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Subpart 360-8:Long Island Landfills

(Statutory authority: Environmental Conservation Law, Sections 1-0101, 3-0301, 8-0113,19-0301, 19-0306, 23-2305, 23-2307, 27-0101, 27-0106, 27-0107, 27-0109, 27-0305, 27-0703, 27-0704, 27-0705, 27-0911, 27-1317, 27-1515, 52-0107, 52-0505, and 70-0107)

[Effective Date December 31, 1988]

[Amendment Dates:
Revised Effective March 27, 1990; with promulgation of new Subpart 15: Grants for Comprehensive Solid Waste Management Planning.
Revised Effective May 28, 1991; With repeal of existing Subpart 9 and promulgation of new Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 25, 1992; With repeal of existing Subpart 10 and promulgation of new Subpart10: Regulated Medical Waste Storage, Transfer, and Disposal, and new Subpart 17 Regulated Medical Waste Treatment Facilities.
Revised/Enhanced Effective October 9, 1993; with adoption of amendments to existing Subparts 1 through 17
Revised Effective December 14, 1994; with adoption of amendments to existing Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 14, 1995; With repeal of existing Subpart 14 and promulgation of new Subpart 14: Used Oil.
Revised Effective November 26, 1996; With adoption of amendments to existing Subparts 1, 2, 3, 7, 11, 14, and 17

Revised Effective September 29, 1997; With adoption of amendments to existing Subpart 9
Revised Effective November 21, 1998; With adoption of amendments to existing Subpart 2
Revised Effective November 24, 1999; With adoption of amendments to existing Subparts 2, 3, 4, 5, 9, 11, 14, and 16]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 4 contents page. A list of sections in this subpart appears below.]

Contents:

Sec.

§360-8.1 Applicability.

Landfills located in Nassau and Suffolk Counties are subject to this Subpart and Subparts 360-1 and 360-2, except subdivision 360-2.14(a) and paragraph 360-2.14(b)(1) of this Part.

§360-8.2 Definitions.

(a) Definitions. The following terms have the following meanings when used in this Subpart. The terms deep flow recharge area, downtime waste, Long Island Comprehensive Waste Treatment Management Plan of 1978 and treatment facility are the same as found in the Long Island Landfill Law, ECL 27-0704.

(1) Clean fill means material consisting of concrete, steel, wood, sand, dirt, soil, glass, construction and demolition debris, and other recognizable inert material designated by the department.

(2) Existing landfill means a landfill that was in operation on December 18, 1983. The lateral limit of an existing landfill is set forth in the permit or consent order in effect on that date or by the limits, projected on a horizontal plane, of the actual solid waste in place on December 18, 1983.

(3) Expansion means a lateral expansion beyond the lateral limits of an existing landfill.

(4) Inert material means material that contains neither leachate constituents at concentrations in excess of groundwater quality standards contained in Part 703 of this Title nor putrescible material.

(5) New landfill means a landfill other than an existing landfill or an expansion.

(6) Product of resource recovery, incineration, or composting means ash residue, noncombustible residue from a recyclables handling and recovery facility, untreatable waste residue from a composting facility, and compost.

(7) Resource recovery system means a system that provides environmentally sound management of collected solid waste through facilities planned, designed, assembled, and constructed to maximize the potential for resource recovery.

(8) Untreatable waste means the same as defined in ECL section 27-0704. Untreatable waste for a solid waste incinerator includes, but is not limited to: batteries, such as dry cell batteries, mercury batteries and vehicle batteries; refrigerators; stoves; freezers; washers; dryers; bedsprings; vehicle frame parts, crankcases, transmissions, and engines; lawn mowers; snow blowers; bicycles; file cabinets; air conditioners; hot water heaters; water storage tanks; water softeners; furnaces; oil storage tanks; metal furniture; propane tanks; and clean fill.

(b) General definitions. In addition to the definitions contained in subdivision (a) of this section, the definitions in section 360-1.2 of this Part also apply, with the exception of paragraph 360-1.2(b)(61) of this Part.

§360-8.3 General landfill requirements.

Except with respect to clean fill landfills, each new landfill located outside the deep flow recharge area, and each expansion and existing landfill is subject to the following conditions:

(a) Site prohibitions. No such facility may be operated if it is located in a regulated wetland, or on a floodplain.

(b) Financial guarantee.

(1) In addition to the requirements of sections 360-1.12 and 360-2.19 of this Part, the owner or operator must post a financial guarantee acceptable to the department securing the costs of:

(i) appropriate corrective action (including the development of alternative water sources) should the facility become a source of groundwater, surface water, or air pollution; and

(ii) the proper operation and maintenance of leachate and other collection and treatment systems for no less than 30 years after the existing landfill, expansion or new landfill is closed.

(2) To assist the department in determining the amount of financial guarantee that may be required: the owner or operator must provide an engineering report on the costs of, providing an alternative potable water supply; corrective action should the facility become a source of groundwater, surface water, or air pollution; and the operation and maintenance of the leachate and other collection and treatment systems. In the case of a new landfill outside the deep flow recharge area or of an expansion, this engineering report must be submitted with the application for the permit to construct and operate. The duration, form, terms of posting, and amount of guarantee required for the facility will be determined by the department, and become conditions of the permit to construct and operate. The guarantee must be submitted to the department as a precondition to the operation of the landfill.

(c) Methane gas. The facility must be designed and operated to minimize the migration of methane gas or other gases beyond the facility's boundaries so as to avert the creation of a nuisance or a danger to property or public health. If the facility has a history of gas migration, an active perimeter gas control system must be constructed and operated. The facility's design must include appropriate means to vent decomposition gases and a gas monitoring program, with gas monitoring probes placed at various depths.

(d) Operational limitations.

(1) The facility (except an expansion inside the deep recharge area) can accept only solid waste and that waste must be limited to material that is the product of resource recovery, incineration, or composting and downtime waste, and untreatable waste. However, downtime waste and untreatable waste may only be deposited in a special disposal area that is located and constructed so as to physically segregate these wastes and minimize their effects on residents of the surrounding area. Not more than 10 percent of the annual rated capacity of a resource recovery facility may be disposed of as downtime waste per year. However, up to 10 percent of the annual rated capacity of more than one resource recovery facility may be so disposed of at a single facility.

(2) If located outside the deep flow recharge area, an existing landfill, expansion, or new landfill also may accept solid waste in addition to that described in paragraph (1) of this subdivision whenever that disposal is approved by the commissioner based upon the findings made after the opportunity for a public hearing that:

(i) no resource recovery facility is available to accept such waste;

(ii) the landfill's owner is making all reasonable efforts to implement a resource recovery system acceptable to the department; and

(iii) the landfilling of that waste will not have a significant adverse environmental impact.In granting any such approval, the commissioner must impose conditions necessary to mitigate any adverse environmental impacts to the maximum extent practicable, and must impose a schedule under which the municipality must implement an acceptable resource recovery system.

(e) Existing landfill liner requirements. An existing landfill used for continued operation after the effective date of this Part must be underlain by at least two natural and/or synthetic liners, each with provisions for leachate collection, and have a treatment and disposal system, all of which are approved by the department.

§360-8.4 Landfills in deep flow recharge areas.

(a) Landfilling at existing landfills within the deep flow recharge areas is prohibited unless the landfilling complies with sections 360-8.1 and 360-8.3 of this Part, and the department has approved such landfilling in advance in writing.

(b) No person may commence construction or operation of a new landfill (except for the disposal of clean fill under section 360-8.6 of this Subpart) that is located in the deep flow recharge area.

§360-8.5 Landfills outside deep flow recharge areas

No person may commence construction or operation of an expansion or new landfill that is located outside of a deep flow recharge area unless the commissioner has made an affirmative determination that it will not pose a threat to groundwater quality, and the requirements of sections 360-8.1 and 360-8.3 of this Subpart are satisfied.

§360-8.6 Disposal of clean fill.

(a) Clean fill disposal requirements. Notwithstanding any other provisions of this Subpart, the commissioner may allow, by permit, the disposal of clean fill in the Counties of Nassau and Suffolk. Solid waste other than that specifically identified in paragraph 360-8.2(a)(1) of this Subpart may be designated as clean fill by petitioning the commissioner to make such a determination.

(b) Exemptions. A site is exempt from regulation under this Part, regardless of its size or location provided that not less than 30 days before starting site construction, the property owner sends a letter to the regional office of the department, and a copy of the letter to the clerk of the town in which the project is located. The letter must state: the intention of using one or more of the types of solid waste described in this subdivision as grade adjustment fill; the exact nature, source, and volume of that waste; the time period over which the activity will occur; the name of the contractor responsible for the work; the areal extent of the proposed fill; the finished grades of the fill area; the exact location of the project; and the intended future use of the filled area including a time schedule for implementing such use; and it does not receive for disposal any solid waste other than recognizable concrete and other masonry solid waste (including steel and fiberglass reinforcing rods that are embedded in concrete), asphalt pavement, sand, dirt, soil, brick, stone and glass that is not contaminated with spills of a petroleum product (contamination does not include asphalt or concrete pavement that has come into contact with petroleum products through normal vehicle use of the roadway), hazardous waste or industrial waste, and that is not commingled with any other solid waste that is placed for the sole purpose of land reclamation, such as grade adjustment before construction of a building, parking area, or roadway; and either

(1) such solid waste is generated and placed as fill on the same property; or

(2) such solid waste being placed as fill is generated off-site and no fee or other form of consideration is required for the privilege of using the site for disposal purposes.

(c) Permit requirements for clean fill sites two acres or less. Except for those sites which are exempt from regulation under subdivision (b) of this section, a site two acres or less in size at which only recognizable concrete and other masonry materials (including steel and fiberglass reinforcing rods embedded in concrete), asphalt pavement, sand, dirt, soil, brick, stone and glass that has not been in contact with any petroleum product (contamination does not include asphalt or concrete pavement that has come into contact with petroleum products through normal vehicle use of the roadway), hazardous waste, or industrial waste, and that is not commingled with any other solid waste when placed at the site, is disposed of, or if placed for land reclamation purposes (such as grade adjustment before construction of a building, parking area, or roadway), regardless of location, and placement occurs on property other than the property on which it was generated, or; a site two acres or less in size, regardless of location, at which only tree stumps, branches, and logs (but not wood chips, grass clippings, leaves or lumber) are disposed of is subject to the following requirements:

(1) The applications for a permit to construct and operate must include the following information:

(i) the exact nature, source, and volume of the material to be disposed of or placed;

(ii) the anticipated life of the facility;

(iii) the name of the person who will operate the facility and the name of each hauler who will deliver to the facility;

(iv) the areal extent and finished grades of the facility;

(v) the exact location of the proposed facility (including a map drawn to scale showing the boundaries of the property upon which the facility will be located, contiguous landowners, and proposed facility boundaries); and

(vi) the intended future use of the property on which the facility is located, including a time schedule for implementing such use.

(2) The engineering standards that apply to facilities in this subdivision are as follows:

(i) Vehicular access to the fill area must be regulated or restricted by natural or constructed barriers, including a gate which must be locked when the site is not attended. The site must be attended during all hours of operation and must be operated only during the hours of sunrise and sunset. The attendant must have in his possession at the facility a copy of the permit issued pursuant to this Part.

(ii) Side slopes must not exceed 25 percent.

(iii) Fill material must not be placed in surface water or groundwater, nor in contact with bedrock.

(iv) Cover material must be placed as necessary to control odors, fire hazards, vectors, blowing litter, and scavenging.

(v) Fill material must be placed in layers not exceeding five feet in uncompacted thickness.

(vi) Final cover must be placed within 30 days after closure of the site, or whenever an additional lift of fill is not applied within a one-year period, or to an entire site which is the subject of an application that is denied, or a permit that terminates or is revoked for any reason. As a minimum, final cover must comply with the provisions of paragraph 360-7.3(b)(9) of this Part.

(vii) The boundary or toe of the fill material must be at least 50 feet from all boundaries of the property upon which the facility is located.

(viii) Subsequent applications to construct and to operate a clean fill disposal area under the provisions of this subdivision for the same property, or property from which it was subdivided within the previous five years, regardless of current ownership must comply with and satisfy the applicable requirements for a clean fill disposal area whose size is the sum of the area of any existing area and the proposed clean fill disposal area.

(d) Permit requirements for clean fill sites larger than two acres. Except for those sites which are exempt from regulation under subdivision (b) of this section, a facility not described in subdivision (c) of this section at which only clean fill is placed or disposed is subject to the permitting requirements of this subdivision:

(1) Application requirements for initial permits to construct and to operate a clean fill landfill are identical to the requirements of section 360-2.3 of this Part.

(2) Clean fill landfill liner and leachate collection and removal systems material, construction and certification requirements are identical to the requirements of subdivisions (a)-(e), (g)-(o) (other than subparagraphs (j)(1)(i), (k)(2)(i) and (l)(2)(i)) and (p)-(w) of section 360-2.13 of this Part. In addition:

(i) the minimum liner requirement for all landfills accepting clean fill must consist of the following:

(a) for new or lateral expansions of existing landfills within the deep flow recharge area, a double liner system consisting of an upper geomembrane and a lower composite liner system meeting the requirements of subparagraph 360-2.13(j)(1)(ii) of this Part, and must provide a primary and a secondary leachate collection and removal system; and

(b) for landfills outside the deep flow recharge area, at least a single composite liner system meeting the requirements of subparagraph 360-2.13(j)(1)(ii) of this Part, with a provision for primary but not secondary leachate collection and removal;

(ii) in the case of double lined clean fill landfills, the upper geomembrane liner must have a minimum thickness of 80 mils, and the lower geomembrane component of the composite liner must have a minimum thickness of 60 mils; and

(iii) the minimum thickness of the soil drainage layer of the primary leachate collection system must be four feet; and

(iv) the boundary or toe of the fill material must be at least 50 feet from all boundaries of the property upon which the facility is located.

(3) Landfill operation requirements are identical to the requirements of subdivisions (a)-(e), (g)-(k), (m), (q), (s),(t) and (u) of section 360-2.17 of this Part, except that the layers of clean fill must not exceed five feet in uncompacted thickness; and cover must be applied as necessary to control vectors, fires, odors, blowing litter, and scavenging.

(4) Landfill closure and post-closure criteria are identical to the requirements of section 360-2.15 and subdivision 360-7.6(c) of this Part. Final cover must, at a minimum, include a gas venting layer, a barrier layer, barrier protection layer, and a topsoil layer. The final cover system must be designed and constructed in accordance with the applicable requirements of subdivisions 360-2.13 (p)-(s) of this Part. Financial assurance criteria are identical to the requirements of section 360-2.19 of this Part.