TAGM SW-98-13 Landfill Regulatory Responsibility
Effective Date: May 3, 2001 (supersedes TAGM DMM-98-09)
I. PURPOSE
TAGMs are developed to provide guidance and clarify program issues to facilitate compliance with statutory and regulatory requirements. They also provide assistance to Department staff and the regulated community in interpreting and applying regulations and to Division of Materials Management (DMM) staff in achieving program uniformity throughout the state. A TAGM cannot impose new requirements beyond those contained in existing regulations or statutes. Furthermore, a TAGM is not a fixed rule; therefore, it does not create any enforceable right by any party using the TAGM.
The purpose of this TAGM is to provide DEC staff, the regulated community and the public with information on how to identify the Division having "primary regulatory responsibility" for ensuring that the intent of the Department's regulations are met at a particular landfill.
All TAGMs are in effect until revised or rescinded.
II. BACKGROUND
The primary responsibility for regulating landfills which are not regulated under RCRA Subtitle C, but are listed in the Registry of Inactive Hazardous Waste Disposal Sites (Registry), rests with the DMM, or the Division of Environmental Remediation (DER), depending on the landfill's Registry classification and its operating status. The DER would assume primary responsibility for those landfills where continued operation may interfere with remediation (Registry Class 1 or 2) or where a remediated site may require more stringent monitoring than DMM might require. Due to the many overlaps in the two programs, the two Divisions must closely coordinate their efforts.
III. GUIDANCE
The Division identified below as having "primary regulatory responsibility" is responsible for ensuring that the intent of the Department's regulations is met at a particular landfill. This is accomplished by documenting any regulatory violations and notifying the appropriate Division within the Department that has "regulatory authority" over those particular violations. For example, if regulated hazardous wastes were being illegally stored at a landfill, the Division with "primary regulatory responsibility" would document this violation and report it to the DMM for appropriate action.
Staff within the DMM or DER do not need to be trained specifically to recognize violations of all Departmental regulations. However, if a Department staff person does recognize a potential violation of a Departmental regulation, that person should report it to the appropriate Division with the regulatory authority. Since landfills would most likely violate a DMM regulation, this TAGM focuses on that issue.
The following is a tabular summary of site status and resultant regulatory responsibility:
| Landfill Registry Classification |
Landfill Operating Status | Primary Regulatory Responsibility |
|---|---|---|
| 1 | Active Inactive |
DER DER |
| 2 | Active (remediation under way)1 Active (remediation pending) Inactive |
DER DMM2 DER |
| 2a | Active Inactive |
DMM2 DER3 |
| 3 | Active Inactive |
DMM DMM4 |
| 4 | Inactive | DER |
| 5 | Inactive | DMM |
Note:
- Remediation is under way upon execution of a Remedial Order or upon a determination that state or federal funds will be used to remediate the landfill.
- Only with respect to daily operations.
- DMM will be responsible for implementing closure required by 6 NYCRR Part 360 Solid Waste Management Facilities (Part 360) upon DER determination that such action will not interfere with ongoing or future investigations or remedial actions.
- If remedial investigation/design/closure and post-closure monitoring are undertaken because of hazardous waste disposal at the landfill, then primary responsibility shifts from DMM to DER.
During a site visit by DER personnel, if potential violations of regulations for the operation of a facility accepting solid waste (i.e., blowing papers, uncontrolled leachate discharge, etc.) are observed, they should be documented. A copy of that documentation should be sent to the appropriate Regional Materials Management Supervisor with a copy to the Bureau of Permitting and Planning, for action. Regardless of the site classification, DMM has primary "regulatory authority" for the operation of solid waste disposal and is responsible for all Part 360 determinations.
The DER has responsibility for the remedial investigation/design/closure and post-closure monitoring oversight for Class 1, 2, and 4 hazardous waste sites listed in the Registry.
