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Subpart 383.10: Environmental and Structural Monitoring

(Statutory authority: Environmental Conservation Law, arts. 3, 17, 19, 27, 29)

[Effective Date March 14, 1993 ]

Contents:

Sec.

§383-10.1 Applicability.

Sections 383-10.2 through 383-10.8 specify the minimum monitoring requirements for a land disposal facility. Except as otherwise provided in this Part, any person who maintains or operates a land disposal facility subject to this Part must monitor the facility in accordance with this subpart.

§383-10.2 General monitoring and inspection requirements.

(a) The following general requirements apply to all monitoring required by this subpart or the permit:

(1) Samples and measurements taken for the purpose of monitoring must be representative of the activity and medium being monitored.

(2) The monitoring systems and data evaluation process must have sufficient sensitivity to demonstrate that the performance objectives and all applicable federal and state environmental standards are met.

(3) The permittee must maintain monitoring systems and equipment in good working order and protect them from tampering, vandalism, and inclement weather.

(4) All monitoring systems and equipment must be periodically inspected, tested, and calibrated to ensure the proper and continuous functioning of the monitoring system and equipment.

(5) All monitoring programs must include collection of data to be used as input to the models used in the technical analysis required by sections 383-3.4(h)(2) and 383-13.4(b)(8) of this Part.

(6) If a monitoring station required by this Part fails to operate properly or is unexpectedly removed from service, the permittee must immediately notify the department. Unless otherwise directed by the department, the permittee must replace or repair the monitoring station, as necessary, to bring the station back into operation as soon as possible.

(7) A systematic numbering system must be established for all samples collected, and a unique identification number must be assigned to each sample.

(8) The permittee must retain and maintain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation in accordance with section 383-13.2 of this Part. Records of monitoring information must include:

(i) the date, exact place, sample identification number, and time of sampling or measurements;

(ii) the name of the individual who performed the sampling and measurement;

(iii) the date the analyses were performed;

(iv) the name of the individual who performed the analyses;

(v) the analytical techniques or methods used;

(vi) the result of such analyses with radiological results reported in both the International System of Units (i.e., becquerels, grays, and sieverts) and customary units (i.e., curies, rads, and rems);

(vii) records of internal laboratory quality assurance and control; and

(viii) additional information relating to the analyses as requested by the department.

(9) Monitoring data in the permittee's computer must at all reasonable times be available to the department through electronic access to the permittee's computer. Where continuous monitoring data are transmitted by telephone from the monitoring device to the permittee's computer, the permittee must provide to the department telephone access to the data at all times.

(10) When facility closure is commenced, a closure, post-closure and institutional control period environmental monitoring program must be implemented. This monitoring program must be based on the disposal method(s), the site design, the operating history and the closure and stabilization of the disposal site. It must be approved by the department in the modification of the permit for facility closure.

(11) Monitoring during the closure, post-closure, and institutional control periods must, to the maximum extent practicable, utilize the same monitoring points as those that were utilized during the operation of the land disposal facility.

(12) Monitoring plans submitted by the applicant must include a description of the following:

(i) the media to be monitored;

(ii) the equipment, instruments, and facilities to be used;

(iii) the data recording and statistical analysis procedures to be used;

(iv) the organization of the staff that will perform the monitoring; and (v) the quality assurance and quality control procedures to be followed.

(b) General inspection requirements.

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

(i) release of radioactive material to the environment; and

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

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

(i) The operator must keep this schedule at the land disposal facility.

(ii) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection.

(iii) The frequency of inspection may vary for the items on the schedule. However, it should be based on the rate of possible deterioration of the equipment and the probability of an environmental or public health and safety incident if the deterioration or malfunction or any operator error goes undetected between inspections.

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

(4) The owner or operator must record inspections in an inspection log or summary, and must retain those records as required by section 383-13.2 of this Part. 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 actions taken to remedy problems found.

§383-10.3 Pre-operational monitoring.

(a) The applicant or the permittee must conduct a pre-operational monitoring program.

(1) At the time a permit application is submitted, the applicant must have performed environmental monitoring to provide the data required as part of a complete application by subpart 383-3 of this Part. For characteristics such as rainfall, air temperature, and groundwater levels that are subject to seasonal variation, data must have been collected for at least 12 consecutive months. If the applicant is the New York State Energy Research and Development Authority acting pursuant to section 1854-c of the Public Authorities Law, this monitoring may have been conducted, in part, by the Commission.

(2) The applicant must continue the pre-operational monitoring program until either the department denies the application for a permit or the effective date of the permit.

(b) The pre-operational monitoring program must provide environmental data on the site and the surrounding vicinity as described in section 383-10.3(c) of this Part. The data must be collected on the site and also at a sufficient distance from the site to provide background concentrations and levels.

(c) The pre-operational monitoring program must include:

(1) information about the ecology, meteorology, climate, demography, natural resources, land use, hydrology, geology, geochemistry, and seismology of the disposal site;

(2) background levels of radiation and background concentrations of radioactive materials in air, water, soils, flora, and fauna; and

(3) concentrations and distribution of radioactive materials and any other constituents, both in the environment and released by other nearby facilities, that may affect the ability of the land disposal facility to meet the performance objectives or that may mask the environmental monitoring program.

(4) an aerial radiation survey of the site and the land within a five-mile radius of the site, with the results of the survey referenced to the grid system required by section 383-11.2(c) of this Part.

(d) With the exception of those monitoring stations intentionally located at the future locations of disposal units, pre-operational monitoring stations must be located, to the extent practicable, so that:

(1) the stations will not have to be decommissioned during site operations;

(2) the stations will continue to provide useful data during the operation, closure, post-closure, and institutional control periods; and

(3) pre-operational, operational, and post-operational data can be meaningfully compared.

(e) The pre-operational monitoring program must be designed to detect any significant changes in site environmental conditions caused by construction activities.

§383-10.4 Environmental monitoring.

(a) Requirements for environmental monitoring.

(1) The applicant must submit an environmental monitoring plan as part of the complete permit application.

(2) The permittee must establish and conduct an environmental monitoring program as required by section 383-10.4 of this Part and in accordance with the environmental monitoring plan approved by the department in the permit. The permittee must conduct the environmental monitoring program from the effective date of the initial permit until the end of the institutional control period.

(3) The permittee must design the environmental monitoring program to provide data that can be used to:

(i) detect the movement of radionuclides or other contaminants out of the disposal units;

(ii) evaluate the potential health and environmental impacts that may arise during operation of the land disposal facility;

(iii) provide reasonable assurance that the land disposal facility meets the performance objectives;

(iv) evaluate the potential for long-term adverse effects caused by the land disposal facility and the need for mitigative measures;

(v) evaluate the accuracy of, and need for revision of, the environmental monitoring program;

(vi) make a comparison with the data collected during pre-operational monitoring (through such measures as the use of the same sampling locations, frequencies, and analyses), where practicable and where such measures would not conflict with meeting the other requirements of this subpart;

(vii) make a comparison between the properties of the soils and earthen material excavated with design assumptions; and

(viii) during the operation period, provide data that can be used to assess the adequacy and appropriateness of the closure plan.

(4) The environmental monitoring program must include:

(i) monitoring of direct radiation, including regular surveys to detect surface contamination outside of buildings;

(ii) monitoring of air, groundwater, surface water and drainage systems, soil, flora, and fauna for the radionuclides in the waste disposed of on the site;

(iii) monitoring for seismic activity; and

(iv) every five years, or as deemed necessary by the department, an aerial radiation survey of the disposal site and the land within a five-mile radius of the disposal site, with the results of the on-site survey referenced to the site grid system required by section 383-11.2(c) of this Part.

(5) Monitoring stations used in the environmental monitoring program must be located to collect data that will be representative of what is being monitored.

(6) For the monitoring required by section 383-10.4(a)(4) of this Part, at least one monitoring station must be at each of the following locations:

(i) on the disposal site;

(ii) at the boundary of the site;

(iii) off-site, but within one mile of the site boundary; and

(iv) at a location sufficiently removed from the land disposal facility to provide background data.

(7) The environmental monitoring program must have sufficient redundancy and overlap in equipment used and media monitored and sampled to provide reasonable assurance that the monitoring requirements of sections 383-10.4(a)(3) and (4) will be met in the event of the failure, loss, or malfunction of individual monitoring stations or equipment.

(8) The environmental monitoring program must be capable of providing sufficient warning of significant releases of radionuclides and other contaminants from the disposal units. Significant releases to the ground, groundwater, or surface water must be detected in sufficient time to allow the permittee adequate time to respond before the released substances reach other disposal units or the site boundary.

(9) The permittee must periodically evaluate all environmental monitoring data to assure the early detection of any significant releases of radionuclides and other contaminants from the disposal units to allow the permittee adequate time to respond before the released substances reach the site boundary.

(10) In addition to the requirements of this Part, the monitoring requirements of Part 373 of this Title for hazardous wastes must be satisfied for the treatment, storage, and disposal of mixed wastes.

(b) Review and revision of the plan for the environmental monitoring program.

The permittee must review the environmental monitoring program plan at least annually and revise it as necessary, subject to the approval of the department. At a minimum, the plan must be revised when the permittee or the department determines that:

(1) site characteristics, designs, or operations have changed and the environmental monitoring program is no longer appropriate for the changed conditions;

(2) the environmental monitoring program is no longer sufficient to accurately demonstrate that the performance objectives are being met;

(3) the environmental monitoring program is no longer able to provide early warning of releases of radionuclides and other contaminants from the disposal site;

(4) changes in conditions of the site have significantly affected or altered the functioning of the environmental monitoring program; or

(5) the environmental monitoring program no longer meets the requirements of this subpart.

§383-10.5 Monitoring of disposal units.

(a) The applicant must submit a disposal unit monitoring plan as part of the complete permit application.

(b) The permittee must establish and conduct a disposal unit monitoring program as required by section 383-10.5 of this Part and in accordance with the disposal unit monitoring plan approved by the department in the permit. The permittee must begin the disposal unit monitoring program when construction of the first disposal unit is completed and, except for underground mined repositories, must continue it until the end of the institutional control period. For underground mined repositories, disposal unit monitoring must be conducted during the operation period, and, as necessary to safely perform facility closure, during the closure period.

(c) During the operation period, the disposal unit monitoring program must include provisions for:

(1) detecting infiltration of water into the disposal units;

(2) sampling and analysis, for the presence of radioactive materials and hazardous components, of any liquids discharged from the disposal units or collected in the internal drainage system or the external foundation drainage system; and

(3) monitoring for the generation of methane and other gases within the disposal units.

(d) During the closure, post-closure, and institutional control period, the disposal unit monitoring program must provide for the detection of significant releases of radioactive material to the environment. In addition, the disposal unit monitoring program must include the provisions described in sections 383-10.5(c)(1)-(3) to the extent that such provisions are feasible and will not adversely affect the ability of the land disposal facility to meet the performance objectives.

(e) A separate and independent monitoring system must be provided for each disposal unit.

(f) Any liquids discharged from the disposal units or collected in the internal leachate collection system or the external foundation drainage system must be treated as necessary to comply with section 382.11 of this Title and any other required permits.

(g) The permittee must, at least once a year, review the plan for the disposal unit monitoring program and revise it as necessary, subject to the approval of the department. At minimum, the plan must be revised when the permittee or the department determines that:

(1) the disposal unit designs or operations have changed and the disposal unit monitoring program is no longer appropriate for the changed conditions;

(2) the disposal unit monitoring program is no longer sufficient to accurately demonstrate that the performance objectives are being met; or

(3) the disposal unit monitoring program no longer meets the requirements of this subpart.

§383-10.6 Monitoring of associated facilities.

(a) The applicant must submit an associated facilities monitoring plan as part of the complete permit application.

(b) The permittee must establish and conduct an associated facilities monitoring program as required by section 383-10.6 of this Part and in accordance with the associated facilities monitoring plan approved by the department in the permit. The permittee must conduct the associated facilities monitoring program from the date that waste is first received at the land disposal facility until operation of all associated facilities that are subject to monitoring has ceased.

(c) The associated facilities monitoring program must include provisions for sampling and analysis of the following:

(1) any liquid releases from any building, parking lot, or other area in which waste is received, inspected, treated, stored, or housed for any other reasons;

(2) wastewater from vehicle and other equipment washing or decontamination;

(3) ventilation systems and other potential sources of airborne releases to the atmosphere from any building in which waste is received, inspected, treated, stored, or housed for any other reason; and

(4) flue gases and ash from incinerators, if any are operated on the site.

(d) The permittee must, at least once a year, review the associated facilities monitoring program plan and revise it as necessary, subject to the approval of the department. At minimum, the plan must be revised when the permittee or the department determines that:

(1) the designs or operations of the associated facilities have changed and the associated facilities monitoring program is no longer appropriate for the changed conditions;

(2) the associated facilities monitoring program is no longer sufficient to accurately demonstrate that the performance objectives are being met; or

(3) the associated facilities monitoring program no longer meets the requirements of this subpart.

§383-10.7 Structural monitoring.

(a) The applicant must submit a structural monitoring plan as part of the complete permit application.

(b) The permittee must establish and conduct a structural monitoring program to provide ongoing assessment and verification of the performance of the disposal units and structural components. The permittee must conduct the structural monitoring program as required by section 383-10.7 of this Part and in accordance with the structural monitoring plan approved by the department in the permit. The permittee must begin the structural monitoring program when construction of the first disposal unit is completed and must continue it through the end of the institutional control period.

(c) The performance of disposal units and the structural components must be monitored for, at a minimum, structural deformation, cracking, settlement, subsidence, deterioration and failure.

(d) The structural monitoring program must include:

(1) a schedule of weekly visual inspections of the exterior portions of the disposal unit;

(2) remote sensing of inaccessible areas, where applicable;

(3) meters and gauges, as necessary; and

(e) The permittee must, at least once a year, review the plan for the structural monitoring program and revise it as necessary, subject to the approval of the department. At minimum, the plan must be revised when the permittee or the department determines that:

(1) disposal unit designs or operations have changed and the structural monitoring program is no longer appropriate for the changed conditions;

(2) the structural monitoring program is no longer sufficient to accurately demonstrate that the performance objectives are being met;

(3) the performance of previously filled disposal units indicates a need for plan revisions; or

(4) the structural monitoring program no longer meets the requirements of this subpart.

§383-10.8 Reporting requirements.

(a) The results of the monitoring programs required by sections 383-10.4 through 383-10.7 of this Part must be reported to the department as part of the monthly and annual reports required by subpart 383-13 of this Part. Information from the monitoring programs to be submitted to the department in the monthly and annual reports must include:

(1) data generated from the monitoring programs, with an indication of the range of error in the data, and the results of any data evaluation and computer modeling performed;

(2) evaluation of the potential public hazard and environmental impacts posed by the land disposal facility; and

(3) evaluation of the adequacy and reliability of the monitoring programs and the need for revision of the plans for the monitoring programs.