§ 27-0918 — Closure and post-closure plans

New York § 27-0918

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Industrial Hazardous Waste Management
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-0918. Closure and post-closure plans.\n 1. Owners and operators of hazardous waste facilities shall submit to\nthe department for its approval plans for the closure and post-closure\nmonitoring and maintenance of their facilities. The department may\npromulgate rules and regulations concerning the contents of such plans.\nSuch regulations shall reflect due consideration of relevant federal\nrequirements and except where necessary to serve the public interest or\ninconsistent with the purposes of this section, shall conform to\nrelevant federal regulations, but shall in no case be less stringent\nthan such federal requirements and regulations. In the case of new\nfacilities, such plans shall be approved prior to the effective date of\nthe facility's operating permit. In the case of existing facilities,\nsuch plans shall be submitted to the department within six months of the\neffective date of this section, and shall be approved, denied or\nmodified by the department within twelve months of submission.\n 2. Together with the submission of a plan for closure and post-closure\nmonitoring and maintenance, the owner or operator of a hazardous waste\nfacility shall submit to the department for approval a written estimate\nof the costs associated therewith. The estimate of closure costs must\nequal the cost of closure at the point in the facility's operating life\nwhen the extent and manner of its operation would make closure the most\nexpensive, as indicated by its closure plan.\n 3. The owner or operator shall prepare new closure and post-closure\nmonitoring and maintenance cost estimates whenever the department or the\nowner or operator determines that a change in either the closure or\npost-closure monitoring and maintenance requirements affects the cost of\nclosure or post-closure care respectively.\n 4. One year after the approval of the cost estimates as set forth in\nsubdivision two of this section, and annually thereafter until closure\nof the facility, the owner or operator shall adjust the closure and\npost-closure monitoring and maintenance estimates to account for\ninflation.\n 5. All estimates made pursuant to this section and revisions thereto\nshall be subject to the review and approval of the department.\n 6. The department shall periodically review the methods and\ninstruments of financial assurances for permitted hazardous waste\nfacilities to determine whether they are adequate in light of changed\ncircumstances to insure proper closure and post-closure monitoring and\nmaintenance of such facilities.\n 7. The provisions of this section relating to post-closure monitoring\nand maintenance plans and cost estimates associated therewith shall only\napply to owners and operators of disposal facilities.\n