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Policy DMM-3 Guidance for Renewing or Modifying an Existing Part 360 Permit for Construction and Demolition Debris Landfills Three Acres or Less in Area

I. Summary:

This program policy document establishes operational requirements related to permit renewals or modifications of existing Construction and Demolition (C&D) debris landfills that are three acres or less in area and were permitted under Section 360-7.3 of the 6 NYCRR Part 360 regulations in effect before November 4, 2017.

II. Policy:

This Program Policy establishes operational requirements for existing C&D debris landfills that are three acres or less in area (L3 Landfills) and were permitted under Section 360-7.3 of the 6 NYCRR Part 360 Series regulations in effect before November 4, 2017. This policy provides guidance for the implementation of and compliance with the Part 360 Series with respect to the continued operation of L3 Landfills and outlines the options for L3 Landfills at the time of Part 360 permit expiration, renewal or permit modification. This policy provides guidance to DMM staff, facility owners and operators of L3 Landfills, and the general public. The guidance contained in this policy has been established to ensure consistency in reviewing and approving permit renewals and permit modification applications and is intended for use in conjunction with NYS DEC's permitting and regulatory authority found in the 6 NYCRR Part 360 Series regulations.

III. Purpose and Background:

C&D debris landfills that are three acres or less in area (L3 landfills) were previously permitted under Section 360-7.3 of 6 NYCRR Part 360 in effect before November 4, 2017. This section established operational requirements including the disposal of C&D debris, other than pulverized C&D debris, at a rate of no more than 200 tons per week and required L3 landfills to be constructed with a base liner system that consisted of two feet of soil with a coefficient of permeability of 1x10-5 centimeter per second or less.

In contrast, current Part 363, subdivision 363-6.6(b), requires all C&D debris landfills to be constructed with a minimum single composite liner and leachate collection and removal system. This single composite liner must be comprised of a nominal 60 mil or thicker high-density polyethylene (HDPE) geomembrane placed above and in direct and uniform contact with a minimum two-foot-thick low permeability soil layer that has a remolded hydraulic conductivity of 1x10-7 centimeter per second or less. Above the composite liner, a leachate collection and removal system that meets the requirements of paragraph 363-6.6(a)(3) must be installed. It is important to note that the current Part 363 does not differentiate among C&D debris landfills with respect to their size. It regulates all landfills used for the disposal of C&D debris in the same manner.

In the current solid waste regulations, the transition provision in paragraph 360.4(b)(3) allows all permitted landfills to continue to operate under the Part 360 regulations in effect before November 4, 2017 until the landfill's permit is renewed or modified. As a result, L3 landfills are allowed to continue to dispose of C&D debris in a landfill with a low permeability liner system until their current permit expires, is renewed or is modified.

In addition, paragraph 360.4(o)(2) specifies that retrofitting of existing structural components including landfill liners is not required. As a result, when a L3 landfill submits a permit application to renew or modify the permit to the Department, the transition provision will allow for the continued disposal of C&D debris in the previously constructed portions of these landfills until the existing capacity is utilized.

IV. Responsibility:

All DMM staff, in Central and Regional offices, are responsible for complying with the procedures established in this guidance document.

V. Procedure:

A. Written Communications to the Facility

The deadline for submission of a complete application for renewal of a permit must be submitted at least 180 days before the existing permit expires as required by subdivision 360.16(g).

DEC staff will send a written notice to the facility explaining the changes in the regulations and the facility's options for continued operations of the landfill as a result of the November 4, 2017 regulatory update of the Part 360 series and as a result of the options described in Sections B, C, and D of this policy. The written notice will be sent to the facility at least 270 days before the expiration of the permit.

B. Facility Operations with a Limited Waste Stream

If the facility decides to continue operation of the landfill using the existing low permeability liner system beyond the current permit expiration date, the waste accepted for disposal must adhere to a limited waste stream. Upon permit renewal, L3 landfills operating with a low permeability liner system will be permitted under the nonspecific facility provisions of section 360.17 and, to ensure the protection of groundwater, the Department will include an operating condition that allows the L3 landfill to only accept tree debris, uncontaminated soil and rock from land clearing, utility line maintenance, and season or storm-related cleanups as well as recognizable uncontaminated concrete and concrete products, asphalt pavement, brick, glass, soil, and rock. The facility must submit a permit modification application in accordance with the nonspecific facility provisions in section 360.17 with updated documentation as necessary. At a minimum, the facility must submit an updated Operations and Maintenance Manual, which includes the procedures to be used to ensure the acceptance of a limited waste stream, and the methods to recognize, remove and refuse unacceptable waste at the landfill and an updated closure and post-closure care plan. All documents must be submitted along with the permit modification application for Departmental review.

C. Facility Operations with a Permitted Stream

If the facility does not want to adhere to the limited waste stream as described in section IV.B. of this policy, the facility can continue to operate the landfill with the existing low permeability liner system for the remainder of the current Part 360 permit at which point the facility must either close the landfill or construct a liner system that meets the requirements of current Part 363 under a modified permit and prior to disposal of additional waste.

If the facility chooses not to construct a liner system that meets the requirements of current Part 363, the landfill can continue to accept the permitted waste stream until permit expiration. At the time of the expiration of their permit, the facility must initiate closure of the facility following the requirements in section 360-7.6 of the Part 360 in effect prior to November 4, 2017. The final cover system must be placed on the entire landfill within one year of last waste acceptance in accordance with paragraph 360-7.3(b)(9) and paragraph 360-7.5(e)(3) of the Part 360 in effect prior to November 4, 2017.

D. Construction of Liner System

  1. L3 landfills constructing cells before permit renewal. For L3 landfills with permits issued prior to November 4, 2017, the subsequent landfill development transition provision in paragraph 360.4(o)(1) specifies that the construction of additional lined landfill areas, included in the permit but for which engineering reports, plans and drawings have not been approved by the Department, must comply with the construction requirements of Part 360 and Part 363. Therefore, any construction at L3 landfill after the effective date of this policy must be in accordance with the current subdivision 363-6.6(b) requirement for C&D debris landfills.
  2. L3 landfills with existing constructed capacity at the time of permit renewal. If the facility chooses to construct a liner system that meets the requirements of Part 363 in order to continue to accept the permitted waste stream, the facility must submit a permit modification that contains the information required by Subpart 363-4 as well as information necessary to meet the criteria described in section 360.16 at least 180 days before the permit expires.

VI. Related References:

  • 6 NYCRR Part 360, October 9, 1993
  • 6 NYCRR Part 360 Series, November 4, 2017