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Subpart 383.4: Permit Modification For Closure and Post-Closure

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

[Effective Date March 14, 1993]

Contents:

Sec.

§383-4.1 Procedures.

The provisions of Part 621 of this Title apply to permit modifications for facility closure except as indicated herein. Section 383-3.12 of this Part does not apply to permit modifications for facility closure.

§383-4.2 Application requirements.

Prior to facility closure, or in accordance with a judicial decree or final order under ECL Article 71 to cease receiving waste or to close the land disposal facility, the permittee must submit an application to modify the permit to authorize facility closure. A complete application for facility closure must be submitted to the department:

(a) no later than 90 days after disposal of the final shipment of waste accepted for disposal at the land disposal facility; or

(b) at least one year before the date on which the permittee plans to begin final closure of the facility, whichever occurs first; or

(c) as ordered by a judicial decree or final order under ECL Article 71 to cease receiving waste or to close the land disposal facility.

§383-4.3 Contents of complete application for a permit modification for facility closure.

A complete application for a permit modification for facility closure must include the following:

(a) The final revision of the closure plan as required by section 383-9.2(d) of this Part.

(b) The plan for post-closure monitoring and maintenance as required by section 383-9.7 of this Part, with any revisions necessitated by the final revision of the closure plan.

(c) The institutional control plan as required by section 383-9.8, with any revisions necessitated by the final revision of the closure plan and the plan for post-closure monitoring and maintenance.

(d) A demonstration that the proposed closure plan will provide reasonable assurance that the disposal facility will meet the performance objectives. The demonstration must include the technical analyses as described in section 383-3.4(h)(2) of this Part.

(e) Revised site safety and emergency response plans for the closure and post-closure periods that meet the requirements of section 383-12.2 of this Part.

(f) An assessment of current local land use and how it differs from that during the permitting of the land disposal facility and the effect of those differences on the land disposal facility's ability to meet the performance objectives.

(g) An assessment of the current and future doses to the general public due to releases of radioactivity from the land disposal facility based on the actual inventory of waste in the land disposal facility, the results of the monitoring performed pursuant to subpart 383-10 of this Part, and any remediation or maintenance that has been undertaken.

(h) Final as-built drawings of all disposal units and associated facilities referenced to the site grid system required by section 383-11.2(c) of this Part.

(i) A plot plan showing the location of all disposal units and associated facilities, referenced to the site grid system required by section 383-11.2(c) of this Part.

(j) A listing, with appropriate references, of the applicable decontamination levels and all applicable, relevant, and appropriate regulations and standards.

(k) A description of the staff and any contractors who will carry out the facility closure, including:

(i) technical qualifications, training, and experience of staff;

(ii) organizational structure, lines of authority;

(iii) assignments of responsibility; and

(iv) the identity of those individuals who will have the authority to stop work during facility closure.

§383-4.4 Filing and distribution of the facility closure application.

A complete application for permit modification for facility closure must be filed and distributed in accordance with section 383-3.5 of this Part.

§383-4.5 Standards for permit modification for facility closure.

The department will modify the permit to authorize closure as proposed by the applicant or as revised by the department upon a finding that:

(a) The closure of the facility will not constitute an unreasonable risk to the health and safety of the public and to the environment;

(b) The closure plan, the plan for post-closure monitoring and maintenance, and the institutional control plan are adequate to protect the public health and safety and the environment in that they provide reasonable assurance that the performance objectives will be met;

(c) There is reasonable assurance that the applicable requirements in sections 382.30 through 382.83 of this Title and the provisions of this Part will be met;

(d) The institutional control plan provides reasonable assurance that institutional control will be provided for the length of time found necessary to ensure the findings in sections 383-4.5 (b) of this Part and that the institutional control plan meets the requirements of section 383-9.8 of this Part;

(e) The financial assurance requirements of subpart 383-6 of this Part are met; and

(f) The applicable requirements of Part 617 of this Title have been met.

§383-4.6 Notice of department's decision.

Within 30 days of the date of the department's decision on the request for modification to allow facility closure, the permittee must send a notice of the decision to the parties listed in Sections 383-3.5(c) and (d). The notice must include the following information:

(a) a statement that the permittee requested permit modification to allow facility closure;

(b) the department's decision (i.e., whether or not the modification was granted);

(c) if the modification was granted, the date when closure is scheduled to begin and end; and

(d) the names, addresses, and telephone numbers of persons to be contacted for further information. These must include at least one representative of the department and one representative of the permittee.