LegalFix

27-0918 - Closure and Post-Closure Plans.

NY Env Cons L § 27-0918 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

1. Owners and operators of hazardous waste facilities shall submit to the department for its approval plans for the closure and post-closure monitoring and maintenance of their facilities. The department may promulgate rules and regulations concerning the contents of such plans. Such regulations shall reflect due consideration of relevant federal requirements and except where necessary to serve the public interest or inconsistent with the purposes of this section, shall conform to relevant federal regulations, but shall in no case be less stringent than such federal requirements and regulations. In the case of new facilities, such plans shall be approved prior to the effective date of the facility's operating permit. In the case of existing facilities, such plans shall be submitted to the department within six months of the effective date of this section, and shall be approved, denied or modified by the department within twelve months of submission.

2. Together with the submission of a plan for closure and post-closure monitoring and maintenance, the owner or operator of a hazardous waste facility shall submit to the department for approval a written estimate of the costs associated therewith. The estimate of closure costs must equal the cost of closure at the point in the facility's operating life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan.

3. The owner or operator shall prepare new closure and post-closure monitoring and maintenance cost estimates whenever the department or the owner or operator determines that a change in either the closure or post-closure monitoring and maintenance requirements affects the cost of closure or post-closure care respectively.

4. One year after the approval of the cost estimates as set forth in subdivision two of this section, and annually thereafter until closure of the facility, the owner or operator shall adjust the closure and post-closure monitoring and maintenance estimates to account for inflation.

5. All estimates made pursuant to this section and revisions thereto shall be subject to the review and approval of the department.

6. The department shall periodically review the methods and instruments of financial assurances for permitted hazardous waste facilities to determine whether they are adequate in light of changed circumstances to insure proper closure and post-closure monitoring and maintenance of such facilities.

7. The provisions of this section relating to post-closure monitoring and maintenance plans and cost estimates associated therewith shall only apply to owners and operators of disposal facilities.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
27-0918 - Closure and Post-Closure Plans.