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; DEC-13-i990 10:51 FROM NYS ENCOM PLBRNY TO 9933296516277748^ P . 0 1
• Po3 t - l t - brand fax transmittal memo 7671 | * at pa^as »• ^ ^
STATE OF NEW YORK
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DEPARTMENT OF. -ENVIRONMENTALUCOHgll^VATION
In the Matter of the AllegedlViolation j of Articles 27 and 71 of the~Kew~ifork State Environmental Conservation Law & PaTrt j 360 of Title 6 of the Official Compilation j of Codes, Rules and Regulations of the State of New York (6 NYCRR), by
TOWN OF ISLIP AND THE ISLIP RESOURCE RECOVERY AGENCY
(Suffolk County) Respondents I X
SDMS Document
113549
ORDER ON CONSENT
FILE NO.1-4421-90-12
WHEREAS, Article 27, Title 7 of the New York State Environmental Conservation Law (ECL) gives the New York State Department of Environmental Conservation (the "Department" or "DEC") the power to promulgate regulations governing the operation of solid waste management facilities; and
WHEREAS, Part 360 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRIv"), contains regulations promulgated pursuant to ECL Article 27, Title 7 governing the construction and operation of solid waste management facilities; and ,
Wl'EREAS, the Town of Islip is a municipal corporation organized and existing under the laws of the State of New York and the Islip Resource Recovery Agency is a pxiblic authority organized and existing under the laws of the State of New Yorjc/ hereinafter collectively referred to as "Respondents"; and
WHEREAS, Respondents own and operate a solid waste landfill, including disposal areas for residential municipal solid waste and for incinerator ash, located at Blydenburgh Road, north of Motor Parkway, Hauppauge, Town of Islip, New York (the "landfill", "facility" or "site"). The landfill has been operatea since 1927; and ^
: >7HEREAS, ECL 27-0704.5 requires that no person shall operate, a landfill existing on the effective date of that section (D^cpmber 18, 1983) in the counties of Nassau and Suffolk; after,-Decen^r 18, 1990 unless the requirements of ECL 27-0704.5 are met;"and""
^•HEREAS, Respondents owned and operated the landfill "before December 18, 1983, the effective date of ECL 27-0704,_continucusly through the present date; and '"' *
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WHEREAS, Respondents' landfill is not underlain by two or more natural and/or synthetic liners, each with provisions for leachate collection, nor does the landfill have a leachate treatment and disposal system approved by the Commissioner, in accordance with ECL 27-0704.5(b); and
WHEREAS, the Respondents' landfill accepts material other than the product of resource recovery, incineration or composting [see ECL 27-0704•5(e)]; and accepts materials other than only clean fill [see ECL 27-0704.6], in that the landfill accepts untreated residential municipal solid waste; and
WHEREAS, the landfill is located within the deep flow recharge area as defined in ECL 27-0704.1; and
WHEREAS, pursuant to ECL 27-0704.5, Respondents' landfill may not accept solid waste or other prohibited materials after December 18, 1990 and therefor must close in accordance with the ECL Article 27 and 6 NYCRR Part 3 60; and
WHEREAS, the landfill is an inactive hazardous waste disposal site as that tem is defined in ECL 27-1301.2, and has been listed in the Registry of Inactive Hazardous Waste Disposal Sites in New York State as Site No. 152002; and
WHEREAS, Respondents executed Orders on Consent with the Department, effective on May 12, 1987 and September l, 1987, whereby the Respondents agreed to perform certain tasks to attain compliance with the ECL Article 27 and 6 NYCRR Part 360; and
WHEREAS, on March 30, 1989, the landfill was listed on the federal National Priority List under the federal Comprehensive Environmental Response, Compensation and Liability Act, 42 USCA 9605; and
WHEREAS, Respondents have constructed and operatPd a municipal i-ev-yv.;liiiy facility at the Sayville landfill site on Lincoln Avenue in Sayville, New York without first obtaining required permits in violation of ECL 27-0707 and 6 NYCRR 360-1 and 12.
l-tcyv.;
WHEREAS, Respondents have failed to maintain and pump collected leachate from three leachate collection wells constructed at the landfill, in violation 6 NYCRR 360-2.17(h). [6 NYCRR 360.8(a)(3) prior to December 31, 1988]; and
WHEREAS, the Department has documented that, as listed in Appendix L, which is attached to and incorporated into this Order, Respondents have operated the landfill in violation of ECL 27-0703 o
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and 6 NYCRR Part 360 as follows:
(1) Respondent disposed of waste in lifts having a height in excess of ten feet in violation of 6 NYCRR 360-2.17(b)(2), [6 NYCRR 3 60.8(b) prior to December 31, 1988]; and
(2) Respondent failed to apply sufficient daily and intermediate cover in violation of 6 NYCRR 360-2.17(c) and (d), [6 NYCRR 360.8(c) and (d) prior to December 31, 1988]; and
(3) Respondent failed to control odors in violation of 6 NYCRR 360-1.14(1), [6 NYCRR 360.8(a)(8) prior to December 31, 1988]; and
(4) Respondent failed to control litter in violation of 6 NYCRR 360-1.14(1), [6 NYCRR 360.8(a)(8) prior to December 31, 1983]; and
(5) Respondent failed to control vectors in violation of 6 NYCRR 360-1.14(1), [6 NYCRR 360.8(a)(8) prior to December 31, 1988]; and
(6) Respondent has been responsible for open burning in violation of 6 NYCRR 360-1.14(q), [6 NYCRR 360.8(a)(15) prior to December 31, 1988]; and
(7) Respondent failed to adequately confine waste in violation of 6 NYCRR 360-1.14(k), [6 NYCRR 360.8(a)(7) prior to December 31, 1988]; and
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(8) Respondent has failed to adequately control leachate in violation of 6 NYCRR 360-2.17(h), [6 NYCRR 360.8(a)(3) prior to December 31, 1988]; and
(9) Respondent deposited waste in contact with surface water in violation of 6 NYCRR 360-2.13(a)(2), [6 NYCRR 360.8(b)(1)(ii) prior to December 31, 1988]; and
(10) Respondent failed to maintains roads at the landfill site in violation of 6 NYCRR 360-1.14(m), [6 NYCRR 360.8(a)(9)]; and
(11) Respondent failed to adequately control landfill decomposition gases in violation of 6 NYCRR 3360-22.17(f), [6 NYCRR 360.8(b)(1)(vi)]; and
(12) Respondent recirculated leachate without Department approval, in violation of 6 NYCRR 360-2.17(1); and !J
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WHEREAS, remedial investigations performed by Respondents at the landfill site have revealed that the leaching of pollutants and hazardous substances from the landfill has caused and continues to cause groundwater contamination in contravention of groundwater quality standards. Investigation has revealed the presence of a plume of leachate and hazardous substance contamination emanating from the landfill, extending over 5000 feet down gradient from the site, to a depth of at least 535 feet. The plume has contaminated the Magothy ground water aquifer, which is the sole source of drinking water of the residents of Long Island; and
WHEREAS, Respondent has requested authorization to implement a demonstration project for beneficial use of incinerator ash presently being disposed in the landfill, pursuant to 6 NYCRR 3 60-1.13 and 1.2(a)(5). The project encompasses, among other things, use innovative technology (called Rolite) to treat the ash and to utilize such treated ash as the landfill gas venting layer of the landfill's final cover, as part of its Closure Plan requirements in the Appendices to this Order; and
WHEREAS, Respondent has further requested that the Department classify Rolite treated ash as "clean fill" under the Long Islai;d Landfill Law. The definition of clean fill under ECL 27-0704.1 includes "materials consisting of concrete, steel, wood, sand, dirt, soil, glass, or other inert material designated by the Commissioner." Pursuant to 6 NYCRR 360-1.2(b)22, the Department expanded the definition of clean fill to include construction and demolition debris. Pursuant to ECL 27-0704.1 and 6 NYCRR 360-8.6(a), the Commissioner may designate other materials as clean fill, in response to a petition; 'and
WHEREAS, Respondents, desiring to undertake all necessary activities which may be required to protect and preserve the natural resources of the State, have cooperated with the Department in addressing the matters herein; and
WHERfiAS, Respondents have affirmatively waived their rights to a public hearing or judicial review in this matter in the manner provided by law, and having consented to the entering and issuing of this Order, agree to be bound by the terms and conditions contained herein.
is NOW, having considered this matter and being duly advised> it
ORDERED, that there is hereby imposed upon Respondents, Town of Islip and the Islip Resource Recovery Agency, a penalty in the
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sum of two hundred thousand dollars ($250,000), fifty thousand dollars ($50,000) of said sum to be paid to the Department within thirty (30) calendar days after the execution date of this Order. The remaining two hundred thousand dollars ($200,000) is to be expended by the Town for an Environmental Benefit Project, developed by the Town and approved by the Department in accordance with the requirements of Appendix A, attached hereto and made a part hereof; and it is further
ORDERED, that Respondents shall be liable for a stipulated r)opaT_i;v in the amount of One Thousand Dollars '$1,000) per day, which shall become payable in the event that Respondents fail to comply with any provision of this Order. Respondents shall submit payment of said stipulated penalty(ies) within ten (10) days of written notification by the Department of the noncompliance and the penalty due; and it is further
ORDERED, that any penalty assessed under the above subparagraphs shall become due and owing on the ISth calendar day after receipt of written notice from the Department that Respondents were or are in violation of this Order. If payment is not received by the Department within fifteen (15) calendar days after such notice. Respondents shall pay interest on the penalty at the annual rate of nine percent on the overdue amount from the day on which it was due through, and including, the date of payment; and it is further
ORDERED, that any penalties shall be paid by certified check or money order, made payable to the "New York State Department of Environmental Conservation" and delivered personally or by certified mail, return receipt requested: c/o Lori Riley, Esq., Regional Attorney, Department of Environmental Protection, Building #40, S.U.N.Y. Campus, Stony Brook, New York 11790-2356; and it is further
ORDERED, that Respondents shall not suffer any penalty under any of the provisions, terms and conditions hereof, or be subject to any proceedings or actions for any remedy or relief if they cannot comply with any requirements of the provisions hereof because of an Act of God, war, riot or other catastrophe as to which negligence or willful misconduct on the part of Respondents was not a proximate cause, provided however, that Respondents shall immediately notify the Department in writing when they obtain knowledge of any such condition and request an appropriate extension or modification of the provisions liereof; and it is further
ORDERED, that, in its evaluation of whether Rolite-treated incinerator ash may be considered "clean fill" under the Long Island Landfill Law, and whether use of Rolite-treated incinerator
L ' t ' - - i b - - - - r ' j i i j : :,.4 t-KUM 11.^ El iUJi I HLI^HI i, "J o r v-.^r'^-.-i--'-
ash as part of the gas-venting layer of the final cap of the landfill is a beneficial use under 6 NYCRR 360-1.2(a)5, the Department has considered (1) data concerning the potential contaminants that may emanate from the treated ash; (2) specific characteristics of Respondent's landfill, including the existence of a lined area, and leachate collection and ground water monitoring systems; and (3) the method of utilization proposed by Respondent, as modified by imposed conditions. Based upon these factors, the Department has determined that Rolite treated incinerator ash, as proposed to be utilized by Respondent pursuant to its demonstration project and Closure Plan, may qualify as clean fill under ECL 27-0704. A final determination of whether Rolite treated ash is clean fill will be made after review of all information and data to be submitted by Respondent pursuant to its approved Closure Plan submitted under the compliance schedule in Appendix A to this Order. The Department has further tentatively determined that use of Rolite-treated incinerator ash as part of the gas-venting layer of the final cap of the landfill, pursuant to the demonstration project and Closure Plan required pursuant to this Order, is a beneficial use of such ash pursuant to 6 NYCRR 360-1.2(a)(5), conditioned upon satisfactory performance of the treated ash, as evaluated under the terms of this Order,
ORDERED, Respondent shall undertake all responsibilities identified in this Order, any Appendices attached or to be attached hereto and made a part hereof and any Department-approved work plan required pursuant to any Appendix in accordance with the approved schedules set forth therein. Failure of Respondents to strictly comply with any provision of this Order and any Appendices, including the compliance schedules, scopes of work, plans and reports, attached and to be attached hereto and made a part hereof, unless excused by Force majeure as discussed in the immediately preceeding paragraph, shall constitute a default and a failure to perform an obligation under this Order and under the ECL, such that the suspended penalty shall be immediately due and payable and shall constitute a violation pursuant to ECL 71-2703; and it is further
ORDERED, that within thirty (30) days after receipt of Department comments on any plan or report, required pursuant to any of the Appendices attached hereto and made a part hereof. Respondents shall submit a modified plan or report that shall address and incorporate DEC'S comments. Deteirmination of the sufficiency of any submission shall be made solely by the Department; and it is further
ORDERED, that within thirty (30) days after receipt of written F comments concerning any permit application to a Federal, State or ^
DEC-16-1990 10:55 FROM NYS EtiCOt-l HLEHMY' TO 89332965162" 7434 .U7
local agency required to comply with this Order, or sooner if required by the permitting agency, Respondents shall modify the permit application to address and incorporate such comments and resubmit the application to the agency. Determination of the sufficiency of any permit application as resubmitted shall be made solely by the permitting agency; and it is further
ORDERED, that Respondents shall be in violation of this Order upon written determination by DEC that Respondents have failed to revise any submission made pursuant to this Order to the satis-^ a \ . w . k w . i w.b i . / c ^ a . r wlaetiw r a n u XV. x s x u x C i l e r
ORDERED, that all existing and future Appendices to this Order, including all compliance schedules. Department-approved scopes of work, plans and associated submissions of documents and other information constitute parts of and shall be enforceable in accordance with the terms and conditions of this Order. Failure to comply with any requirement set forth in any Appendix constitutes a violation of this Order; and it is further
ORDERED, that this Order shall have the same force and effect as an Order after hearing pursuant to 6 NYCRR 622.11(b) and shall be admissible to provide the basis for a finding of fact in any subsequent proceeding brought by or on behalf of the Department against the Respondents involving the same or similar violations; and it is further
ORDERED, that Respondents shall at all times, allow any designated employee, consultant, contractor or agent of the Department or of any other State agency to Immediately enter the landfill or areas in the vicinity of the landfill which may be under the control of Respondents, for purposes of sampling and testing and to ensure Respondents' compliance with this Order and with applicable laws and regulations; and it is further
ORDERED, that Respondents shall provide written notice to the Department of any field activities, including excavating, drilling or sampling, to be conducted pursuant to the terms of this Order, at least five days in advance of such activities; and it is further
ORDERED, the Department may, at its option, obtain for the purpose of comparative analysis, "split samples" or "duplicate samples" of all substances and materials sampled by Respondents pursuant to this Order. As used herein, "split samples" shall meai whole samples divided into aliguots, and "duplicate samples" shall mean multiple samples, collected at the same time from exactly the same location, using the same sampling apparatus, collected into identical containers prepared identically, filled to the same
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volume, and thereafter, identically handled and preserved; and it is further
ORDERED, that all references to 6 NYCRR Part 3 60 contained in this order and the Appendices, including the compliance schedules, scopes of work, plans and reports, attached and to be attached hereto and made a part hereof are hereby understood and agreed to mean 6 NYCRR Part 360 as effective December 31, 1988; and it is further
Part 360 contained in this Order which have occurred prior to the effective date(s) of the present Part 3 60 are hereby understood and agreed to mean 6 NYCRR Part 360 as effective December 31, 1988 and all substantively equivalent provisions in prior Department rules if applicable at the time of the violation; and it is further
ORDERED, that the "execution", "execution date" and "effective date" of this Order as referred to herein, are agreed to be the date upon which the Regional Director executes this Order on behalf of the Commissioner and this Order shall not be effective until that date; and it is further
ORDERED, that nothing contained herein shall relieve Respondents from obtaining all necessary permits, approvals or authorizations in order to perform the obligations pursuant to this Order, and it is further
ORDERED, that this Order shall bind Respondents, their officers, employees, agents, successors and assigns; and it is further
ORDERED, that nothing contained herein shall be construed as preventing the Department from collecting regulatory fees where applicable; and it is further
ORDERED, that nothing contained herein shall be construed as barring, affecting, or diminishing any of the Department's or the Commissioner's rights to pursue Respondents or any other person, or take any action whatsoever with respect to the landfill, including, but not limited to, the right of the Commissioner, at any time, to make a determination pursuant to Title 13 of Article 27 of the ECL that the landfill constitutes a significant threat to the environment and that Respondents must undertake an inactive hazardous waste disposal site remedial program. Any such determination shall be provided to Respondents by the Department in writing. If such determination is made, the Department shall have the right to take such enforcement or other action as may be
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authorized by law, and require appropriate modifications to any requirement pertaining to the landfill; and it is further
ORDERED, that obligations of Respondents created pursuant to any other Order, permit or agreement with the Department shall remain in full force and effect unless expressly modified herein; and it is further
ORDERED, that any change in this Order shall not be made or become effective except as specifically set forth by written order S^ A. V-4AC£ \.«N«'llUiUb^S> ^ ^ A A ^ ^ / a ^ w C ^ « 4 W W ^ ^ ^ I S WV.^ w*«w^ »NCS>|-'«>'Aaw»%«..<.0^ 0 _ w . . W ^ ^ w w ^ . .
order being made either upon written application of the Respondents or upon the Commissioner's own findings. Any such written order by the Commissioner or his/her designee changing this Consent Order shall be a final administrative determination subject to review pursuant to CPLR Article 78; and it is further
ORDERED, that nothing in this consent Order shall be construed as precluding Respondents from applying to the Department or any other agency for a reimbursement of costs and related expenses for com.pliance with this Order conducted by the Town to the extent otherwise permitted by law, provided however that Respondents' obligations under this Order shall not be affected by making or processing of such application; and it is further
ORDERED, that Respondents shall indemnify and hold the Department, the State of New York and their representatives and employees harmless for all claims, suits, actions, damages and costs of every name and description, arising out of or resulting from the fulfillment or attempted fulfillment of'this Order by Respondents or Respondents' directors, officers, employees, servants, agents, successors, or assigns; and it is further
• ORDERED, that upon written notification by the Department that all of the terms and conditions of this Order and the Appendices, including the compliance schedules, scopes of work, plans and reports, attached and to be attached hereto and made a part hereof have been complied with, Respondents' financial obligations under this order shall immediately terminate; and it is further
ORDERED, the provisions hereof shall constitute the complete and entire order between the Respondents and the Department concerning t2ie landfill. No terms, conditions, understandings or agreements purporting to modify the terms of this Order shall be binding unless approved in writing by the Commissioner or Regional Director of the Department. No infoirmal advice, guidance, suggestions or comments by the Department regarding any report, proposal, plan, specification, schedule, or any other writing r
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submitted by Respondents shall be construed as relieving Respondents of Respondents' obligation to obtain such formal approvals as may be required by this Order. In those instances in which Respondents desire that any of provision, term or condition of this Order be changed, it shall make written application, setting forth the grounds for the relief sought, to the Commissioner, c/o Lori J. Riley, Regional Attorney, New York State Department of Environmental Conservation, Building 40, S.U.N.Y. Campus, Stony Brook, New York 11790-2356.
Stony Brook, New York 1990
THOMAS C. JORLING Commissioner of Environmental Conservation
HAROLD D. BERGEl Regional Director
To: Robert J. Cimino, Esq. Town of Islip Attorney 655 Main Street Islip, New York 11751
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CONSENT BY RESPONDENTS
Respondents acknowledge the authority and jurisdiction of tne Commissioner of Environmental Conservation of the State of New York to issue the foregoing Order, including all Appendices attached a i to be attached thereto, waive public hearing or other proceedings in this matter, accept the terms and conditions set forth in the Order and consent to the issuance thereof.
ERY AGENCY
COUNTY OF SUFFOLK)
On the \ P ^ day of Oeca^^^o^^ 1990, before me personally came P iA Jk- P- Tt»y-<5 to me known, who being duly sworn, deposed and said that he/she resides at b-6^ / «Vv«>sf. , fst.p that he/-«Jie is the '^ot^t^^^'^'-,,...^ of Respondent Town, and that he/»he signed his/h^^^iiam'e for and on behalf of said Town with full authority
" " ' ' MARK J. GROSSMAN Notary PubHc, Stst» of New York
Na 4862633 QualifiBd In Suftok County o-.
_ Commission Expkas June 23.1 l i i -
STATE OF NEW YORK)
COUNTY OF SUFFOLK) : i
On the 1 * day of fto2-^b*- 1990, before me personally came ffij ^M. Q.. -Y***^ to me known, who being duly sworn, o deposed and said that he/SJtip resides at 6 ^ / ^ i ^ ^ fr/ur*/, \ L , p "^ that he/'»iie is the CU( rA *J cf -K« S»fc»v..o of Respondent Agency, _. and that he/She signed his/l»j:^ame for^^nd on behalf of said Agency with full authority^a^to
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APPENDIX TABLE OF CONTENTS
APPENDIX
COMPLIANCE SCHEDULE A
REQUIREMENTS FOR PROPOSED
CLOSURE SITE INVESTIGATION B
APPROVED CLOSURE SITE INVESTIGATION WORKPLAN C
CLOSURE INVESTIGATION REPORT REQUIREMENTS D
APPROVED CLOSURE INVESTIGATION REPORT E
CLOSURE PLAN REQUIREMENTS F
APPROVED CLOSURE PLAN G
APPROVED CLOSURE DESIGN REPORT H
APPROVED RECYCLING PLAN I
APPROVED RECYCLING ANALYSIS J
APPROVED SOLID WASTE MANAGEMENT PLAN K
SUMMARY OF VIOLATIONS ' L
SOLID WASTE MANAGEMENT PLAN REQUIREMENTS M
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APPENDIX A
COMPLIANCE SCHEDULE
A. LANDFILL CLOSURE REQUIREMENTS;
Immediately upon execution of this Order,
'A' I fl H7A
Respondents shall pay the costs of any and all analytical services deemed appropriate by the Department to monitor the quality and effectiveness of Rolite-treated incinerator ash used or to be used as part of the gas-venting layer of the final cap at the landfill. Respondents shall also provide monthly reports on the progress of construction of the gas-venting layer beginning one month after commencement of construction and continuing on a monthly basis until construction is complete . Responaents shall also submit ~ protocol to the Department /describing modifications to be made to the operation of its solid waste incinerator so as to achieve an average level of volatile matter in the ash generated by the incinerator yithin thirty (30) days after the execution date of this Order' unless extended by the Department., uB'gequent to this~~date, Respcroient shall not incorporate into its Rolite treatment process any ash exceeding five percent volatile matter (using LOI or other method approved by the Department). Respondents shall not accept incinerator ash from sources in addition to its own incinerator, unless approved by the Department. Respondents shall develop a action plan, identifying activities to be undertaken by Respondents to futher evaluate the characteristics of Rolite-treated ash to at least: (1) Compare Rolite-treated ash to
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DEC-18-199Q 10=59 FROM NYS ENCON PLBfiNY TO 89332965162777484 P. 14
Within ninety (90) days after the execution date of this Order,
Upon Department approval of the PSIC,
Within thirty (30) days after completion of the Department-approval PSIC,
other "clean fill" materials; (2) to identify any changes in Rolite methodology which will enhance its ability to mionimize leaching of contaminants; (3) Compare Rolite-treated ash to other ash treatnent methodologies.
Respondents shall submit to the Department a workplan identifying
additional investigation measures necessary to address all requirement set forth in Requirements for Proposed Site Investigation for Closure (PSIC) in Appendix B of this Order, which is attached hereto and made a part hereof. Respondent may incorporate information and analysis included in the remedial investigation performed in accordance with the Order on Consent executed on September 1, 1987. The Department-approved PSIC shall be attached to and incorporated into this Order as Appendix C.
Respondent shall implement the approved PSIC in accordance the Department-approved schedule •contained therein.
Respondents shall submit to the Department for its review and a Closure Investigation Report (CIR) that, at a minimum, summarizes the .results «f—the gocult-a of the (remedial investigation performed by ^Respondent Town of Islip pursuant to the Order on Consent executed on September 1, 1987, and the Iconclusions to be drawn therefrom, and that addresses those matters identified in 6 NYCRR 360-2.15(a)(5) and in Appendix D of this Order, which is attached hereto and made a part hereof. The Department-approved CIR shall be attached to and incorporated into this Order as
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Within ninety (90) days after Department approval of the CIR,
Within thirty (30) days after completion of all construction activities identified in the Department-approved CP
Appendix E. Respondents shall perform such additional investigation as the Department determines is necessary, due to the analysis and conclusion in the CIR or due to other facts or information regarding the landfill.
Respondents shall submit to the DEC for its approval a Closure Plan (CP) the format and contervt of which, at a minimum shall satisfy the requirements of 6 NYCRR Part 3 60 and of Appendix F of this Order, which is attached hereto and made a part
Respondent may submit a hereof •_ preliminary plan for provisional use of Rolite-treated incinerator ash as the gas-venting layer of the final cap, in accordance with the associated requirements of Appendix F.r^epartment-approved CP shall be attached to and incorporated into this Order as Appendix G.
Respondents shall submit to the Department, a Closure Design Report (CDR), which shall include, but is not limited to, written certifica-
f tion of an individual licensed to practice engineering in the State of New York that all construction activities identified in the Department-approved CP were undertaken in accordance with each requirement of 6 NYCRR Part 3 60, this Order and any condition of Department approval. The Department-approved CDR shall be attached to and incorporated into this Order as Appendix H.
B. RECYCLING AND SOLID WASTE MANAGEMENT:
I. Recycling Analysis:
Within sixty (60) Respondent Town shall submit to the
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days after, the execution date of this Order,
Department, a comprehensive recycling analysis that shall include those matters identified in 6 NYCRR 360-1.9(f) and shall include those matters identified in 6 NYC.il 360-1.9(f) and shall include the passage of all local laws or ordinances that are necessary to ensure the successful implementation of the recyclables recovery program witihxn one—hundred eighty (ISO) days after Department approval of the analysis. Such analysis also shall be included in Respondent's Solid Waste Management Plan. Respondent's or other government entity's recycling analysis shall be attached to and incorporated into this Order as Appendix J.
II. Solid waste Management Plan:
Within ninety (90) days after the execution date of this Order,
Within thirty (30) days after receipt of Department comments on the Solid Waste Management Plan,
Upon approval of the Solid Waste Management Plan by the the Department,
Respondent Town shall submit to DEC for approval a Solid Waste Management Plan which has been developed in accordance with Appendix M which is attached hereto and made a part hereof.
Respondent shall submit a revised Solid Waste Management Plan which has modified in accordance with Department comments. The Department approved Plan shall be attached to and incorporated into this Order as Appendix K.
Respondent Town shall implement a Solid Waste Management Plan and a Comprehensive Recyclables Analysis which account for the objectives of the State's solid waste management policy set forth in ECL 27-0106 and that provides for the management of all solid waste generated within Respondent's boundaries for at least a ten-year period.
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days after the execution date of this Order,
Department, a comprehensive recycling analysis that shall include those matters identified in 6 NYCRR 360-1.9(f) and shall include those matters identified in 6 NYCRR 360-1.9(f) and shall include the passage of all local laws or ordinances that are necessary to ensure the successful implementation of the recyclables recovery program within one-hundred eighty (180) days after Department approval of the analysis. Such analysis also shall be included in Respondent's Solid Waste Management Plan. Respondent's or other government entity's recycling analysis shall be attached to and incorporated into this Order as Appendix J.
II. Solid Waste Management Plan:
Within ninety (90) days after the execution date of this Order,
Within thirty (30) days after receipt of Department comments on the Solid Waste Management Plan,
Upon approval of the Solid Waste Management Plan by the the Department,
Respondent Town shall submit to DEC for approval a Solid Waste Management Plan which has been developed in accordance with Appendix M which is attached hereto and made a part hereof.
Respondent shall submit a revised Solid Waste Management Plan which has modified in accordance with Department comments. The Department approved Plan shall be attached to and incorporated into this order as Appendix K.
Respondent Town shall implement a Solid Waste Management Plan and a Comprehensive Recyclables Analysis which account for the objectives of the state's solid waste management policy set forth in ECL 27-0106 and that provides for the management of all solid waste generated within Respondent's boundaries for at least a ten-year period.
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L f . • o - i ^ r U l i : U i t-t--'-lM iUz, bi ILUN HLb'Hl 11 iU
C. ALTERNATE MEANS OF DISPOSAL;
On or before December 18, 1990,
Respondents shall discontinue disposal of municipal solid waste and untreated incinerator ash waste in the landfill.
D. ENVIRONMENTAL MONITORS:
Upon the execution date of this Order,
Within thirty (30) days
Respondents agree to continue to maintain with the Department an account to fund two environmental monitors for the purpose of monitoring Respondents' compliance with the ECL Article 27; associate rules and this Order. Funding levels for the monitors shall be subject to quarterly revision by the Department. Subsequent payments shall be made for the duration of this Order to maintain an account balance sufficient to meet the next nine months' anticipated expenses. Quarterly payments shall be made to the Department for the following costs: (i) direct personal service costs and fringe benefits, including the cost of replacement personnel for the monitor position; (ii) direct non-personal service costs, including purchase or lease of a vehicle and its full operating costs; (iii) inflation and negotiated salary increases; and (iv) overhead and support costs at the approved Federal Indirect Cost Rate. Accrued interest on the funds in the environmental monitor account shall be applied to the balance to maintain the funding the appropriate level. Upon termination of this Order pursuant to its terms, the unexpended balance including interest, after payments of any outstanding costs, shall be returned to Respondent.
Respondents shall forward full
17
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LiEL-l'd-iy90 li:u2 FROM NYS EMCOI-J HLEHNI' 894.^2965162777484 P. 18
after receipt of written notice from the Department,
payment to the Department at: NYS Department of Environmental Conservation, Bureau of Federal and Municipal Accounts, 50 Wolf Road, Albany, New York 12233-5022. Payments must be requested in advance of the period in which they will be expended.
E. LEACHATE COLLECTION WELL REPAIR AND OPERATION
Immediately upon execution this Order,
Within thirty (30) days after the execution date of this Order,
Respondents shall commence removal of for proper disposal of all loachato collected in the three leachate wells at the site to the extent possible.
Respondents shall submit to the Department for its review and approval a plan for repair, maintenance and continued pumping of the three leachate collection wells at the landfill.
Within fifteen (15) days after receipt of the comments on the plan,
Upon approval of the plan the Department,
Respondents shall revise the plan in accordance with the Department's comments and resubmit the plan to the Department.
Respondents shall implement the by plan in accordance with the Department-approved schedule.
F. MUNICIPAL RECYCLING FACILITY
Within thirty (30) days after .the execution date Order;
Respondents shall submit to the Department for its review and of this; approval a complete application for their municipal recycling facility at the Sayville Landfill site, in accordance with the requirements of ECL 27-0707 and 6 NYCRJR Part 360.
G. ENVIRONMENTAL BENEFIT PROJECT:
Within thirty (30) days after the effective date of this Order,
Respondent shall submit to the r Department an Environmental Benefit Plan which shall describe g
18
DEC-ib-l;»:(U 1 1 : 0 2 FROM NYS ENCOI-J (^LEwNt' TO 89332965162777434 P. 19
and propose a implementation of Benefit Project accordance with criteria: (1) The
schedule for an Environmental
(Project) in the following Project shall be
valued at least $200,000; (2) The Project must be initiated in addition to all regulatory compliance obligations; (3) The Project must not be an activity which is otherwise required by law; (4) The project must not be a substitute for full compliance; (5) The Project must be designed to provide an environmental benefit beyond the benefits of full compliance; (6) The Project must not be a project which Respondent would have undertaken anyway within the next five years; (7) The Project should address the environmental effects of Respondent's violation; (8) Preferably, the Project should address the same type of risk or harm caused by the violator; (9) In general, qualifying activities should provide a discernible response to the risk or harm caused by the violations; (10) The Project must demonstrate a good-faith commitment to statutory compliance and should be primarily designed to benefit the environment rather than to benefit the respondent or DEC; (11) All environmental review and permit requirements applicable to the project must be complied with by Respondent and are enforceable commitments.
Upon Department approval of the Environnental Benefit Plan,
Respondent shall implement the Plan in accordance with the approved schedule contained therein.
19
DEC-ia-1990 li:u3 FKOM Kt'b El ICON hLBwHi' IQ S93329D51 627774x4
APPENDIX B
REQUIREMENTS FOR PROPOSED SITE INVESTIGATION FOR CLOSURE (PSI(J)
To ensure that an adequate closure plan is developed, the nature and extent of current, as well as the potential release and/or migration of contaminants from the site must be defined. Unless this information is known through previous efforts (such as monitoring of the facility during its operating- life), a site investigation must be performed. This investigation must address the hydrogeologic conditions, including the presence of groundwater contamination at and in the vicinity of the landfill, any migrations of explosive gas and surface leachate, and vector controls prior to the cessation of waste deposition. These four elements are described as follows:
I. Methods and Procedures to be Employed to Assess the Existing Hydrogeologic Conditions at the Site.
The following essential tasks must be included in the proposed program:
1. Search facility files and other records concerning the site and its waste stream for relevant and reliable data which can be used in conjunction with that gathered during subsequent phases of the site investigation.
2. Search technical literature for any relevant, reliable data on regional and site specific hydrogeology. Appropriate sources of data in the public domain include but are not limited to: basin planning reports, groundwater bulletins, water supply papers, professional papers and open-file reports of the United States Geological Survey; bulletins, circulars, map and chart series, memoirs and other publications of the New York State Geological Survey; bulletins of the Geological Society of North American Geology; and publications of the United States Environmental Protection Agency, including abstracts, bibliographies and cumulative indices.
3. If monitoring wells exist at the site, evaluate their suitability for continued monitoring.
4. Evaluate the hydrogeological setting of the site, including geotechnical characterization of the stratigraphy, structure and lithologies of unconsolidated and consolidated deposits and definition of aquifer(s), hydraulic conductivity(ies) and transraissi-bility(ies). Implicit in this are the following subtasks:
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a. Subsurface exploration, including test borings and recovery of disturbed and undisturbed samples using ASTM or equivalent geological methodologies; bedrock coring, identification, recovery, and rock quality determination (necessity determined by proximity of waste mass to bedrock and specific site conditions).
b. Groundwater monitoring through the installation of p wells. The proposed design should include the type of well (couples/clusters/Zpiezometers) , well locations, materials, length and depth of screen, and locking covers. Note: The borings for installation of piezometers/groundwater monitoring wells will have split-spoon sampling during drilling with detailed boring logs utilizing the United Soil Classification system for field identification. The location of the borings/groundwater monitoring wells shall be based on surficial geology, topography, published B information, fracture tracing, etc. '
c. Evaluate facility overburden and bedrock relationships in -three dimensions through development of scaled cross-sections.
5. Characterize vertical and lateral groundwater velocity vectors through field measurements and Darcy calculations in at p least the upper aquifer, and deeper aquifers if the Department ii determines that they are susceptible to contamination. ^
6. Determine existing groundwater quality at the site ^ through sampling and analysis of existing and/or new monitoring ^ wells established in the upgradient and downgradient flow regimes (may necessitate the installation of well clusters), and waste- | specific water quality sampling, using USEPA, Department of Health or other accepted protocols and evaluation of site ^ compliance with federal (40 CFR Part 257) and State (6 NYCRR Part | 703) regulations. This should include an initial water quality scan for groundwater, including an analysis for key leachate indicators and a full priority pollutant scan. Subsequent analyses should be based upon the initial results.
II. Methods and Procedures to be Employed to Identify the Presence and Migration of Explosive Gases.
The following essential tasks must be included in the proposed program:
1. Search landfill records and other records to document any history as to the presence of explosive gases. Such records should include inspection reports, newspaper articles, and complaints received at Health or DEC offices. -
21
. - 1 •- i . U : u 4 l-KUM IIVS ENCUM HLBHI-IY TO 89332965162777484 P.22
2. Search local fire department records for any history of explosions or fires within a mile radius of the landfill site.
3. Inspect the landfill and the immediately adjoining properties to document areas of dead or stressed vegetation. Locate these areas on a site map.
4. Test the boundaries of the waste mass and the property boundary using gas detection devices (e.g., combustible gas indicator meter, bar punch, gas probes), for gas presence. Methane gas surveys must be performed at appropriate depths as determined by site conditions for every 100 feet, measured horizontally, along the boundaries. The exact location of these monitoring points must take into account any gas permeable seams, alignment with an off-site point of concern, proximity of the waste deposit, areas where there is dead or distressed vegetation, and areas where underground construction might contribute to a natural path for gas flow (utility lines).
5. Check nearby surface waters and any ponded areas of water on or around the landfill for gas bubbles. Areas where bubbles are found are to be located on a site map.
6. Structures on and off site within a quarter mile radius (or greater distances if deteirmined to be necessary, based on historical records), must be checked with gas detection devices for the presence of explosive gases. Monitoring in a Facility structure must be performed after the building is closed overnight/weekend, and when the soil surface has been wet or frozen for several days. Sampling must be done in confined areas where gas is likely to accumulate.
III. Methods and Procedures Necessary to Identify the Uncontrolled Surface Leachate and the Equipment proposed to Characterize its Chemical Constituents.
The following essential tasks must be included in the proposed program:
1. Conduct a site inspection of the Facility to visibly identify any surface outbreaks or seeps of leachate. Any discoloration or soils (staining) must also be noted. The inspection must include a walk around the perimeter of the site. Any such occurrences must be located on a site map and any seeps field tested for temperature. Eh, Ph and specific conductivity. Note on a site map the location of indicative vegetation (cattails) that would require wet conditions.
22
DEC-18-1990 11:10 FROM NYS ENCON ALBANY TO ' 89332965162777484 P.01
2. Search through landfill records, including inspection reports, to document any history of leachate outbreaks or seeps.
3. Inspect nearby surface waters for evidence of leachate entering these waters. Color, odor, Ph, Eh and specific conductivity readings must be utilized to identify leachate.
4. Conduct a water quality scan on a composite sample (from any standing leachate emanating from seeps and outbreaks) to determine the chemical constituents of the leachate. This scan must include analysis for key leachate indicators and a full priority pollutant scan.
IV. Methods to Detect the Presence of Vectors and the Criteria to Determine if Vectors Constitute a Problem.
The following essential tasks must be included in the program:
1. Search landfill records and other records to determine if the landfill has had a history of vector problems.
2. Identify any ongoing vector control programs.
3. Inspect the landfill for evidence of vectors, including burrowing, droppings, dead vectors, and actual sightings.
V. A Time Schedule for the Initiation and Completion of All Individual Tasks of the PSIC and CIR.
VI. The Methods to Develop and Evaluate Various closure Alternatives and the Criteria for Selecting the Recommended Alternative,
VII. A closure Alternative Development Analysis (CADA).
The CADA report must include the following:
1. Alternative Discussion.
A general discussion of the applicable technologies for closure such as site covers (as barriers to the infiltration of precipitation), gas control, leachate management, and monitoring of gases, and ground and surface water collections. Different types of methods and material must be addressed with regard to their applicability and effectiveness.
23
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2. Selected Alternative and Justification.
The most feasible site closure alternative must undergo detailed evaluation. The selected alternative must (a) effectively mitigate and minimize damage and provide adequate protection of public health, welfare, and the environment; (b) address the existing and potential impacts of the landfill on ground water, surface water and environmentally sensitive areas; (c) address existing and potential impacts of the landfill on all persons residing, working, or recreating near the site. Particular attention must be given to ground water and surface water quality and to the potential for methane migration from the Facility to off-site residences or places of business. Include provisions to mitigate or prevent any adverse impacts on water resources and the migration of methane from the landfill.
3. Historical and Archaeological Investigations (if applicable).
Under the Historical Preservation Act, all areas affected by project work, including construction staging areas, borrow pits, and adjacent and potentially impacted nearby properties must be considered; the determination of historical or archaeological of the site must be ascertained. DEC may recommend the hiring of qualified professionals to conduct investigations to determine whether historic or archaeological sites will be affected.
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APPENDIX D
CLOSURE INVESTIGATION REPORT REQUIREMENTS
The Closure Investigation Report (CIR) submitted to DEC mu^t include the following elements:
I. The overview summary must describe environmental conditions including, but not limited to: general Facility site conditions, land use, soil conditions, hydrogeologic characteristics, surface and groundwater quality, presence and migration of explosive gas and surface leachate and vector population. The summary must include maps, tables, graphics and any other appropriate means of presenting information.
II. The detailed data must include, as appropriate, the following along with other pertinent information with respect to the Facility site and areas affected by the disposal of solid waste:
1. All data collected during the Facility site investigation and all other data used in preparing the report including, but not limited to, soil boring log data, well data, chain of custody documentation, laboratory analysis, field notes and evaluation of the subsurface hydrogeology. This must include:
a. Regional setting including a discussion of the bedrock and structural geology, glacial geology, and drainage basin characteristics.
b. Identification of site specific conditions including the bedrock lithology, structured features, and unconsolidated materials. This is to be accompanied by detailed boring logs, rock core descriptions, where required by site conditions, and cross-sections.
c. Depth to bedrock and groundwaters, profiled and mapped referenced to mean sea level (MSL).
d. Aquifer characteristics (see Proposed Site Investigation for closure).
: Director of flow, horizontal and vertical : Confined/unconfined potentiometric surfaces : Recharge/discharge : Flow velocity : Permeability : Specific yield : Transmissivity : Geometric/geographic extent(s).
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L'l-'.- i w i . ' . ' U 1 1 - 1 2 HhUM I I l b U l ' - I J I HLbHil S93329b:jlb277'r434 P. 04
e. Static water levels and top of well casings elevation dated, and referenced to MSL.
f. Monitoring well locations and well logs.
g. Site characterization map showing the following:
: Topography : site size, property lines, limits of waste
placement (dated) : Proximity to surface waters and population centers
h. The plotted results of all geophysical surveys that were conducted at the site.
2. A determination of the groundwater quality in the vicinity of the Facility site, including background water quality (sampling points).
3. A preliminary determination of the nature and extent of the actual and potential release and migration of contaminants from the Facility site through surface water and groundwater, to areas at and in the vicinity of the site. This must include cross-sections, groundwater flow maps, and any graphic analysis of data.
4. An assessment of the actual and potential migration of explosive gases on and off-site including all explosive gas data.
5. Data and assessment of Facility site drainage. Facility site water balance, stream flow da,ta and wildlife.
6. An assessment of vector presence.
7. An assessment of the Facility site investigation results and a determination of current or potential impacts of any current or future threat to the environment at and nearby the Facility site, and further off-site, as a result of the deposited solid waste.
8. Reference to all scientific or technical literature used in preparation of the report.
9. Names, titles, and disciplines of all professionals engaged in the preparation of the report.
Note: DEC reserves the right to require the modification, amplification, and/or expansion of the site investigation, and/or the Closure Investigation Report to address specific questions both on-site and off-site if DEC determines, as a result of reviewing any other data or facts, that further investigation is necessary.
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DEC-18-19b0 li:i3 FROM NtS EMLQN HLBHNY' TO 8933296516^777484 P.QS
APPENDIX £
CLOSURE.PLAN REQUIREMENTS
The Closure Plan shall include but is not limited to all measures necessary to comply with the closure requirements of 6 NYCRR Part 360 and the following:
I. The Closure Plan shall address the following:
A. Schedule for site operation, closure and post-closure activities.
B. An identification of any necessary easements and/or permits required.
C. Final grades.
D. Gas venting (See Paragraph V. below for additional requirements).
E. Final cover.
F. Leachate control.
G. Vector abatement program.
H. Remediation of Facility-specific conditions that contravene the environmental quality standards and criteria set forth in the Environmental Conservation Law and its implementing regulations that are not addressed under D, F, or G, above.
I. Quality Assurance/Quality Control for Construction and Post-closure care and monitoring.
J. Certification procedure,
K, Post-closure care, monitoring and reporting.
L. Subsequent land use,
II. All such matters must satisfy all requirements pertaining thereto set forth in 6 NYCRR 360-1.14 and 360-2.15. (For purposes of this Order, the requirements of 6 NYCRR 360-1.14[b], [e]f Ci]» EJ] and [w] are considered closure and post-closure requirements.)
III. In addition, the Closure Plan must contain a Monitoring and Maintenance Manual that provides personnel with detailed
ii:l_. PKUiT Ihb ENLUII HLBHNI TO 89332965162777484 P.06
instructions for assuring efficient monitoring and proper maintenance of all facility components. It must include staff and training requirements, procedures for water quality and Facility site maintenance reports, sampling and testing, emergency coordinators, etc.
IV. The Closure Plan also must satisfy the following final closure and post-closure care requirements:
A. Final cover must be placed on 'all areas where final grades have been achieved within ninety (90) calendar days after such grades have been achieved.
B. Intermediate cover must be placed on all landfill surfaces where no solid waste has been or will be placed within thirty (3 0) calendar days.
C. Landfill operations shall be conducted so as to minimize the area where active disposal operations are being undertaken and so that final grades in an area where active disposal operations are being undertaken, are achieved as soon as practicable, to allow placement of final cover over the area as expeditiously as practicable, in a progressive manner.
D. Final cap and capping schedule.
E. Grading.
F» Establishment of vegeta" ive cover,
G. Estimate of final closure costs.
H. Implementation Schedule.
I, Groundwater Monitoring
. 1, Number, location and depth of wells to be monitored during post-closure.
2. Frequency of monitoring of these wells.
3. Analyses required during post-closure.
4. Statistical and chemical analysis of data and determination if contamination has occurred.
5. Contingency monitoring plan, allowing for modifications in accordance with evolving hydrogeological interpretations at this site, such as
bb' u-ld-lbbU 11:14 FRUll t ,S ENCUM HLBHH-' TO 89332965162777434 P.O'
those resulting from a RI/FS.
J. Surface Water Monitoring - as in subparagraph "I" above, for surface water sampling locations.
K. Maintenance Activities.
1. Facility inspections
a. List all structures and facilities to be inspected.
b. Frequency of inspections for each.
c. Specify person or firm to conduct inspections.
2. Cover and Cap Maintenance
a. Cover and cap maintenance activities and schedule.
b. Reseeding and mulching schedule.
c. Soil replacement.
d. Ph level maintained for optimum vegetative cover.
e. Incremental settlement assessment.
f. Method of determination of cap effectiveness during post closure.
3. Erosion Control
a. Maintenance Program
b. Activities required to repair erosion
c. Replacement cover
d. Vegetative cover replacement if lost during drought
condition,
4. Maintenance of Groundwater Monitoring System
5. Maintenance of Surface Water Collection System 6. Planned Responses to Possible Occurrences of:
a. Loss of containment integrity, including surface
DEC-ie-1990 li:i4 FROM NYS ENCON ALBANY TO 89332965162777484, P.08
water collection system.
b. Severe storm erosion.
c. Groundwater intrusion, including excess leachate generation.
d. Contamination of the surface waters.
e. Outline of remedial action plan to address water contamination and cleanup.
L. Activities Required During Post-closure Period:
1. Gas Control and Maintenance
a. Location of detection wells on site.
b. Observation and inspection of gas vents and/or monitoring wells.
c. Frequency of observation.
b. Regular maintenance schedule.
2. Security and public access practices planned for post-closure period.
a. Description of security system. r
b. Maintenance schedule.
c. 6 NYCRR Part 364 Manifest records review.
d. Report of disposition of unusual occurrences (especially accidental input of restricted wastes).
3. Reporting — Annual report of the post-closure activities should be sent to the Department sxmmarizing the key issues discussed above.
V, Requirements for Use of Rolite-treated Incinerator Ash As Gas Venting Layer of Final Cap.
A. Prior to permanent placement of the treated ash aggregate, detailed engineering construction drawings must be submitted and approved by the Department as follows:
l_,t;^_ia_lj.-iy i i : i 5 FftuM NYS ENCON HLBAI-lr TO 89332965162777484 P. 09
1. Plan and section of final cover. ceJ.-dc-^^^y.P^^'^ ,
2. Plan and section drawings of typical test pads. Iw-t -r
3. Plan indicating location of benchmarks delineating boundaries of each fill section.
B. The project shall include the installation of .two test pads (25 feet by 25 feet) per three acre section; one (1) horizontal and one (1) on 3:1 side slope. A sample collection protocol for obtaining representative samples from ach of the three acre, sections to be used in the i/ test pad" construction must be submitted, A minimum 100 r ^ 5^ pound sample from each test pad shall be collected for I / analyses. iS^'-^-
C. Procedures must be established to assure that curing^
UL. -
eryd'
conditions are adequately controlled to prevent freezing of Rolite during the seven day curing period.
D. Provisions for continuous monitoring of ambient air Coppi/^ temperatures and precipitation onsite at the Blydenburgh ^" ' Landfill.
E. Incorporate the use of filter fabric above and below Rolite aggregate to assure the integrity of the proposed gas venting layer.
F. Each test section and test pad shall be constructed of SniX ash generated at a single facility. No co-mingling of ashes within a section or pad is permitted.
G. Pre-processed ash (after screening) shall be evaluated for volatile matter on a daily basis. After thirty (30) days unless extended by the Department, from the date of execution of this Order, pre-processed ash exceeding five percent volatile matter (using LOI or other method approved by the Department) shall not be incorporated into Rolite ash aggregate. A protocol to meet this criteria shall be submitted to the Department prior to initiation of the project.
H, A grain size analysis of each 500 tons of cured Rolite ash aggregate shall be conducted prior to placement in test sections. No ash aggregate containing" greater than five percent fines shall be utilized.
I. Arrangements for disposal of ash failing to meet the criteria in 7 and 8 above shall be identified.
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DEC-i8-i990 li:ib FROM NYS ENCON ALBANY TO 89332965162777434 P. 10
A- revised - .sshedule for placement of Rolite in eag]i. sectisjfli shallbe submitted to the Department for approval.
K. Laboratory testing to assure the "venting properties" of the in-situ Rolite material must include the following:
1. Constant head or falling head permeability tests (depending on how fast the material drains).
2. Samples used in these permeability tests must be at the standard proctor density of the material (taking into account in-situ overburden pressure to be expected as the material consolidates in the field).
Once the standard proctor density has been established in the lab, and having met the permeability requirements of 10-3 cm/s for a gas venting layer, field testing (nine per acre) using a nuclear densometer must be implemented. Readings fPf field density, and moisture content will confirm
> ^to^, CN"^'J^A'i)ermeability of the in-situ material in the field.
I jrS^~\ P'' -6^ Field verification of lab permeability tests shall ^ r>n, I . A*! 1 ^® conducted using the falling head permeability \ "-3 9 A,c3r\^ test,
\\^ W<^^ '^' ^^ operating record shall be established indicating: kr 0^'
1. Receipt of each incoming shipment of ash residue, including identification of the source.
2. Record of each "batch" of Rolite produced, with admixture data.
3. Date and location and final disposition,
4. Daily volatile matter testing,
5» Nuclear densometer readings,
6, All sampling events and analytical data.
M. All processing and final placement must be conducted under the observation of DEC representatives.
N.i A schedule for final cover shall be established which ...y will minimize the exposure time of the gas venting
layers.
O t ' - - l b - l b b U l i : i b FRUl'l NYS ENCOt l ALBANY TO 89332965162777484 P. 11 • 1
O. Sampling - Upon request, aliquots of all samples collected under this project shall be provided to the Department.
P. Reporting - All reports and submittals required by this permit must be prepared by a licensed professional engineer, and copies must be submitted to the Department at the following addresses:
Norman H. Nosenchuck, P.E. Director, Division of Solid Waste New York State Department of Environmental Conservation
50 Wolf Road Albany, New York 12233-4010
Gerald Brezner Solid & Hazardous Waste Region 1 Headquarters SUNY at Stony Brook Building #40 Stony Brook, New York 11794
Q. Hours of Operation - The processing of Rolite ash aggregate and placement of gas venting layer is restricted to daylight hours,
R. Construction Supervision - The construction of the final cap must be conducted under the supervision of an individual licensed to^practice professional engineering in the State of New York. Prior to commencement of construction. Respondents shall notify the DEC Regional Director of the name of this individual. Upon completion of construction, that individual must certify, in writing, that the facility construction is in accordance with the terms of this Order and the conditions of any -Department approval, and tested in accordance with generally accepted engineering practices. This certification must be submitted to the Department within three months after completion of construction, and must include as-built plans.
S. Fugitive Dust - A procedure must be developed and implemented to minimize fugitive dust from the processing and placement of Rolite ash aggregate.
T. Use of Rolite-treated incinerator ash shall not be allowed in areas of Respondents' landfill not underlain by a bottom liner. All areas where treated ash is to be utilized must be approved by the Department in advance of
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DEC-18-1990 li:l7 FROM NYS ENCON ALBANY TO 89332965162777484 P.12
permanent placement of ash.
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5
APPENDIX L
SUMMARY OF VIOLATIONS
Violations described below are referenced as follows:
1(a)= Daily cover violation under 6 NYCRR 360-2.17(c) 1(b)= Intermediate cover violation under 6 NYCRR 360-2.17(d) 2 =» Confinement of waste violation under 6 NYCRR 3 60-1,14 (k) 3 = Dust violation under 6 NYCRR 360-1.14(1) 4 = Vector violation under 6 NYCRR 360-1.14(1) 5 = Odor violation under 6 NYCRR 360-1.14(1) 6 = Leachate control violation under 6 NYCRR 360-2.17(h) 7 = Lift height violation under 6 NYCRR 360-2.17(b)(2) 8 = Open burning violation under 6 NYCRR 360-1.14(q) 9 = Maintenance of roads violation under 6 NYCRR 360-1.14(m) 10 = Waste in surface water violation under 6 NYCRR 360-2.13(a)(2) 11 = Landfill gas control violation under 6 NYCRR 360-2.17(f) 12 = Leachate recirculation violation under 6 NYCRR 3 60-2.17(j)
DATE
1/15/87 9/30/87 1/15/88 1/19/88 3/25/88 3/10/89 3/17/89 3/28/89 3/30/89 4/10/89 4/11/89 4/25/89 4/28/89 5/30/89 6/5/89 6/16/89 7/21/89 8/14/89 9/5/89 9/12/89 9/20/89 10/23/89 11/6/89 11/10/89 11/14/89
VIOLATION
3/ 5, 7 5, 11 2, 5, 11 2 5 1(a),'2 2 1(b), 2, 5, 1(b), 2 , 5 , K b ) , 2 , 4, 1(b), 2 , 4 5 1(b) 5 K b ) , 4 5, 1(a) 1(b) (two p3 1(a), 5 1(a), 1(b) 1(a), Kb) 1(a) 1(a), 5, 6, 5, 6 (overf] 5, 6 (overf] 1(b), 4, 5
6 6 5
Laces), 4
12 .ow), 12 .ow), 12 -
INSPECTOR
Coyle Farkas Farkas Pappachan Pappachan Carter Carter Fitzgerald Fitzgerald Fitzgerald Fitzgerald Suri Carter.; Carter'1 ; Fitzget<(ld Carter Carter Cartejs Carta^ Carter Carter Carter Carter Carter Carter
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\
APPENDIX L
SUMMARY OF VIOLATIONS
PAGE 2
DATE VIOLATION INSPECTOR
11/14/89 11/21/89 12/29/89 1/12/90 1/24/90 1/26/90 2/1/90 2/6/90 2/7/90 2/13/90 2/16/90 3/8/90 3/8/90 3/19/90 4/2/90 4/2/90 4/27/90 5/1/90 6/7/90 6/25/90
(separate report)
(a), 1(b), 2 (a)
, 10
, 8, 9 (b), 10
(a) , K b ) (a), K b ) , 7
(different source)
Carter Carter Richter Richter Suri Richter Suri Suri Richter Richter Suri suri Richter Richter Richter Suri Richter Richter Lubin Lubin
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APPENDIX M
SOLID WASTE MANAGEMENT PLAN REQUIREMENTS
The Plan must take into account the objectives of the State's solid waste management policy set forth in ECL 27-0106 and must provide for the management of all solid waste generated within Respondent's boundaries for at least a ten year period. The Plan also must reflect and employ sound principles of solid waste management, natural resources conservation, energy production, and employment-creating opportunities. The Plan must include, at a minimum, the following:
(a) A description of Respondent, including its size and population and significant circumstances pertaining to it, such as (but not limited to or exemplified by) major population centers. State or Federal parks, seasonal area usage, and large or significant industries;
(b) Identification of the quantity and types of solid waste generated within Respondent's boundaries, as identified in existing reports, studies, or other available sources;
(c) Identification of proposed and existing facilities used to store, process, treat, or dispose of the solid waste generated within Respondent's boundaries, their expected life, and their current operating statuses, and proposed or existing solid waste management facilities that are designed or have the capacity to manage solid waste generated outside Respondent's borders and their expected life and current operating statuses;
(d) Projections of future population, waste generation, and special conditions which may affect any of these characteristics;
(e) Projections of changes to the waste streams and the effects of the changes on the current and proposed management practices within Respondent's boundaries;
(f) A comprehensive recycling analysis, including those matters identified in 6 NYCRR 360-1.9(f)(1) through (6);
Cg) Evaluation of the various technologies for storage, treatment, and disposal of solid waste, including determinations of appropriate sizing of facilities based upon projected quantities and composition of the solid waste generated within the Respondent's boundaries and waste reduction/recyclables recovery efforts and the costs of the various alternatives;
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(h) Selection of an integrated system (defined for purposes of this Appendix as the solid waste management program in the Plan to manage the solid waste generated within or entering for purposes of management. Respondent's borders including but not limited to its minimization at point of generation and collection within Respondent's borders and its treatment, transfer, storage, processing, materials or energy recovery, and disposal) for managing each of the various types of solid waste generated within Respondent's borders;
(i) A plan to implement the integrated system, to close existing inadequate facilities, or to bring them into compliance with appropriate statutory and regulatory requirements, and to identify major events and milestones to achieve implementation;
(j) Identification of measures to manage each of the various types of solid waste generated within Respondent's boundaries until the integrated system is completely implemented;
(k) Identification of the administrative structure that will be responsible for implementing each element of the plan and for operating the various portions of the integrated system;
(1) Identification of any new, or changes to existing, local laws or ordinances which may be required to fully implement the integrated system;
(m) An analysis of the costs of implementing the integrated system, including the costs of capital investments, operation, maintenance, administration, and financing, and the financing mechanisms that will meet the anticipated costs;
(n) A description of the process that will be used to inform the public of Respondent's planning process and of the opportunity for the public to participate in the Plan's development;
(o) A description of the measures used to secure participation of neighboring- jurisdictions, any limitations which the Plan's implementation would impose on the neighboring jurisdictions' solid waste management programs, and the effects of including those other jurisdictions in the Plan, including additional viable alternatives; and
(p) An accounting, to the maximum extent practicable, of the comments and views expressed by concerned governmental, environmental, commercial, and industrial interests, the public, and neighboring jurisdictions.
