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Subpart 360-7:Construction and Demolition Debris 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.

§360-7.1 Applicability, exemptions and definitions.

(a) Applicability. This Subpart regulates landfills (except those located in Nassau or Suffolk County) into which only construction and demolition (C&D) debris is placed. As used in this Subpart, landfill refers only to such a landfill. C&D debris landfills in Nassau and Suffolk Counties are regulated under Subpart 360-8 of this Part.

(b) Exemptions.

(1) The following facilities are exempt from the permit requirements of this Part provided the facilities operate only between the hours of sunrise and sunset, and (if the allowable waste comes from an off-site source) no fee or other form of consideration is required for the privilege of using the facility for disposal purposes:

(i) A site at which only the following C&D debris is placed: recognizable uncontaminated concrete and concrete products (including steel or fiberglass reinforcing rods that are embedded in the concrete), asphalt pavement, brick, glass, soil and rock.

(ii) A landfill for the disposal of trees, stumps, yard waste and wood chips generated from these materials is exempt when origin and disposal of such waste occur on properties under the same ownership or control.

(iii) A C&D debris landfill is exempt if it meets the requirements of section 809 of the Adirondack Park Agency Act and is under the jurisdiction of, and constructed and operated pursuant to, a permit issued by the Adirondack Park Agency. However, C&D debris landfills under the jurisdiction of the Adirondack Park Agency operating without written authorization from the Adirondack Park Agency are subject to regulation under this Part.

(2) A landfill that falls under the jurisdiction and is located on the property of either the New York State Thruway Authority (TA) or the New York State Department of Transportation (DOT) is exempt from regulation under this Part if it meets the specifications contained in a memorandum of understanding executed by the TA and the department or the DOT and the department. Until such memoranda are executed, the TA and DOT must comply with the requirements of this Part.

(c) Definitions. The following terms have the following meanings when used in this Subpart:

(1) Local need means that no other facility is available to the project sponsor for the disposal of C&D debris within a five-mile radius of the location of the proposed facility.

(2) Pulverized means processed by mechanical means such as, but not limited to crushing, grinding, chipping or shredding that breaks and intermixes the components of C&D debris into small fragments so that the basic constituents of these fragments cannot be readily identified by the department through visual observation.

(3) Recognizable means solid waste that can be readily identified as C&D debris by visual observation.

(4) Uncontaminated means C&D debris that is not mixed or commingled with other solid waste at the point of generation, processing or disposal, and that is not contaminated with spills of a petroleum product, hazardous waste or industrial waste. Contamination from spills of a petroleum product does not include asphalt or concrete pavement that has come into contact with petroleum products through normal vehicle use of the roadway.

(d) Landfill expansions. Landfills to be laterally expanded or developed in stages must comply with the requirements of paragraph 360-1.8(d)(1) of this Part. In addition, when a landfill is proposed to be developed in stages or is proposed to be constructed on a parcel of property which already contains a landfill, such proposed expansion or landfill must comply with the requirements for a landfill whose size is the sum of the area of the existing landfill and the proposed expansion or new landfill. For purposes of this subdivision, a parcel of property includes all parcels of property which have been subdivided from a single parcel of property within five years prior to the date the application for a permit to construct and operate such expansion or landfill is submitted to the department. An application to construct and operate such a lateral expansion or landfill with a total area greater than three acres may not be deemed complete by the department until final closure of the existing landfill.

§360-7.2 Registration.

(a) Land clearing debris landfills. Landfills three acres or less in area used for the disposal of only land clearing debris are eligible for the registration provisions of subdivision 360-1.8(h) of this Part, rather than the permit requirements of this Part, provided the landfill is operated in compliance with ECL 27-0707.2-a and all the applicable requirements of subdivision 360-1.8(h) and this section are met.

(b) Location restrictions. In addition to the requirements of subdivision 360-1.8(h) of this Part the facility must not be located within a floodplain or within 100 feet of a federal or State regulated wetland.

(c) Additional operational requirements. In addition to the operational requirements listed under subdivision 360-1.8(h) of this Part, the following operational requirements must be satisfied:

(1) A minimum separation distance of 50 feet must be maintained between the fill boundaries and the site property line or a public right-of-way.

(2) The materials listed in subparagraph 360-7.1(b)(1)(i) of this Subpart may also be accepted at this facility provided the placement of these materials is segregated from the land clearing debris disposal area.

(3) The entire disturbed area used for disposal purposes must be covered with at least two feet of compacted cover material within 180 calendar days of ceasing the acceptance of land clearing debris. The top six inches of this cover material must be capable of sustaining vegetative growth.

(4) The final slopes of the landfill must not exceed 25 percent and must not be less than 2 percent.

(5) The owner must comply with the transfer of ownership provisions contained in subdivision 360-7.6(f) of this Subpart.

§360-7.3 C&D debris landfills three acres or less.

The following requirements apply to landfills three acres or less in area at which C&D debris, other than pulverized C&D debris, will be disposed of provided no more than 200 tons of C&D debris is received per week. All other C&D debris landfills not specifically exempt or registered under this Part must comply with the requirements of section 360-7.4 of this Subpart.

(a) Permit application requirements. In addition to the applicable requirements set forth in section 360-1.9 of this Part, complete applications for initial permits to construct and operate a landfill subject to this section must contain the following:

(1) Engineering drawings. The engineering drawings must include the following:

(i) A regional plan or map that delineates the entire existing and proposed service area of the landfill and indicate directions and distances to airports within five miles of the landfill.

(ii) A vicinity plan or map that shows the area within one mile of the property boundaries of the landfill, including the existing and proposed zoning and land uses within that area; all residences; public water supply wells, known principal and primary water supply aquifers, surface waters (with quality classifications) and access roads.

(iii) A site plan that shows the landfill's property boundaries (as certified by an individual licensed to practice land surveying in the State of New York); off-site and on-site utilities (such as electric, gas, water, storm, and sanitary sewer systems) and right-of-way easements; the names and addresses of contiguous property owners; the location of soil borings, excavations, test pits, gas venting structures, wells, piezometers, environmental and facility monitoring points and devices, benchmarks and permanent survey markers, and on-site buildings and appurtenances, fences, gates, roads, parking areas, drainage culverts and signs; the delineation of the total landfill area including planned staged development of the landfill's construction and operation, and the lateral and vertical limits of previously filled areas; the location and identification of the sources of cover materials; the location and identification of any special waste handling areas; a wind rose; and site topography with five-feet minimum contour intervals.

(iv) Detailed engineering drawings of the landfill that clearly show, in plan and cross-sectional views, the original, undeveloped site topography before excavation or placement of solid waste; the existing site topography (if different from the original, undeveloped site topography) including the location, approximate thickness and nature of any existing solid waste; using a 100-foot square grid, the relationship between the seasonal high groundwater table, generalized geologic units, known and interpolated bedrock elevations, the proposed limits of excavation and waste placement and the base of the liner system; all base system components including berms, dikes, ditches, swales and any other devices required to divert or collect surface water run-on and run-off from the facility; the final elevations and grades of the landfill cover system (including the low permeability barrier, protection layer and topsoil layer); groundwater monitoring wells; roadway sections, slopes and profiles; the building floor plans, elevations, appurtenances; and plans detailing the landfill entrance area, including gates, fences and signs.

(2) Engineering report. An engineering report containing a description of the existing site conditions and an analysis of the proposed landfill that:

(i) demonstrates that the project either is consistent with the applicable goals and objectives of the local solid waste management plan of the planning unit in which the landfill is proposed or meets a local need;

(ii) describes the existing conditions in the proposed service area including characterization of the C&D debris waste stream by quantity, composition, source, and the basis for this determination; and describes the existing collection and disposal practices, and other C&D debris disposal facilities in the service area;

(iii) specifies the proposed design capacity of the landfill, in cubic yards and tons per day, for which approval is being sought, including the design life of the landfill;

(iv) contains a discussion of how the project will conform to the requirements of subdivision (b) of this section and section 360-7.5 of this Subpart;

(v) includes a closure and post-closure plan that incorporates and presents the information required by section 360-7.6 of this Subpart; and

(vi) contains a discussion of the future use of the property on which the facility is located after closure of the facility.

(3) Construction quality assurance/ construction quality control (CQA/CQC) inspection plan. The landfill's inspection plan for the construction phase must describe how the applicant proposes to meet the requirements of subdivision (b) of this section. For each phase of construction, this plan must include:

(i) a delineation of the inspection management hierarchy and organizational structure stating the chain of command of the inspectors and contractors;

(ii) a description of the required level of experience and training for the contractor, crew, and inspectors for every major phase of construction of sufficient detail to ensure that the installation methods and procedures required in subdivision (b) of this section are properly implemented; and

(iii) a description of the required testing protocol and inspections for every major phase of construction, which must include the frequency of inspections, field testing, sampling for laboratory testing, the sampling and field testing procedures and equipment to be used, the calibration of field testing equipment, the frequency of system performance audits, the sampling size, the laboratory procedures to be used, the calibration of laboratory equipment and quality assurance and quality control of laboratory procedures, the limits for test failure, and a description of the corrective procedures to use upon test failure.

(4) Hydrogeologic report. The scope of the hydrogeologic investigation and report must include determination of groundwater flow direction, depth to groundwater, and location of bedrock, and demonstrate compliance with paragraphs 360-7.3(b)(5) and (6) of this section. The department may require water quality monitoring based on the size and expected life of the facility and the distance to potential groundwater users. (5) Site selection. A discussion of site selection must be presented in the engineering report. In addition to the provisions of paragraph 360-1.7(a)(2) of this Part, all landfills regulated under this section are subject to the siting restrictions contained in subparagraph 360-7.4(a)(5)(i) of this Subpart, with the exception that these landfills may be sited over principal aquifers, but must not be sited over primary water supply aquifers or within public water supply stabilized cone of depression areas.

(6) Operation and maintenance manual. The landfill's operation and maintenance manual must include the requirements set forth in paragraph 360-7.4(a)(6) of this Subpart, with the exception of subparagraph 360-7.4(a)(6)(viii).

(b) Construction requirements. All landfills subject to regulation under this section must conform to the following requirements:

(1) Construction certification report. A construction certification report must be submitted to the department within 45 days after the completion of landfill construction. This report must certify that construction was completed in accordance with the approved plans and specifications and include the resulting information prepared in accordance with the requirements of paragraph 360-7.3(a)(3) of this section and the information required in paragraph 360-7.3(b)(8) of this section. The construction certification report must also contain as-built drawings noting any deviation from the approved engineering plans and a comprehensive narrative including, but not limited to daily reports from the project engineer and a series of color photographs of major project aspects.

(2) Horizontal separation requirements.

(i) The minimum horizontal separation between a landfill and the property line or a public right-of-way must be 50 feet as measured from the toe of the proposed final cover slope.

(ii) The required horizontal separation between deposited solid waste and any surface waters must be adequate to preclude contravention of State surface water standards in the surface water body or flooding of the landfill from the surface water body. The department may require greater horizontal separation between solid waste and surface waters when those surface waters are actively used as sources of municipal water supply.

(3) One permanent survey benchmark of known elevation must be established and maintained at the site. This benchmark must be the reference point for establishing vertical control.

(4) The New York Transverse Mercator (NYTM) coordinates of the landfill must be established, and a project control baseline must be laid out with at least one of the end-points being a benchmark with known coordinates.

(5) A minimum separation of five-feet must be maintained between the base system and the seasonal high groundwater table. The nature of the materials making up this separation, whether natural or backfilled, shall be subject to department approval.

(6) A minimum of ten-feet separation must be maintained between the base system and bedrock. The nature of the materials making up this separation, whether natural or backfilled, shall be subject to department approval.

(7) Base system. The base system must consist of at least two feet of soils having a coefficient of permeability of 1 x 10-5 centimeters per second or less. The project engineer must ensure that the base installation conforms with the following minimum requirements:

(i) If in situ soils are to comprise the base, the project engineer must demonstrate the coefficient of permeability of those soils to be 1 x 10-5 centimeters per second or less, with one permeability test performed on every acre of landfill area. The results of these tests must be submitted to the department as part of the engineering report.

(ii) If off-site soils must be used for the base, or if in situ soils must be reworked to form the base, compaction must be performed in accordance with the applicable requirements of subparagraphs 360-2.13(j)(2)(i) and (ii) of this Part. The moisture content of the base material must be maintained within the range identified in accordance with paragraph (8) of this subdivision before and during compaction of the soil lift to ensure that the remolded lift attains a maximum in situ coefficient of permeability of 1 x 10-5 centimeters per second. The density achieved after compaction must be within the range identified in accordance with paragraph (8) of this subdivision to ensure the remolded lift attains a maximum in situ coefficient of permeability of 1 x 10-5 centimeters per second.

(8) Certification requirements. The project engineer must include in the construction certification report a discussion of the approved data resulting from testing required in this paragraph. The testing procedures must be discussed in the engineering report and approved by the department. The results of all testing must be submitted in the construction certification report, including documentation of any failed tests and descriptions of the procedures used to correct the failed material and statements of all retesting performed.

(i) The project engineer must certify the laboratory testing of any base materials to ensure that the specified materials meet the permeability requirements of this subdivision and the approved engineering plans, reports, and specifications. Before construction of the base system, the following information must be approved by the project engineer: an analysis of soil particle size tested at a minimum of every 1,000 cubic yards of base materials to be placed; Atterberg limits analyses to obtain the plastic and liquid limit and plasticity index for every 5,000 cubic yards of base material to be placed; a minimum of one laboratory permeability test using a triaxial cell with back pressure for every 5,000 cubic yards of base material to be placed; a moisture content test for a minimum of every 1,000 cubic yards of base material to be placed; and a series of moisture-density- permeability tests to determine the range of moisture and density that will yield a maximum coefficient of permeability of 1 x 10-5 centimeters per second for a minimum of every 5,000 cubic yards of base material to be placed.

(ii) Field testing required in this subparagraph must be compared to and evaluated against the laboratory testing of subparagraph (i) of this paragraph, where applicable. Field testing must include: a minimum of nine density tests performed per acre per lift of base material placed; a minimum of five moisture content tests performed per acre per lift of base material placed; and one shelby tube sample taken per acre per lift to perform a laboratory permeability test. Any penetration of the base must be repaired using bentonite or other means acceptable to the department.

(9) Final cover system.

(i) Final landfill slopes must not be less than 4 percent, or greater than 25 percent and must be stable when subjected to the peak discharge from a rainfall intensity of a 24-hour duration, 25-year storm. A surface water drainage system may be necessary to provide such protection.

(ii) The final cover system must consist of the following components:

(a) Barrier soil covers. A barrier soil cover is a soil layer of low permeability constructed to minimize precipitation migration into the landfill.

(1) Barrier soil covers must consist of materials capable of achieving a remolded coefficient of permeability of 1 x 10-7 centimeters per second on slopes ten percent or less. On slopes greater than ten percent the barrier soil cover must consist of materials having a coefficient of permeability of 1 x 10-5 centimeters per second or less. Geomembrane covers meeting the requirements of paragraphs 360-2.13(r)(1)-(3) of this Part may be substituted for the barrier soil cover.

(2) Barrier soil covers must be constructed in accordance with the same requirements contained in paragraph 360-2.13(j)(2) of this Part with the following exceptions: the barrier soil cover must have a minimum compacted thickness of 18 inches, the minimum slope must not be less than 4 percent or greater than 25 percent, and the cover must be graded to eliminate ponding, promote drainage and minimize erosion.

(b) Protection layer. A soil layer not less than 24 inches thick must be installed on top of the barrier soil cover. Material specifications, installation methods and compaction specifications must be adequate to protect the barrier soil cover from desiccation cracking, frost action, and root penetration, promote stability and resist erosion at the final design slopes of the landfill.

(c) Topsoil layer. A topsoil layer or alternative soil material of not less than six inches thick in-place must be installed on top of the protection layer. The topsoil or alternative soil material must be sufficient to maintain vegetative growth.

(d) Gas venting system. A gas venting system below the barrier soil layer may be required by the department.

§360-7.4 C&D debris landfills greater than three acres.

The following requirements apply to all C&D debris landfills greater than three acres in area and C&D debris landfills that accept any pulverized C&D debris from a C&D debris processing facility permitted by or registered with the department pursuant to Subpart 16 of this Part, or C&D debris landfills that do not meet the requirements of section 360-7.3 of this Part.

(a) Permit application requirements. In addition to the applicable requirements set forth in section 360-1.9 of this Part, applications for initial permits to construct and operate a landfill must contain the following:

(1) Engineering drawings. The engineering drawings must contain the following:

(i) A regional plan or map that must include the same information required under subparagraph 360-7.3(a)(1)(i) of this Subpart.

(ii) A vicinity plan or map that must include the same information required under subparagraph 360-7.3(a)(1)(ii) of this Subpart.

(iii) A site plan that must include the same information required under subparagraph 360-7.3(a)(1)(iii) of this Subpart.

(iv) Detailed engineering drawings of the landfill that must clearly show, in plan and cross-sectional views, the original, undeveloped site topography before excavation or placement of solid waste; the existing site topography (if different from the original, undeveloped site topography), including the location, approximate thickness, and nature of any existing solid waste; using a 100-foot square grid, the relationship between the seasonal high groundwater table, generalized geologic units, known and interpolated bedrock elevations, the proposed limits of excavation and waste placement and the base of the liner system; detailed construction drawings depicting the location and placement of the liner system and the leachate collection and removal system, locating and showing all critical grades and elevations of the collection pipe inverts and drainage envelopes, manholes, cleanouts, valves, sumps, leachate flow control and metering devices, and drainage blanket thickness; all berms, dikes, ditches, swales and any other devices required to divert or collect surface water run-on and run-off; the final elevations and grades of the landfill cover system (including the grading and gas venting layer, low permeability soil and/or geomembrane barriers, protection layer and topsoil layer); the system for venting decomposition gases generated within the landfill; groundwater monitoring wells; leachate storage, treatment and disposal system including the leachate collection network; roadway sections, slopes and profiles; the building floor plans, elevations, appurtenances; and plans detailing the landfill entrance area, including gates, fences and signs.

(2) Engineering report. In addition to the requirements set forth in section 360-1.9 of this Part, the engineering report must contain a description of the existing site conditions and an analysis of the proposed landfill that must:

(i) describe the existing conditions in the proposed service area including characterization of the C&D debris waste stream by quantity, composition, source, and the basis for this characterization; and describe the existing collection and disposal practices, and other facilities in the service area;

(ii) specify the design capacity of the landfill in cubic yards and tons per day, for which approval is being sought, including the design life of the landfill;

(iii) contain an erosion and sediment control plan which must be prepared in accordance with paragraph 360-2.7(b)(8) of this Part;

(iv) contain a discussion of how the project will conform to the requirements of subdivision (b) of this section and section 360-7.5 of this Subpart;

(v) include a closure and post-closure care plan that must incorporate and present the information required by section 360-7.6 of this Subpart; and

(vi) contain a discussion of the future use of the property on which the facility is located after closure of the facility.

(3) Construction quality assurance/construction quality control plan. The landfill's construction quality assurance/ construction quality control plan must meet the requirements of section 360-2.8 of this Part.

(4) Hydrogeologic report. The hydrogeologic report must be included in the engineering report and must meet the requirements of section 360-2.11 of this Part with the following exceptions:

(i) The regional geology section of the site investigation report may be abbreviated as allowed by the department to only that information necessary to understand the nature of on-site materials, the routes of groundwater migration from the site, and a discussion of major hydrogeologic features near the site.

(ii) Only the first water bearing unit must receive groundwater monitoring. The department may require site specific investigation and groundwater monitoring to extend below this depth at sites with complex groundwater flow patterns or geochemical distributions, or at facilities where groundwater contamination is detected either before or after landfilling has begun.

(iii) The existing water quality analysis may be reduced to one round of baseline parameters in a representative number of wells and one round of routine parameters in the remaining wells. If contamination is detected, the department may require additional analyses, including expanded parameter analyses, to determine the nature and extent of the contamination.

(iv) After the first year of sampling and analysis, the department may reduce the requirements for operational water quality monitoring. In any case, however, these may not be reduced to less than one routine parameter sampling event every six months.

(5) Site selection. A discussion of site selection must be presented in the engineering report. A site selection study will be required only if the applicant proposes a site that fails to meet the requirements of subparagraphs (i) and (ii) of this paragraph.

(i) Landfill siting restrictions. In addition to the provisions of paragraph 360-1.7(a)(2) of this Part, the following landfill siting restrictions apply.

(a) Primary water supply and principal aquifers.

(1) Except as provided in subclause (2) of this clause, no new landfill and no lateral expansion of an existing landfill may be constructed over primary water supply aquifers, principal aquifers, or within a public water supply stabilized cone of depression area.

(2) The commissioner may allow lateral expansions of landfills in operation pursuant to a valid Part 360 permit or order on consent as of December 31, 1988 that are on principal aquifers, if there is a demonstrated local need for the capacity provided by the expansion that cannot be reasonably provided elsewhere and that outweighs the potential risk of contamination to the aquifer. Additionally, the landfill expansion must promote the implementation of the State's solid waste management policy set forth in ECL 27-0106 and must be an integral part of any local solid waste management plan that is in effect for the planning unit (as defined in ECL 27-0107) within which the facility is located; and the expansion must comply with all other requirements of this Part. However, the maximum time period allocated by the commissioner for any such expansion must not allow operation beyond December 31, 1995. In granting any expansion pursuant to this subparagraph, the commissioner must impose specific conditions that are reasonably necessary to assure that the expansion will, to the extent practicable, have no significant adverse impact on public health, safety or welfare, the environment or natural resources, and such approval contributes to the proper management of solid waste at the earliest possible time.

(3) The required horizontal separation between deposited solid waste and primary water supply aquifers, principal aquifers or public water supply stabilized cone of depression areas must be sufficient (based on the rate and direction of groundwater flow, landfill design, and requirements for corrective action in the event of failure of the landfill's containment system) to preclude contravention of groundwater standards in the aquifer.

(b) Floodplains. Owners or operators of new landfill units, existing landfill units and lateral expansions located in 100-year floodplains must demonstrate that the unit will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health and the environment.

(c) Aircraft safety.

(1) A landfill or landfill subcell into which C&D debris is to be disposed must be located no closer than 5,000 feet from any airport runway end used by piston-powered fixed-wing aircraft and no closer than 10,000 feet from any airport runway end used by turbine-powered fixed-wing aircraft.

(2) The permittee of an existing landfill or landfill subcell that is authorized to dispose of construction and demolition debris and that is located less than 10,000 feet from any airport runway end used by turbine-powered fixed-wing aircraft or less than 5,000 feet from any airport runway end used only by piston-powered fixed-wing aircraft must provide in its permit renewal application documentation that the Federal Aviation Administration believes the landfill or landfill subcell does not pose a bird hazard to aircraft.

(3) The final elevation of a new landfill or expansion of an existing landfill must not extend more than 200 feet above the highest elevation of the land surface that existed prior to landfill development unless the Federal Aviation Administration believes that the proposed fill height in excess of 200 feet will not present a safety hazard to air traffic.

(d) Unstable areas. A landfill must not be located in unstable areas where inadequate support for the structural components of the landfill exist or where changes in the substrate below or adjacent to the landfill are capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from the landfill. An application for expansion of an existing landfill must demonstrate that adequate support for the structural components of the landfill exist or can be engineered to support any additional loads that may be generated by continued operation of the facility. For purposes of this subparagraph, the terms unstable area, structural components, poor foundation conditions, areas susceptible to mass movement and karst terrains have the same meanings ascribed to them in paragraph 360-2.12(c)(4) of this Part.

(e) Unmonitorable or unremediable areas. New landfills must not be located in areas where environmental monitoring and site remediation cannot be conducted. Identification of these areas must be based upon ability to sufficiently characterize groundwater and surface water flow to locate upgradient and downgradient directions; ability to place environmental monitoring points which will detect releases from the landfill; ability to characterize and define a release from the landfill and determine what corrective actions are necessary and ability to carry out those corrective actions. Landfill expansions adjacent to existing landfills which are already contaminating groundwater may be allowed by the department if the proposed expansion area can be constructed in a way that demonstrates compliance with the requirements of this Part. This may be demonstrated using remedial actions at the existing site resulting in a demonstrated improvement in groundwater quality; and including any additional monitoring requirements that the department requires to ensure the integrity of the expansion area, which may include leakage detection lysimeters installed beneath the new liner, statistical triggers of groundwater monitoring, tracers, additional monitoring wells surrounding the entire site and any other monitoring methods required by the department.

(ii) New landfills and lateral expansions of existing landfills must be located on a site exhibiting the following characteristics:

(a) Bedrock subject to rapid or unpredictable groundwater flow must be avoided unless it can be demonstrated that a containment failure of the facility would not result in contamination entering the bedrock system.

(b) The site must not be near any mines, caves or other anomalous features that may alter groundwater flow.

(c) Unconsolidated deposits on the site exist or are constructed to be ten feet or greater in thickness as measured from the base of the constructed liner system.

(iii) New landfills and lateral expansions of existing landfills that do not meet the requirements of subparagraphs (i) and (ii) of this paragraph must comply with subdivision 360-2.12(b) of this Part.

(6) Operation and maintenance manual. The landfill's operation and maintenance manual must be prepared as a separate document and must demonstrate how the landfill will meet the requirements set forth in sections 360-7.5 and 360-7.6 of this Subpart. The manual must be presented in a manner that is sufficiently clear and comprehensive for actual use by the landfill's operator during the stated life of the landfill. This manual must contain:

(i) a characterization of the anticipated amount of construction and demolition debris to be received in cubic yards and tons per day for which approval is sought, the fill progression of the landfill and the method of C&D debris placement and compaction;

(ii) a method of elevation control for the operator including the location and description of a survey benchmark;

(iii) a description of the landfill's personnel requirements including a discussion of their responsibilities and duties at the landfill;

(iv) a description of the machinery and equipment to be used at the landfill, their authorized uses and safety features;

(v) a description of the landfill's operational controls, including, but not limited to signs, hours and days of operation, landfill usage rules and regulations and traffic flow controls;

(vi) a description of the landfill's waste receiving process for all C&D debris, including procedures for identification of wastes to be excluded, wastes to receive special handling and procedures to be implemented if waste other than C&D debris is delivered to, or found at, the landfill;

(vii) a description of the landfill's cover material placement and management plan, stating the type of cover, the frequency that cover will be placed to control odors (specifically odors resulting from hydrogen sulfide gas), fire hazards, vectors, blowing litter and scavenging, the quantities available, and quantities required for each type on a time-phase basis, including the method of cover material placement and compaction;

(viii) a description of the landfill's leachate management plan which includes the information required under subdivision 360-2.9(j) of this Part.

(ix) a contingency plan which includes the information required by subdivision 360-1.9(h) of this Part and a detailed description of actions to be taken in response to contingency events which may occur during the operation and closure/post-closure periods of the landfill. This plan must address the following contingencies: fires, odors (including odors from hydrogen sulfide gas), dust, groundwater and surface water contamination and equipment breakdown;

(x) a description of the landfill's water quality monitoring program consistent with the applicable requirements of paragraphs 360-7.3(a)(4) and 360-7.4(a)(4) of this Subpart; and

(xi) a post-closure monitoring and maintenance manual, which must provide personnel with detailed instructions for assuring efficient monitoring (including, as applicable, leachate management, environmental sampling and analysis, and proper maintenance of all facility components, in order to maintain the facility in accordance with the provisions of the manual for a minimum period of 30 years after landfill closure).

(7) Leachate treatment plan. A leachate treatment plan must be prepared and include the information required under subdivision 360-2.3(k) of this Part.

(8) Financial assurance. The most recent closure and post-closure care cost estimate for the facility prepared in accordance with section 360-2.19 of this Part and a copy of the documentation required to demonstrate financial assurance under section 360-2.19 of this Part.

(b) Construction requirements. All landfills subject to regulation under this section must conform to the following:

(1) Construction certification report. A construction certification report must be submitted to the department within 45 days after the completion of landfill construction. This report must certify that construction was completed in accordance with the approved plans and specifications and include the resulting information prepared in accordance with the requirements of paragraph 360-7.4(a)(3) of this section and the information required in paragraphs 360-7.4(b)(7) and (8) of this section. The construction certification report must also contain as-built drawings noting any deviation from the approved engineering plans and a comprehensive narrative including, but not limited to, daily reports from the project engineer and a series of color photographs of major project aspects. A permittee may not operate a landfill under this Subpart until the department approves in writing the construction certification report.

(2) Horizontal separation requirements.

(i) The minimum horizontal separation between a landfill and the property line or a public right-of-way must be 50 feet as measured from the toe of the proposed final cover slope.

(ii) The required horizontal separation between deposited solid waste and any surface waters must be adequate to preclude contravention of State surface water standards in the surface water body or flooding of the landfill from the surface water body. In no case can solid waste be deposited closer than 100 feet from the mean high water elevation of any surface waters. The department may require greater horizontal separation between solid waste and surface waters when those surface waters are actively used as sources of municipal water supply.

(3) One permanent survey benchmark of known elevation must be established and maintained at the site for each 25 acres, or part thereof, of the developed landfill. This benchmark must be the reference point for establishing vertical control.

(4) The NYTM coordinates of the landfill must be established and a project control baseline must be laid out with at least one of the end-points being a benchmark with known coordinates.

(5) A minimum separation of five-feet must be maintained between the base of the constructed liner and the seasonal high groundwater table. The nature of the materials making up this separation, whether natural or backfilled, shall be subject to department approval.

(6) A minimum of ten-feet separation must be maintained between the base of the constructed liner and bedrock. The nature of the materials making up this separation, whether natural or backfilled, shall be subject to department approval.

(7) The provisions of subdivisions 360-2.13(i)-(o) of this Part apply to these landfills with the following exceptions:

(i) Liner system. The minimum liner system consists of a single composite liner and a leachate collection system. The composite liner must consist of geomembrane having a minimum thickness of 60 mils that directly overlays a soil layer designed in accordance with the provisions of subdivisions 360-2.13(j) and (k) of this Part, with the exception of subparagraph 360-2.13(j)(1)(i).

(ii) Leachate collection and removal system.

(a) Leachate collection and removal system above the liner system must be designed, constructed, maintained and operated to collect and remove leachate from the landfill and ensure that the leachate head on the liner system does not exceed one foot at the expected flow, except during storm events. A means of assessing leachate flows must be detailed on plans and discussed in the engineering report. The collection and removal system must be designed and constructed in accordance with the requirements of subdivisions 360-2.13(h), (l) and (m) of this Part, with the exception of subparagraph 360-2.13(l)(2)(ii).

(b) The leachate collection and removal system must be designed and constructed to operate without clogging throughout the effective facility life and post-closure maintenance period. The leachate collection and removal pipe network must be designed to be accessible for routine cleaning and maintenance.

(8) Final cover system. The final cover system must consist of a layered system (gas venting layer, barrier soil or geomembrane layer, barrier protection layer and top soil layer) which meets the requirements of subdivision 360-2.15(d) of this Part. Final landfill slopes must not be less than 4 percent, nor greater than 33 percent and must be stable when subjected to the peak discharge from a rainfall intensity of a 24-hour, 25-year storm event. A surface water drainage system may be necessary to provide such protection.

(9) Landfill gas control. Landfill gas control systems must be designed in accordance with subdivision 360-2.15(e) of this Part to prevent the migration of concentrated amounts of landfill gases off-site.

§360-7.5 Operation requirements.

All landfills subject to regulation under sections 360-7.3 and 360-7.4 of this Subpart must conform to the operation requirements in this section and in section 360-1.14 of this Part, except that landfills three acres or less in size are exempt from the requirements of subdivisions 360-1.14(o) and (t) of this Part and paragraphs 360-7.5(b)(4) and (5) of this section unless specifically required by the department.

(a) Water quality monitoring program. A water quality monitoring program must be implemented that satisfies the applicable requirements of paragraphs 360-7.3(a)(4) and 360-7.4(a)(4) of this Subpart and special permit conditions pertaining to such a program.

(b) Annual report. An annual report must be submitted to the department's central office and the office of the department administering the region in which the facility is located, no later than 60 days after the first day of January following each year of operation on forms prescribed by or acceptable to the department. Such report must contain the following information (about the previous calendar year's operation):

(1) the total quantity of waste received in cubic yards and tons, and the percentage of the remaining approved design volume left;

(2) a tabulation of any water quality analysis results that were generated as required by this Subpart;

(3) any deviations from the approved plans, specifications, operating requirements and permit conditions;

(4) the amount of leachate collected, if any, and how it was handled, treated and disposed; and

(5) annual adjustments to closure and post-closure care cost estimates and financial assurance documents, and applicable corrective measures cost estimates and financial assurance documents, as required in section 360-2.19 of this Part.

(c) Specific waste placement requirements.

(1) C&D debris must be spread in layers not exceeding five feet in uncompacted thickness.

(2) The first layer of waste placed in contact with any leachate management structures must be at least five feet in compacted thickness, of a select nature and placed in a manner that will not impact or impede the operation of these structures.

(3) No slope may be greater than 33 percent.

(d) Cover. Cover material must be applied in accordance with the department-approved operation and maintenance manual to control odors, fire hazards, vectors, blowing litter and scavenging.

(e) Final cover system. The final cover system must be applied and maintained under any of the following circumstances:

(1) whenever an additional lift of C&D debris is not applied within a one-year period;

(2) when three acres of the landfill attains final elevation, within 90 days after such elevation is attained;

(3) to an entire landfill for which an application for a permit has been denied or for which a permit has expired or is revoked; and

(4) for sites greater than three acres in size, a progressive final cover installation schedule must be designed and implemented. Generally, closure in two acre increments will be acceptable.

(f) Vegetative cover. A vegetative cover must be established on all exposed final cover material as soon as possible, but not later than four months after placement. If this cannot be achieved due to seasonal constraints, measures must be taken to ensure the integrity of the capping system before the establishment of vegetative cover.

(g) Leachate. All landfills must be constructed and operated to minimize the generation of leachate. All leachate collection and removal systems must be operated in a free-flow condition and maintained to prevent no more than a one-foot head on the liner.

(h) Unauthorized waste. Disposal in a C&D debris landfill of any material not specifically allowed in the definition of C&D debris or which is further restricted by permit conditions is expressly prohibited. Documented violations regarding disposal of unauthorized waste will result in revocation of the permit issued pursuant to this Part and closure of the landfill. Under these circumstances, the standards that will apply to landfill closure and post-closure activities shall be those contained in section 360-2.15 (in lieu of section 360-7.6) of this Part. Disposal of unauthorized waste without the knowledge of the operator will not constitute a defense against revocation of the permit or implementation of the additional closure and post-closure requirements.

(i) Public access. An attendant must be on duty during all operating hours of the landfill. The landfill must only be operated between the hours of sunrise and sunset.

(j) Recordkeeping. The landfill operator must have in his possession during all hours of operation, a copy of the permit issued pursuant to this Part, including conditions, a copy of the operation and maintenance manual and the most recent annual report.

§360-7.6 Closure and post-closure criteria.

In addition to the applicable requirements of Subpart 360-1, subdivisions 360-7.3(b) and 360-7.4(b), and section 360-7.5 of this Subpart, all landfills regulated under sections 360-7.3 and 360-7.4 of this Subpart must conform to the following requirements for closure and post-closure:

(a) Final closure plan. The final closure plan must be developed in accordance with the applicable requirements of paragraphs 360-7.3(b)(9) and 360-7.4(b)(8), and subdivision 360-7.5(e) of this Subpart.

(b) Landfills without an approved closure plan. For landfills that do not have an approved plan for closure, the final cover plan must meet the requirements of subdivision (a) of this section. To determine if remedial work in addition to final cover is necessary, a closure investigation must be conducted and a closure plan which reflects the results of the investigation must be submitted for department approval. The investigation must define the nature and extent of current, as well as the potential for release and migration of contaminants from the landfill and must include the following:

(1) A hydrogeologic investigation must be performed in accordance with the applicable requirements of paragraphs 360-7.3(a)(4) and 360-7.4(a)(4) of this Subpart.

(2) A surface leachate investigation must be performed. The objectives of this investigation are to identify the presence of uncontrolled leachate at or near the landfill; to document any instances where fugitive leachate from the landfill is impacting local surface waters, and to characterize the chemical constituents of surface leachate.

(3) A vector investigation must be performed to identify the presence of any vectors that inhabit the landfill including, but not limited to rodents, insects, and birds.

(4) An explosive gas survey.

(c) Landfills where maximum slope exceeds 33 percent. For existing landfills without a department-approved plan for closure where the maximum slope of 33 percent was exceeded before December 31, 1988, the landfill may be closed with slopes exceeding 33 percent if supported by a slope stability analysis, which must be submitted to the department, and providing the following criteria are met:

(1) Final grades must not exceed 50 percent for more than a 20 feet vertical rise.

(2) For longer slopes, run-off diversion terraces must be constructed at vertical intervals not exceeding 20 feet. The terraces must be designed to intercept run-off for diversion to appropriately spaced drainage ways leading off the landfill slopes. All terrace and drainage way slopes must be at least four percent.

(3) Surface water drainage systems must be designed and constructed to protect the final cover system from the peak discharge based on a rainfall intensity of a 24-hour, 25-year storm event.

(d) Maintenance.

(1) Soil cover integrity, slopes, cover vegetation and drainage structures must be maintained during the post-closure monitoring and maintenance period as required by the department.

(2) Environmental and facility monitoring points will be maintained and sampled during the post-closure period for a minimum of 30 years or longer as required by the department. Annual summary reports shall be submitted to the department. Annual baseline and quarterly routine monitoring shall be performed on groundwater, surface water and leachate samples for a minimum period of five years. The requirements for subsequent analysis will be determined at the end of each five-year period.

(3) Maintenance of any leachate removal system is required to ensure the system remains operational over the 30-year monitoring and maintenance period. The method of treatment and disposal of the leachate must be addressed for as long as leachate is capable of contaminating the environment.

(e) Post-closure monitoring and maintenance manual. A post-closure monitoring and maintenance manual as described in subparagraph 360-7.4(a)(6)(xi) of this Subpart must be submitted as part of the operation and maintenance manual described in paragraph 360-7.4(a)(6) of this Subpart. This document must provide personnel with detailed instructions for assuring efficient monitoring, including, as applicable, leachate management, environmental sampling and analysis, reporting and proper maintenance of all facility components in order to maintain the facility in accordance with the provisions of the manual as approved by the department for a minimum period of 30 years after landfill closure.

(f) Transfer of ownership. Upon transfer of ownership of a C&D debris landfill site that is required to operate under permit or registration pursuant to this Part, a provision must be included in the property deed indicating the period of time during which the property has been used as a landfill, a description of the wastes contained within and the fact that the records for the facility have been filed with the department. Said deed shall also reference a map which shall be filed with the county clerk, showing the limits of the landfilled areas within the property.

(g) Closure and post-closure registration report. The owner or operator of a closing facility must comply with the requirements of subdivision 360-2.15(l) of this Part, except that landfills three acres or less in size are exempt from the financial assurance requirements of subdivision 360-2.19 of this Part unless specifically required by the department.

§360-7.7 Corrective measures

C&D debris landfills issued a permit after October 9, 1993 that are required to conduct water quality monitoring are subject to the requirements of section 360-2.20 of this Part with the following exceptions:

(a) The corrective measures assessment required under paragraph 360-2.20(a)(3) shall include closure in accordance with section 360-7.6 rather than section 360-2.15 of this Part.

(b) The requirements of paragraph 360-2.20(a)(4) of this Part will not apply to C&D debris landfills unless otherwise determined by the department.