. Identification Number of the generator of the waste;

('ii') the hazardous waste number and quantity of waste accepted; and

('iii') the date the waste is accepted;

('2') the owner or operator retains these records for a period of at least three years after termination or expiration of the agreement; and

('3') quarterly summaries (unless otherwise specified by the department) of these records must be submitted to the department. These summaries must include the waste types and quantities received from each generator.

(ix) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated Federally) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.

(2) Unmanifested shipments. Upon receipt of an unmanifested shipment of hazardous waste, the owner or operator of the facility must:

(i) where possible, determine the reason why the shipment is not accompanied by a manifest (e.g., small generator exemption, rail transportation).

(ii) accept the waste for treatment, storage or disposal if:

('a') the reason the shipment is unmanifested is that it originated from a conditionally exempt small quantity generator (see subdivision 371.1(f)); or

('b') the shipment is transported in whole or in part by a rail or water (bulk) transporter and the requirements of Section 372.7 of this Title are satisfied; or

('c') the facility is an alternate facility and the generator of the wastes has confirmed this arrangement.

(iii) ('a') accept the waste for treatment, storage and disposal and file an unmanifested waste report with the Department in accordance with subparagraph (3)(ii) of this subdivision within fifteen (15) calendar days of receipt of the shipment if the shipment was transported in whole or in part by a rail or water (bulk) transporter and the manifest is not received by the facility within fifteen (15) calendar days of receipt of the shipment; or

('b') accept the waste for treatment, storage and disposal and file an unmanifested waste report with the Department in accordance with subparagraph (3)(ii) of this subdivision within ten (10) calendar days of receipt of the shipment if the situation is not specifically set forth in subparagraph (ii) and clause (iii)('a') of this paragraph and the conditions of paragraph (5) of this subdivision are met.

(iv) reject the shipment of hazardous waste, and instruct the transporter to return the hazardous waste to the generator, only after communication with the appropriate regional office of the Department, and file an unmanifested waste report in accordance with subparagraph (3)(ii) of this subdivision.

(3) Recordkeeping and reporting requirements.

(i) Manifest discrepancy reports. The facility owner or operator must report to the disposer state and generator state concerning any manifest discrepancies in accordance with subparagraph (1)(iii) of this subdivision.

(ii) Unmanifested waste report. In those situations requiring submission of an unmanifested waste report, as identified in paragraph (2) of this subdivision, the report must include the following information:

('a') the EPA identification number, name, and address of the facility;

('b') the date the facility received the waste;

('c') the EPA identification number, name, and address of the generator and of the transporter, if available;

('d') the transporter's license plate number;

('e') the transporter's Part 364 permit number if available;

('f') a description of and the quantity of each unmanifested hazardous waste the facility received including EPA waste type;

('g') the method of treatment, storage, or disposal for each hazardous waste (if accepted);

('h') a brief explanation of why the waste was unmanifested, if known; and

('i') certification signed by the owner or operator of the facility or his/her authorized representative.

(iii) Availability, retention and dispositions of records.

('a') Reports and records required by this subdivision must be retained for a period of three years from the date of submittal.

('b') All records required under this subdivision must be furnished to the Department upon request and must be postmarked within five (5) business days of receipt of a written request. These records must be made available at all reasonable times for inspection by any officer, employee, or representative of the Department who is duly designated by the Commissioner.

('c') The three year retention period for all records required under this subdivision is extended automatically for the duration of any unresolved enforcement action regarding the facility or as requested by the Commissioner.

(4) Special conditions. Rail and water (bulk) shipments. Facilities which receive shipments of hazardous waste transported in whole or in part by rail or water (bulk) must comply with the treatment, storage, or disposal facility requirements in Section 372.7 of this Title.

(5) Prohibitions. No facility shall:

(i) accept a particular hazardous waste unless it is authorized by permit to accept such waste; or

(ii) accept a hazardous waste for which it does not have adequate treatment, storage or disposal capacity available.

(c) Operating record.

(1) The owner or operator must keep a written operating record at the facility.

(2) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility:

(i) a description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by Appendix 25 of this Title;

(ii) the location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste must be recorded on a map or diagram of each cell or disposal area. For all facilities, this information must include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest;

(Note: See sections 373-3.7(i), 373-3.13(f) and 373-3.14(c) of this Subpart for related requirements.)

(iii) records and results of waste analyses, waste determinations and trial tests performed as specified in subdivisions 373-3.2(d), 373-3.10(k), 373-3.11(d), 373-3.12(c), 373-3.13(c), 373-3.14(g), 373-3.15(b), 373-3.16(c), 373-3.17(c), 373-3.27(e), 373-3.28(n), and 373-3.29(e) of this Subpart, and paragraph 376.1(d)(1) and subdivision 376.1(g) of this Title;

(iv) summary reports and details of all incidents that require implementing the contingency plan as specified in section 373-3.4(g) of this Subpart;

(v) records and results of inspections as required by section 373-3.2(f) of this Subpart (except these data need be kept only three years);

(vi) monitoring, testing, or analytical data, and corrective action where required by section 373-3.6 and subdivisions 373-3.2(j), 373-3.6(a) and (e), 373-3.10(b), (d), and (f), 373-3.11(b), (e), and (j), 373-3.12(i), (j), and (k), 373-3.13(d) and (e), subparagraph 373-3.13(g)(4)(i), subdivisions 373-3.14(b), (k), and (l), 373-3.15(d) and 373-3.16(d), paragraphs 373-3.27(e)(3) through 373-3.27(e)(6), subdivision 373-3.27(f), paragraphs 373-3.28(n)(4) through 373-3.28(n)(9), and subdivisions 373-3.28(o), 373-3.29(d) through (k) of this Subpart;

(Note: As required by section 373-3.6(e) of this Subpart, monitoring data at disposal facilities must be kept throughout the post-closure period.)

(vii) all closure cost estimates under section 373-3.8(c) of this Subpart and for disposal facilities, all post-closure cost estimates under section 373-3.8(e).

(viii) records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to subdivision 376.1(e) monitoring data required pursuant to a petition under 376.1(f), and the applicable notice required by a generator under 376.1(g)(1);

(ix) for an off-site treatment facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under 376.1(g);

(x) for an on-site treatment facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under 376.1(g);

(xi) for an off-site land disposal facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under 376.1(g);

(xii) for an on-site land disposal facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under 376.1(g);

(xiii) for an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under 376.1(g); and

(xiv) for an on-site storage facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under 376.1(g).

(d) Availability, retention, and disposition of records.

(1) All records, including plans, required under this Part must be kept at the facility and furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the department who is duly designated by the commissioner.

(2) The retention period for all records required under this Part is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the commissioner.

(3) A copy of records of waste disposal locations and quantities under subparagraph (c)(2)(ii) of this section must be submitted to the commissioner and local land authority upon closure of the facility.

(e) Annual report. The owner or operator must prepare and submit a single copy of an annual report to the commissioner by March 1 of each year. The annual report must cover facility activities during the previous calendar year and must, at a minimum, include:

(1) the EPA identification number, name, and address of the facility;

(2) the calendar year covered by the report;

(3) for off-site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report must give the name and address of the foreign generator;

(4) a description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information must be listed by EPA identification number of each generator;

(5) the method of treatment, storage, or disposal for each hazardous waste;

(6) monitoring data under sections 373-3.6(e)(1)(ii)('b') and ('c') and 373-3.6(e)(2)(ii) of this Subpart, where required;

(7) the most recent closure cost estimate under section 373-3.8(c) of this Subpart, and, for disposal facilities, the most recent post-closure cost estimate under section 373-3.8(e); and

(8) For generators who treat, store or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;

(9) for generators who treat, store or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984; and

(10) the certification signed by the owner or operator of the facility or the owner or operator's authorized representative.

(f) Unmanifested waste report. The facility must comply with the requirements for unmanifested wastes specified in paragraphs 373-3.5(b)(2) and (3) of this Subpart.

(g) Additional reports. In addition to submitting the annual report described in subdivision (e) of this section, the owner or operator must also report to the commissioner:

(1) releases, fires, and explosions as specified in section 373-3.4(g)(10) of this Subpart;

(2) groundwater contamination and monitoring data as specified in sections 373-3.6(d) and 373-3.6(e) of this Subpart; and

(3) facility closure as specified in section 373-3.7(f) of this Subpart.

(4) as otherwise required by sections 373-3.27, 373-3.28 and 373-3.29 of this Subpart.

§373-3.6 - Groundwater Monitoring

(a) Applicability.

(1) The owner or operator of a surface impoundment, landfill, or land treatment facility which is used to manage hazardous waste must implement a groundwater monitoring program capable of determining the facility's impact on the quality of groundwater in the uppermost aquifer underlying the facility, except as section 373-3.1(a) of this Subpart and paragraph (3) of this subdivision provide otherwise.

(2) Except as paragraphs (3) and (4) of this subdivision provide otherwise, the owner or operator must install, operate, and maintain a groundwater monitoring system which meets the requirements of subdivision (b) of this section and must comply with subdivisions (c), (d), and (e). This groundwater monitoring program must be carried out during the active life of the facility and for disposal facilities, excluding thermal treatment, incineration and energy recovery facilities, during the post-closure care period as well.

(3) All or part of the groundwater monitoring requirements of this section may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial, or agricultural) or to surface water. This demonstration must be in writing, and must be kept at the facility. This demonstration must be certified by a qualified geologist or geotechnical engineer and must establish the following:

(i) the potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of:

('a') a water balance of precipitation, evapotranspiration, runoff, and infiltration; and

('b') unsaturated zone characteristics (i.e. geologic materials, physical properties, and depth to groundwater); and

(ii) the potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of:

('a') saturated zone characteristics (i.e., geologic materials, physical properties, and rate of groundwater flow); and

('b') the proximity of the facility to water supply wells or surface water.

(4) If an owner or operator assumes (or knows) that groundwater monitoring of indicator parameters in accordance with sections 373-3.6(b) and (c) would show statistically significant increases (or decreases in the case of pH) when evaluated under section 373-3.6(d), an alternate groundwater monitoring system (other than the one described in sections 373-3.6(b) and (c)) may be installed, operated and maintained. If the owner or operator decides to use an alternate groundwater monitoring system the owner or operator must:

(i) submit to the commissioner a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of subparagraph (d)(4)(iii) of this section for an alternate groundwater monitoring system;

(ii) initiate the determinations specified in subparagraph (d)(4)(iv) of this section;

(iii) prepare and submit a written report in accordance with subparagraph (d)(4)(iv) of this section on a quarterly basis until final closure of the facility; and

(iv) continue to make the determinations specified in subparagraph (d)(4)(iv) of this section on a quarterly basis until final closure of the facility; and

(v) comply with the recordkeeping and reporting requirements in paragraph (e)(2) of this section.

(5) The groundwater monitoring requirements of this section may be waived with respect to any surface impoundment that:

(i) is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under section 371.3(c) of this Title or are listed as hazardous wastes in section 371.4 of this Title only for this reason; and

(ii) contains no other hazardous wastes, if the owner or operator can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration must establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration must be in writing and must be certified by a qualified professional.

(6) The department may replace all or part of the requirements of this Subpart applying to a regulated unit (as defined in subdivision 373-2.6(a) of this Title), with alternative requirements developed for groundwater monitoring set out in an approved closure or post-closure plan or in an enforceable document (as defined in paragraph 373-1.2(e)(3)), where the department determines that:

(i) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and

(ii) It is not necessary to apply the requirements of this section because the alternative requirements will protect human health and the environment. The alternative standards for the regulated unit must meet the requirements of paragraph 373-2.6(l)(1).

(b) Groundwater monitoring system.

(1) A groundwater monitoring system must be capable of yielding groundwater samples for analysis and must consist of:

(i) monitoring wells (at least one) installed hydraulically upgradient (i.e., in the direction of increasing static head) from the limit of the waste management area. Their number, locations, and depths must be sufficient to yield groundwater samples that are:

('a') representative of background groundwater quality in the uppermost aquifer near the facility; and

('b') not affected by the facility; and

(ii) monitoring wells (at least three) installed hydraulically downgradient (i.e., in the direction of decreasing static head) at the limit of the waste management area. Their number, locations, and depths must ensure that they immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer.

(iii) The facility owner or operator may demonstrate that an alternate hydraulically downgradient monitoring well location will meet the criteria outlined below. The demonstration must be in writing and kept at the facility. The demonstration must be certified by a qualified ground-water scientist and establish that:

('a') An existing physical obstacle prevents monitoring well installation at the hydraulically downgradient limit of the waste management area; and

('b') The selected alternate downgradient location is as close to the limit of the waste management area as practical; and

('c') The location ensures detection that, given the alternate location, is as early as possible of any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer.

('d') Lateral expansion, new, or replacement units are not eligible for an alternate downgradient location under this paragraph.

(2) Separate monitoring systems for each waste management component of a facility are not required provided that provisions for sampling upgradient and downgradient water quality will detect any discharge from the waste management area. The commissioner may require separate monitoring systems for separate waste management components.

(i) In the case of a facility consisting of only one surface impoundment, landfill, or land treatment area, the waste management area is described by the waste boundary (perimeter).

(ii) In the case of a facility consisting of more than one surface impoundment, landfill, or land treatment area, the waste management area is described by an imaginary boundary line which circumscribes the several waste management components.

(3) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring well borehole. This casing must be screened or perforated, and packed with gravel or sand where necessary, to enable sample collection at depths where appropriate aquifer flow zones exist. The annular space (i.e., the space between the borehole and well casing) above the sampling depth must be sealed with a suitable material (e.g., cement grout or bentonite slurry) to prevent contamination of samples and the groundwater.

(c) Sampling and analysis.

(1) The owner or operator must obtain and analyze samples from the installed groundwater monitoring system. The owner or operator must develop and follow a groundwater sampling and analysis plan. This plan must be kept at the facility. The plan must include procedures and techniques for:

(i) sample collection;

(ii) sample preservation and shipment;

(iii) analytical procedures; and

(iv) chain of custody control.

(Note: See "Procedures Manual for Groundwater Monitoring at Solid Waste Disposal Facilities," EPA-530/SW-611, August 1977 and "Methods for Chemical Analysis of Water and Wastes," EPA-600/4-79-020, March 1979 for discussions of sampling and analysis procedures (see section 370.1(e) of this Title.))

(2) The owner or operator must determine the concentration or value of the following parameters in groundwater samples in accordance with paragraphs (3) and (4) of this subdivision:

(i) parameters characterizing the suitability of the groundwater as a drinking water supply, as specified in Appendix 27 of this Title; and

(ii) parameters establishing groundwater quality:

('a') chloride;

('b') iron;

('c') manganese;

('d') phenols;

('e') sodium;

('f') sulfate; and

(iii) parameters used as indicators of groundwater contamination:

('a') pH;

('b') specific conductance;

('c') total organic carbon; and

('d') total organic halogen.

(Note: These parameters are to be used as a basis for comparison in the event a groundwater quality assessment is required under paragraph (d)(4) of this section.)

(3) (i) For all monitoring wells, the owner or operator must establish initial background concentrations or values of all parameters specified in paragraph (2) of this subdivision. This must be done quarterly for one year.

(ii) For each of the indicator parameters specified in subparagraph (2)(iii) of this subdivision, at least four replicate measurements must be obtained for each sample and the initial background arithmetic mean and variance must be determined by pooling the replicate measurements for the respective parameter concentrations or values in samples obtained from upgradient wells during the first year.

(4) After the first year, all monitoring wells must be sampled and the samples analyzed with the following frequencies:

(i) Samples collected to establish groundwater quality must be obtained and analyzed for the parameters specified in subparagraph (2)(ii) of this subdivision at least annually.

(ii) Samples collected to indicate groundwater contamination must be obtained and analyzed for the parameters specified in subparagraph (2)(iii) of this subdivision at least semi-annually.

(5) Elevation of the groundwater surface at each monitoring well must be determined each time a sample is obtained.

(d) Preparation, evaluation, and response.

(1) The owner or operator must prepare an outline of the groundwater quality assessment program. The outline must describe a more comprehensive groundwater monitoring program (than that described in subdivisions (b) and (c) of this section) capable of determining:

(i) whether hazardous waste or hazardous waste constituents have entered the groundwater;

(ii) the rate and extent of migration of hazardous waste or hazardous waste constituents in the groundwater; and

(iii) the concentrations of hazardous waste or hazardous waste constituents in the groundwater.

(2) For each indicator parameter specified in subparagraph (c)(2)(iii) of this section, the owner or operator must calculate the arithmetic mean and variance, based on at least four replicate measurements on each sample, for each well monitored in accordance with subparagraph (c)(4)(ii), and compare these results with its initial background arithmetic mean. The comparison must consider individually each of the wells in the monitoring system, and must use the Student's t-test at the 0.01 level of significance (see Appendix 28 of this Title) to determine statistically significant increases (and decreases, in the case of pH) over initial background.

(3) (i) If the comparisons for the upgradient wells made under paragraph (2) of this subdivision show a significant increase (or pH decrease), the owner or operator must submit this information in accordance with clause (e)(1)(ii)('b') of this section.

(ii) If the comparisons for downgradient wells made under paragraph (2) of this subdivision show a significant increase (or pH decrease), the owner or operator must then immediately obtain additional groundwater samples from those downgradient wells where a significant difference was detected, split the samples in two, and obtain analyses of all additional samples to determine whether the significant difference was a result of laboratory error.

(4) (i) If the analyses performed under subparagraph (3)(ii) of this subdivision confirm the significant increase (or pH decrease), the owner or operator must provide written notice to the commissioner--within seven days of the date of such confirmation; that the facility may be affecting groundwater quality.

(ii) Within 15 days after the notification under subparagraph (i) of this paragraph, the owner or operator must develop and submit to the commissioner a specific plan, based on the outline required under paragraph (1) of this subdivision and certified by a qualified geologist or geotechnical engineer, for a groundwater quality assessment program at the facility.

(iii) The plan to be submitted under subparagraph (a)(4)(i) of this section or subparagraph (ii) of this paragraph must specify:

('a') the number, location, and depth of wells;

('b') sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the facility;

('c') evaluation procedures, including any use of previously-gathered groundwater quality information; and

('d') a schedule of implementation.

(iv) The owner or operator must implement the groundwater quality assessment plan which satisfies the requirements of subparagraph (iii) of this paragraph, and, at a minimum, determine:

('a') the rate and extent of migration of the hazardous waste or hazardous waste constituents in the groundwater; and

('b') the concentrations of the hazardous waste or hazardous waste constituents in the groundwater.

(v) The owner or operator must make the first determination under subparagraph (iv) of this paragraph as soon as technically feasible, and, within 15 days after that determination, submit to the commissioner a written report containing an assessment of the groundwater quality.

(vi) If the owner or operator determines, based on the results of the first determination under subparagraph (iv) of this paragraph, that no hazardous waste or hazardous waste constituents from the facility have entered the groundwater, then the owner or operator may reinstate the indicator evaluation program described in subdivision (c) of this section and paragraph (2) of this subdivision; the owner or operator must so notify the commissioner in the report submitted under subparagraph (v) of this paragraph.

(vii) If the owner or operator determines, based on the first determination under subparagraph (iv) of this paragraph, that hazardous waste or hazardous waste constituents from the facility have entered the groundwater, then the owner or operator:

('a') must continue to make the determinations required under subparagraph (iv) of this paragraph on a quarterly basis until final closure of the facility, if the groundwater quality assessment plan was implemented prior to final closure of the facility; or

('b') may cease to make the determinations required under subparagraph (iv) of this paragraph, if the groundwater quality assessment plan was implemented during the post-closure care period.

(5) Notwithstanding any other provision of this section, any groundwater quality assessment to satisfy the requirements of subparagraph (4)(iv) of this subdivision which is initiated prior to final closure of the facility must be completed and reported in accordance with subparagraph (4)(v).

(6) Unless the groundwater is monitored to satisfy the requirements of subparagraph (4)(iv) of this subdivision, at least annually the owner or operator must evaluate the data on groundwater surface elevations obtained under paragraph (c)(5) of this section to determine whether the requirements under paragraph (b)(1) of this section for locating the monitoring wells continue to be satisfied. If the evaluation shows that paragraph (b)(1) of this section is no longer satisfied, the owner or operator must immediately modify the number, location, or depth of the monitoring wells to bring the groundwater monitoring system into compliance with this requirement.

(e) Recordkeeping and reporting.

(1) Unless the groundwater is monitored to satisfy the requirements of subparagraph (d)(4)(iv) of this section, the owner or operator must:

(i) keep records of the analyses required in paragraphs (c)(3) and (4) of this section, the associated groundwater surface elevations required in paragraph (c)(5) of this section, and the evaluations required in paragraph (d)(2) of this section throughout the active life of the facility, and, for disposal facilities, throughout the post-closure care period as well; and

(ii) report the following groundwater monitoring information to the commissioner:

('a') during the first year when initial background concentrations are being established for the facility: concentrations or values of the parameters listed in subparagraph (c)(2)(i) of this section for each groundwater monitoring well within 15 days after completing each quarterly analysis. The owner or operator must separately identify for each monitoring well any parameters whose concentration or value has been found to exceed the maximum contaminant levels listed in Appendix 27 of this Title.

('b') annually: concentrations or values of the parameters listed in subparagraph (c)(2)(iii) of this section for each groundwater monitoring well, along with the required evaluations for these parameters under paragraph (d)(2) of this section. The owner or operator must separately identify any significant differences from initial background found in the upgradient wells, in accordance with subparagraph (d)(3)(i) of this section. During the active life of the facility, this information must be submitted as part of the annual report required under section 373-3.5(e) of this Subpart.

('c') as a part of the annual report required under section 373-3.5(e) of this Subpart: results of the evaluations of groundwater surface elevations under paragraph (c)(5) of this section, and a description of the response to that evaluation, where applicable.

(2) If the groundwater is monitored to satisfy the requirements of subparagraph (d)(4)(iv) of this section, the owner or operator must:

(i) keeps records of the analyses and evaluations specified in the plan, which satisfies the requirements of subparagraph (d)(4)(iii) of this section, throughout the active life of the facility, and, for disposal facilities, throughout the post-closure care period as well; and

(ii) annually, until final closure of the facility, submit to the commissioner a report containing the results of his or her groundwater quality assessment program which includes, but is not limited to, the calculated (or measured) rate of migration of hazardous waste or hazardous waste constituents in the groundwater during the reporting period. This information must be submitted no later than March 1 of the following calendar year.

§373-3.7 - Closure and Post-Closure

(a) Applicability. Except as section 373-3.1(a) of this Subpart provides otherwise:

(1) subdivision (b) through paragraph (f)(1) of this section (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and

(2) paragraph (f)(2) through subdivision (j) of this section (which concern post-closure care) apply to the owners and operators of:

(i) all hazardous waste disposal facilities;

(ii) waste piles and surface impoundments from which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to such facilities in sections 373-3.11(f) and 373-3.12(g) of this Subpart;

(iii) tank systems that are required under section 373-3.10(h) of this Subpart to meet the requirements for landfills; and

(iv) containment buildings that are required under 373-3.30(c) to meet the requirement for landfills.

(3) Subdivision 373-3.7(k) applies to owners and operators of units that are subject to the requirements of paragraph 373-1.2(e)(3) and are regulated under an enforceable document (as defined in paragraph 373-1.2(e)(3)).

(4) The department may replace all or part of the requirements of this section (and the unit-specific standards in paragraph 373-3.7(b)(3)) applying to a regulated unit (as defined in subdivision 373-2.6(a) of this Title), with alternative requirements for closure set out in an approved closure or post-closure plan, or in an enforceable document (as defined in paragraph 373-1.2(e)(3) of this Title), where the department determines that:

(i) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release, and

(ii) It is not necessary to apply the closure requirements of this section (and/or those referenced herein) because the alternative requirements will protect human health and the environment, and will satisfy the closure performance standard of paragraphs 373-3.7(b)(1) and (2).

(b) Closure performance standard. The owner or operator must close the facility in a manner that:

(1) minimizes the need for further maintenance;

(2) controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere; and

(3) complies with the closure requirements of this Subpart including, but not limited to, the requirements of subdivisions 373-3.10(h), 373-3.11(f), 373-3.12(g), 373-3.13(g), 373-3.14(d), 373-3.15(e), 373-3.16(e), 373-3.17(e) and 373-3.30(c).

(c) Closure plan; amendment of plan.

(1) Written plan.

(i) By May 19, 1981, or by six months after the effective date of the rule that first subjects a facility to provisions of this section, the owner or operator of a hazardous waste management facility must have a written closure plan. Until final closure is completed and certified in accordance with paragraph (f)(1) of this section, a copy of the most current plan must be furnished to the commissioner upon request, including request by mail. In addition, for facilities without approved plans, it must also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the department who is duly designated by the commissioner.

(2) Content of plan. The plan must identify steps necessary to perform partial and/or final closure of the facility at any point during its active life. The closure plan must include, at least:

(i) a description of how each hazardous waste management unit at the facility will be closed in accordance with subdivision (b) of this section;

(ii) a description of how final closure of the facility will be conducted in accordance with subdivision (b) of this section. The description must identify the maximum extent of the operations which will be unclosed during the active life of the facility;

(iii) an estimate of the maximum inventory of hazardous waste ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of and the types of the off-site hazardous waste management units to be used, if applicable;

(iv) a detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard;

(v) a detailed description of other activities necessary during the partial and final closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited, groundwater monitoring, leachate collection, and run-on and run-off control;

(vi) a schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule must include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover must be included.); and

(vii) an estimate of the expected year of final closure for facilities that use trust funds to demonstrate financial assurance under section 373-3.8(d) or (f) of this Subpart and whose remaining operating life is less than twenty years, and for facilities without approved closure plans.

(viii) For facilities where the department has applied alternative requirements at a regulated unit under paragraphs 373-3.6(a)(6), 373-3.7(a)(4), and/or 373-3.8(a)(4), either the alternative requirements applying to the regulated unit, or a reference to the enforceable document containing those alternative requirements.

(3) Amendment of plan. The owner or operator may amend the closure plan at any time prior to the notification of partial or final closure of the facility. An owner or operator with an approved closure plan must submit a written request to the commissioner to authorize a change to the approved closure plan. The written request must include a copy of the amended closure plan for approval by the commissioner.

(i) The owner or operator must amend the closure plan whenever:

('a') changes in operating plans or facility design affect the closure plan;

('b') there is a change in the expected year of closure, if applicable; or

('c') in conducting partial or final closure activities, unexpected events require a modification of the closure plan.

('d') The owner or operator requests the department to apply alternative requirements to a regulated unit under paragraphs 373-3.6(a)(6), 373-3.7(a)(4), and/or 373-3.8(a)(4).

(ii) The owner or operator must amend the closure plan at least 60 days prior to the proposed change in facility design or operator, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator must amend the closure plan no later than 30 days after the unexpected event. These provisions also apply to owners or operators of surface impoundments or waste piles who intend to remove all hazardous waste at closure but are required to close as landfills in accordance with section 373-3.14(d) of this Subpart.

(iii) An owner or operator with an approved closure plan must submit the modified plan to the commissioner at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event has occurred during the partial or final closure period, the owner or operator must submit the modified plan no more than 30 days after the unexpected event. These provisions also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous waste at closure but are required to close as landfills in accordance with section 373-3.14(d) of this Subpart. If the amendment to the plan is a major modification according to the criteria in Subpart 373-1, the modification to the plan will be approved according to the procedures in paragraph (4) of this subdivision.

(iv) The commissioner may request modifications to the plan under the conditions described in subparagraph (i) of this paragraph. An owner or operator with an approved closure plan must submit the modified plan within 60 days of the commissioner's request, or within 30 days if the unexpected event occurs during partial or final closure. If the amendment is considered a major modification according to the criteria in Subpart 373-1 of this Part, the modification to the plan will be approved in accordance with the procedures in paragraph 4 of this subdivision.

(4) Notification of partial closure and final closure.

(i) The owner or operator must submit the closure plan to the commissioner at least 180 days prior to the date on which the owner or operator expects to begin closure of the first surface impoundment, waste pile, land treatment or landfill unit, or final closure if it involves such a unit, whichever is earlier. The owner or operator must submit the closure plan to the commissioner at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. The owner or operator must submit the closure plan to the commissioner at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage, or incinerator units. Owners or operators with approved closure plans must notify the commissioner in writing at least 60 days prior to the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit, or final closure of a facility involving such a unit. Owners and operators with approved closure plans must notify the commissioner in writing at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. Owners or operators with approved closure plans must notify the commissioner in writing at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage, or incinerator units.

(ii) The date when the owner or operator "expects to begin closure" must be either:

('a') within 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes, or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. If the owner or operator of a hazardous waste management unit can demonstrate to the commissioner that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all interim status requirements, the commissioner may approve an extension to this one-year limit; or

('b') for units meeting the requirements of paragraph 373-3.7(d)(4), no later than 30 days after the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional non-hazardous wastes, no later than one year after the date on which the unit received the most recent volume of non-hazardous wastes. If the owner or operator can demonstrate to the Commissioner that the hazardous waste management unit has the capacity to receive additional non-hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all interim status requirements, the Commissioner may approve an extension to this one-year limit.

(iii) The owner or operator must submit the closure plan to the commissioner no later than 15 days after:

('a') issuance of a judicial decree or final order under Article 71 of ECL, to cease receiving hazardous wastes or to close; or

('b') termination of interim status except when a permit is issued simultaneously with termination of interim status.

(iv) The commissioner will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the plan and request modifications of the plan within 30 days of the date of the notice. The commissioner will also, in response to a request or at his or her own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a closure plan. The commissioner will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.) The commissioner will approve, modify, or disapprove the plan within 90 days of its receipt. If the commissioner does not approve the plan, the owner or operator shall be provided with a detailed written statement of the reasons for refusal and the owner or operator must modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The commissioner will approve or modify this plan in writing within 60 days. If the commissioner modifies the plan, this modified plan becomes the approved closure plan. The commissioner must assure that the approved closure plan is consistent with subdivisions 373-3.7(b), (c), (d), (e), and (f) and the applicable requirements of section 373-3.6 and subdivisions 373-3.10(h), 373-3.11(f), 373-3.12(g), 373-3.13(g), 373-3.14(d), 373-3.15(e), 373-3.16(e), 373-3.17(e) and 373-3.30(c) of this Subpart. A copy of this modified plan with a detailed statement of reasons for the modifications must be mailed to the owner or operator.

(5) Removal of wastes and decontamination or dismantling of equipment. Nothing in this subdivision shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure.

(d) Closure; time allowed for closure.

(1) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in paragraphs (4) and (5) of this section, at a hazardous waste management unit or facility, or within 90 days after approval of the closure plan, whichever is later, the owner or operator must treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The commissioner may approve a longer period if the owner or operator demonstrates that:

(i) ('a') the activities required to comply with this paragraph will, of necessity, take longer than 90 days to complete; or

('b') ('1') the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with paragraphs (4) and (5) of this section; and

('2') there is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within one year; and

('3') closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and

(ii) the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable interim status requirements.

(2) The owner or operator must complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes , or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in paragraphs (4) and (5) of this section, at the hazardous waste management unit or facility, or 180 days after approval of the closure plan, if that is later. The commissioner may approve an extension to the closure period if the owner or operator demonstrates that:

(i) ('a') the partial or final closure activities will, of necessity, take longer than 180 days to complete; or

('b') ('1') the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or non-hazardous wastes if the facility owner or operator complies with paragraphs (4) and (5) of this section; and

('2') there is reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within one year; and

('3') closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and

(ii) the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable interim status requirements.

(3) The demonstrations referred to in subparagraphs (1)(i) and (2)(i) of this subdivision must be made as follows:

(i) the demonstrations in subparagraph (1)(i) must be made at least 30 days prior to the expiration of the 90-day period in paragraph (1); and

(ii) the demonstration in subparagraph (2)(i) must be made at least 30 days prior to the expiration of the 180-day period in paragraph (2), unless the owner or operator is otherwise subject to the deadlines in paragraph (4).

(4) The Commissioner may allow an owner or operator to receive non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit if:

(i) the owner or operator submits an amended Part 373 application, or a Part 373 application, if not previously required, and demonstrates that:

('a') the unit has the existing design capacity as indicated on the Part A application to receive non-hazardous wastes; and

('b') there is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes; and

('c') the non-hazardous wastes will not be incompatible with any remaining wastes in the unit or with the facility design and operating requirements of the unit or facility under this part; and

('d') closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and

('e') the owner or operator is operating and will continue to operate in compliance with all interim status requirements; and

(ii) the Part 373 application includes an amended waste analysis plan, groundwater monitoring and response program, human exposure assessment required under subdivisions 373-1.5(d) and (h), and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes, and changes in closure activities, including the expected year of closure if applicable under subparagraph 373-3.7(c)(2)(vii), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes; and

(iii) the Part 373 application is amended, as necessary and appropriate, to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; and

(iv) the Part 373 application and the demonstrations referred to in subparagraphs (4)(i) and (4)(ii) of this section are submitted to the Commissioner no later than 180 days prior to the date on which the owner or operator of the facility receives the known final volume of hazardous wastes, or no later than 90 days after the effective date of this rule in New York State, whichever is later.

(5) In addition to the requirements in paragraph (4) of this section, an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements in sections 373-2.11 and 373-2.14, or 373-3.11, or 373-3.14 must:

(i) submit with the Part 373 application:

('a') a contingent corrective measures plan; and

('b') a plan for removing hazardous wastes in compliance with subparagraph (5)(ii) of this section; and

(ii) remove all hazardous wastes from the unit by removing all hazardous liquids and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), if any.

(iii) Removal of hazardous wastes must be completed no later than 90 days after the final receipt of hazardous wastes. The Commissioner may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health and the environment.

(iv) If a release that is a statistically significant increase (or decrease in the case of pH) in hazardous constituents over background levels is detected in accordance with the requirements in section 373-3.6 of this Part, the owner or operator of the unit:

('a') must implement corrective measures in accordance with the approved contingent corrective measures plan required by subparagraph (5)(i) of this section no later than one year after detection of the release, or approval of the contingent corrective measures plan, whichever is later;

('b') may receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and

('c') may be required by the Commissioner to implement corrective measures in less than one year or to cease receipt of wastes until corrective measures have been implemented if necessary to protect human health and the environment.

(v) During the period of corrective action, the owner or operator shall provide semi-annual reports to the Commissioner that describe the progress of the corrective action program, compile all groundwater monitoring data, and evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.

(vi) The Commissioner may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in subparagraph (5)(iv) of this section, or fails to make substantial progress in implementing corrective action and achieving the facility's background levels.

(vii) If the owner or operator fails to implement corrective measures as required in subparagraph (5)(iv) of this section, or if the Commissioner determines that substantial progress has not been made pursuant to subparagraph (5)(vi) of this section the commissioner shall:

('a') notify the owner or operator in writing that the Department is terminating interim status, pursuant to Part 621, to require the initiation of closure in accordance with the deadline in paragraphs (1) and (2) of this section and provide a detailed statement of reasons for this determination.

(e) Disposal or decontamination of equipment, structures and soils. During the partial and final closure periods, all contaminated equipment, structures and soils must be properly disposed of or decontaminated unless otherwise specified in subdivisions 373-3.10(h), 373-3.11(f), 373-3.12(g), 373-3.13(g) and 373-3.14(d) of this Subpart. By removing any hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and must handle that waste in accordance with all applicable requirements of Part 372 of this Title.

(f) Certification of closure and survey plat.

(1) Certification of closure. Within 60 days of completion of final closure of a facility or within 60 days of partial closure of any hazardous waste management unit, the owner or operator must submit to the commissioner, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification must be signed by the owner or operator and by an independent professional engineer registered in New York. Documentation supporting the independent registered professional engineer's certification must be furnished to the commissioner upon request until the commissioner releases the owner or operator from the financial assurance requirements for closure under section 373-3.8(d) of this Subpart.

(2) Survey plat. No later than the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the county clerk in the county in which the facility is located, and to the commissioner, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor registered in New York. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, and with the county clerk in the county in which the facility is located must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable regulations of this section.

(g) Post-closure care and use of property.

(1) (i) Post-closure care for each hazardous waste management unit subject to the requirements of subdivision (g) through (j) of this section must begin after completion of closure of the unit and continue for 30 years after that date and must consist of at least the following:

('a') monitoring and reporting in accordance with the requirements of sections 373-3.6, 373-3.11, 373-3.12, 373-3.13 and 373-3.14 of this Subpart; and

('b') maintenance and monitoring of waste containment systems in accordance with the requirements of sections 373-3.6, 373-3.11, 373-3.12, 373-3.13 and 373-3.14 of this Subpart.

(ii) Any time preceding closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or any time during the post-closure period for a particular hazardous waste disposal unit, the commissioner may:

('a') shorten the post-closure care period applicable to the hazardous waste management unit, or facility (if all disposal units have been closed) if the commissioner finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or groundwater monitoring results, characteristics of the hazardous waste, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure); or

('b') extend the post-closure care period applicable to the hazardous waste management unit or facility if the commissioner finds that the extended period is necessary to protect human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).

(2) The commissioner may require, at partial and final closure, continuation of any of the security requirements of section 373-3.2(e) of this Subpart during part or all of the post-closure period when:

(i) hazardous wastes may remain exposed after completion of partial or final closure; or

(ii) access by the public or domestic livestock may pose a hazard to human health.

(3) Post-closure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liners, or any other components of the containment system, or the function of the facility's monitoring systems, unless the commissioner finds that the disturbance:

(i) is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or

(ii) is necessary to reduce a threat to human health or the environment.

(4) All post-closure care activities must be in accordance with the provisions of the approved post-closure plan as specified in subdivision (h) of this section.

(h) Post-closure plan; amendment of plan.

(1) Written Plan. By May 19, 1981, the owner or operator of a hazardous waste disposal unit must have a written post-closure plan. An owner or operator of a surface impoundment or waste pile from which the owner or operator intends to remove all hazardous wastes at closure must prepare a post-closure plan and submit it to the commissioner within 90 days of the date that the owner or operator or commissioner determines that the hazardous waste management unit or facility must be closed as a landfill, subject to the requirements of subdivision (g) through (j) of this section.

(2) Until final closure of the facility, a copy of the most current post-closure plan must be furnished to the commissioner upon request, including request by mail. In addition, for facilities without approved post-closure plans, it must also be provided during site inspections, on the day of inspection, to any officer, employee, or representative of the department who is duly designated by the commissioner. After final closure has been certified, the person or office specified in paragraph (3) of this subdivision must keep the approved post-closure plan during the post-closure period.

(3) For each hazardous waste management unit subject to the requirements of this subdivision, the post-closure plan must identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:

(i) a description of the planned monitoring activities and frequencies at which they will be performed to comply with section 373-3.6, 373-3.11, 373-3.12, 373-3.13 and 373-3.14 of this Subpart during the post-closure care period;

(ii) a description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:

('a') the integrity of the cap and final cover or other containment systems in accordance with the requirements of sections 373-3.11, 373-3.12, 373-3.13, and 373-3.14 of this Subpart; and

('b') the function of the monitoring equipment in accordance with the requirements of sections 373-3.6, 373-3.11, 373-3.12, 373-3.13 and 373-3.14 of this Subpart; and

(iii) the name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period.

(iv) For facilities subject to subdivision 373-3.7(k), provisions that satisfy the requirements of subparagraphs 373-3.7(k)(1)(i) and (iii).

(v) For facilities where the department has applied alternative requirements at a regulated unit under paragraphs 373-3.6(a)(6), 373-3.7(a)(4), and/or 373-3.8(a)(4), either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements.

(4) Amendment of plan. The owner or operator may amend the post-closure plan at any time during the active life of the facility or during the post-closure care period. An owner or operator with an approved post-closure plan must submit a written request to the commissioner to authorize a change in the approved post-closure plan. The written request must include a copy of the amended post-closure plan for approval by the commissioner.

(i) The owner or operator must amend the post-closure plan whenever:

('a') changes in operating plans or facility design affect the post-closure plan; or

('b') events which occur during the active life of the facility, including partial and final closures, affect the post-closure plan.

('c') The owner or operator requests the department to apply alternative requirements to a regulated unit under paragraphs 373-3.6(a)(6), 373-3.7(a)(4), and/or 373-3.8(a)(4).

(ii) The owner or operator must amend the post-closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan.

(iii) An owner or operator with an approved post-closure plan must submit the modified plan to the commissioner at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan. If an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous waste at closure in accordance with section 373-3.11(f) and 373-3.12(g) of this Subpart is required to close as a landfill in accordance with section 373-3.14(d), the owner or operator must submit a post-closure plan to the commissioner within 90 days of the determination by the owner or operator or commissioner that the unit must be closed as a landfill. If the amendment to the post-closure plan is a major modification according to the criteria in Subpart 373-1 of this Part, the modification to the plan will be approved according to the procedures in paragraph (6) of this subdivision and Part 621 of this Title.

(iv) The commissioner may request modifications to the plan under the conditions described in subparagraph (i) of this paragraph. An owner or operator with an approved post-closure plan must submit the modified plan no later than 60 days after the commissioner's request. If the amendment to the plan is considered a major modification according to the criteria in Subpart 373-1 of this Part, the modifications to the post-closure plan will be approved in accordance with the procedures in paragraph (6) of this subdivision. If the commissioner determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility as a landfill, the owner or operator must submit a post-closure plan for approval to the commissioner within 90 days of the determination.

(5) The owner or operator of a facility with hazardous waste management units subject to these requirements must submit the post-closure plan to the commissioner at least 180 days before the date the owner or operator expects to begin partial or final closure of the first hazardous waste disposal unit. The date the owner or operator "expects to begin closure" of the first hazardous waste disposal unit must be either within 30 days after the date on which the hazardous waste management unit receives the known final volume of hazardous waste or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous wastes. The owner or operator must submit the post-closure plan to the commissioner no later than 15 days after:

(i) termination of interim status (except when a permit is issued to the facility simultaneously with termination of interim status); or

(ii) issuance of a judicial decree or final orders under Article 71 of ECL to cease receiving wastes or close.

(6) The commissioner will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the post-closure plan and request modifications to the plan no later than 30 days from the date of the notice. The commissioner will also, in response to a request or at his or her own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a post-closer plan. The commissioner will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.) The commissioner will approve, modify, or disapprove the plan within 90 days of its receipt. If the commissioner does not approve the plan, the owner or operator shall be provided with a detailed written statement of reasons for the refusal and the owner or operator must modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The commissioner will approve or modify this plan in writing within 60 days. If the commissioner modifies the plan, this modified plan becomes the approved post-closure plan. The commissioner must ensure that the approved post-closure plan is consistent with subdivision (g) through (j) of this section. A copy of the modified plan with a detailed statement of reasons for the modifications must be mailed to the owner or operator.

(7) The post-closure plan and length of the post-closure care period may be modified any time prior to the end of the post-closure care period in either of the following two ways:

(i) The owner or operator or any member of the public may petition the commissioner to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the post-closure care period based on cause.

('a') The petition must include evidence demonstrating that:

('1') the secure nature of the hazardous waste management unit or facility make the post-closure care requirements unnecessary or supports reduction of the post-closure care period specified in the current post-closure plan (e.g., leachate or groundwater monitoring results, characteristics of the wastes, application of advanced technology, or alternative disposal, treatment, re-use techniques indicating that the facility is secure); or

('2') the requested extension in the post-closure care period or alteration of post-closure care requirements is necessary to prevent threats to human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).

('b') These petitions will be considered by the commissioner only when they present new and relevant information not previously considered by the commissioner. Whenever the commissioner is considering a petition, the commissioner will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice. The commissioner will also, in response to a request or at his or her own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the post-closure plan. The commissioner will give the public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for written public comments, and the two notices may be combined). After considering the comments, the commissioner will issue a final determination, based upon the criteria set forth in subparagraph (i) of this paragraph.

('c') If the commissioner denies the petition, the commissioner will send the petitioner a brief written response giving a reason for the denial.

(ii) The commissioner may tentatively decide to modify the post-closure plan if the commissioner deems it necessary to prevent threats to human health and the environment. The commissioner may propose to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause or alter the requirements of the post-closure care period based on cause.

('a') The commissioner will provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice and the opportunity for a public hearing as in clause (i)('b') of this paragraph. After considering the comments, the commissioner will issue a final determination.

('b') The commissioner will base the final determination upon the same criteria as required for petitions under clause (i)('a') of this paragraph. A modification of the post-closure plan may include, where appropriate, the temporary suspension rather than permanent deletion of one or more post-closure care requirements. At the end of the specified period of suspension, the commissioner would then determine whether the requirements should be permanently discontinued or reinstated to prevent threats to human health and the environment.

(i) Post-closure notices.

(1) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the county in which the facility is located, and to the commissioner, a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator must identify the type, location, and quantity of the hazardous wastes to the best of his or her knowledge and in accordance with any records the owner or operator has kept.

(2) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator must:

(i) record with the county clerk in the county in which the facility is located a notation on the deed to the facility property--or on some other instrument which is normally examined during title search--that will in perpetuity notify any potential purchaser of the property that:

('a') the land has been used to manage hazardous wastes;

('b') its use is restricted under 6 NYCRR 373-3.7; and

('c') the survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by this subdivision and subdivision (f) of this section have been filed with the local zoning authority, or the authority with jurisdiction over local land use, and with the county clerk in the county in which the facility is located, and with the commissioner; and

(ii) submit a certification, signed by the owner or operator, that the notation specified in subparagraph (i) of this paragraph has been made, including a copy of the document in which the notation has been placed, to the commissioner.

(3) If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, and all contaminated structures, equipment, and soils, the owner or operator must request a modification to the approved post-closure plan in accordance with the requirements of paragraph (h)(7) of this section. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the criteria of paragraph (g)(3) of this section. By removing hazardous waste, the owner or operator may become a generator of hazardous waste and must manage it in accordance with all applicable requirements of Parts 372 and 373 of this Title. If the owner or operator is granted a permit modification or otherwise granted approval to conduct such removal activities, the owner or operator may request that the commissioner approve either:

(i) the removal of the notation on the deed to the facility property or other instrument normally examined during title search; or

(ii) the addition of a notation to the deed or instrument indicating the removal of the hazardous waste.

(j) Certification of completion of post-closure care. No later than 60 days after completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator must submit to the commissioner, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification must be signed by the owner or operator and an independent professional engineer registered in New York. Documentation supporting the professional engineer's certification must be furnished to the commissioner upon request until the commissioner releases the owner or operator from the financial assurance requirements for post-closure care under section 373-3.8(f)(8) of this Subpart.

(k) Post-closure requirements for facilities that obtain enforceable documents in lieu of post-closure permits.

(1) Owners and operators who are subject to the requirement to obtain a post-closure permit under subdivision 373-1.2(e) of this Title, but who obtain enforceable documents in lieu of post-closure permits, as provided under paragraph 373-1.2(e)(3), must comply with the following requirements:

(i) The requirements to submit information about the facility in subdivision of this Title 373-1.5(o);

(ii) The requirements for facility-wide corrective action in subdivision 373-2.6(l) of this Title;

(iii) The requirements of subdivisions 373-2.6(b) through 373-2.6(k) of this Title.

(2) (i) The department, in issuing enforceable documents under subdivision 373-3.7(k) in lieu of permits, will assure a meaningful opportunity for public involvement which, at a minimum, includes public notice and opportunity for public comment:

('a') When the Department becomes involved in a remediation at the facility as a regulatory or enforcement matter;

('b') On the proposed preferred remedy and the assumptions upon which the remedy is based, in particular those related to land use and site characterization; and

('c') At the time of a proposed decision that remedial action is complete at the facility. These requirements must be met before the department may consider that the facility has met the requirements of paragraph 373-1.2(e)(3) of this Title, unless the facility qualifies for a modification to these public involvement procedures under subparagraph (2)(ii) or (iii) of this subdivision.

(ii) If the department determines that even a short delay in the implementation of a remedy would adversely affect human health or the environment, the department may delay compliance with the requirements of subparagraph (2)(i) of this subdivision and implement the remedy immediately. However, the department must assure involvement of the public at the earliest opportunity, and, in all cases, upon making the decision that additional remedial action is not needed at the facility.

(iii) The department may allow a remediation initiated prior to October 22, 1998 to substitute for corrective action required under a post-closure permit even if the public involvement requirements of subparagraph (2)(i) of this subdivision have not been met so long as the department assures that notice and comment on the decision that no further remediation is necessary to protect human health and the environment takes place at the earliest reasonable opportunity after October 22, 1998.