Section 27-0704. Land burial and disposal in the counties of Nassau and Suffolk; special provisions

1. Definitions. As used in this section the following terms shall have
  the following meanings:
    a. "Clean fill" shall mean material  consisting  of  concrete,  steel,
  wood, sand, dirt, soil, glass, or other inert material designated by the
  commissioner.
    b.  A  "deep  flow recharge area" shall mean a sensitive recharge area
  within the counties of Nassau  and  Suffolk  within  the  boundaries  of
  hydrogeologic  zones  I,  II  and  III  as  defined  in  the Long Island
  Comprehensive  Waste  Treatment  Management  Plan  of  nineteen  hundred
  seventy-eight.
    c.  "Downtime  waste"  shall  mean  any  treatable  or  burnable waste
  accumulated during a scheduled or unscheduled maintenance  period  of  a
  treatment facility.
    d. "Hazardous waste" shall be defined as promulgated by the provisions
  of section 27-0903 of this article.
    e.  "Landfill" shall mean a disposal facility at which solid waste, or
  its residue after treatment, is intentionally placed and at which, waste
  shall remain after closure.
    f. "Long Island  Comprehensive  Waste  Treatment  Management  Plan  of
  nineteen  hundred  seventy-eight"  shall  mean the study prepared by the
  Long Island Regional Planning Board  pursuant  to  section  two  hundred
  eight of the federal water pollution control act.
    g.  "Treatment  facility"  shall mean resource recovery, incineration,
  composting, or other process as approved  by  the  commissioner  through
  which solid waste is put in order to reduce volume and toxicity.
    h.  "Untreatable  waste"  shall mean that material that because of its
  size or composition cannot be processed by a treatment facility.
    2. The Long Island Comprehensive Waste Treatment  Management  Plan  of
  nineteen  hundred  seventy-eight  shall be kept on file in the office of
  the commissioner. The hydrogeologic zones and their attendant boundaries
  as specified in the aforementioned plan are hereby adopted.  Any changes
  made in the  boundaries  and  accepted  by  the  commissioner  shall  be
  considered as automatically adopted for the purposes of this section.
    3.  On  or  after  the  effective  date  of this section and except as
  provided herein, no person  shall  commence  operation,  including  site
  preparation,  of  a  new  landfill  or  of  an  expansion to an existing
  landfill which is located in a deep flow  recharge  area.  However,  the
  commissioner,  after  conducting a public hearing, may approve a limited
  expansion of any existing landfill in a deep flow recharge area for  the
  sole purpose of providing for solid waste disposal capacity prior to the
  implementation of a resource recovery system. The commissioner shall not
  approve  any  such  expansion  unless  he  finds  that the owner of such
  landfill is a municipality that  is  implementing  a  resource  recovery
  system  which  is  acceptable  to  the  commissioner  and  which will be
  operational no later than seven years after the effective date  of  this
  section  and  that  no other feasible means of solid waste management is
  available,  taking  into  account  technological,  economic  and   other
  essential factors.
    4.  On  or  after  the effective date of this section, no person shall
  commence operation, including site preparation, of a new landfill or  of
  an  expansion to an existing landfill, which is located in the county of
  Nassau or Suffolk outside of deep flow recharge areas unless:
    a. The commissioner has made an affirmative  determination  that  such
  landfill will not pose a threat to groundwater quality; and
    b.  The  owner  or  operator  of  the  landfill has posted a financial
  guarantee such as, but not limited to,  pollution  liability  insurance,

  sureties,  performance  bonds  and/or  trust  funds  acceptable  to  the
  commissioner  securing  the  cost  of  corrective  treatment,   or   the
  development  of alternative water sources, should such landfill become a
  source  of groundwater, surface water, or air pollution. The size of the
  financial guarantee, the financial stability  of  the  surety,  and  the
  terms  of  posting  shall  be  determined by the commissioner. Financial
  surety shall also  be  arranged  to  ensure  the  proper  operation  and
  maintenance of leachate and other collection and treatment systems for a
  period  of  time, as determined by the commissioner, after a landfill is
  closed; and
    c. The landfill is underlain by two or more natural  and/or  synthetic
  liners each with provisions for leachate collection, and has a treatment
  and  disposal system, all of which are approved by the commissioner. Any
  natural clay liners shall have a minimum compacted thickness of two feet
  and all liners shall have a maximum hydraulic conductivity not to exceed
  one times ten to the minus seven centimeters per second. If the landfill
  uses two synthetic liners, the department shall require that the  liners
  are of different chemical compositions; and
    d.  The landfill is designed and operated to minimize the migration of
  methane gas or other gases beyond the facility boundaries so as to avert
  the creation of a nuisance or a danger to property or public health; and
    e. The landfill is prohibited from accepting industrial, commercial or
  institutional solid or liquid waste that is hazardous; and
    f. The landfill is not located in a freshwater wetland, tidal  wetland
  or floodplain as identified by the department.
    g. Except as provided herein, the landfill accepts only material which
  is  the  product  of  resource  recovery,  incineration  or  composting.
  Downtime waste and wastes that are untreatable by  a  resource  recovery
  system  may  be  disposed of when handled as provided in this paragraph.
  Downtime waste and untreatable waste that  is  landfilled  may  only  be
  deposited  in a special disposal area that is located and constructed so
  as to segregate these wastes and minimize their effect on  residents  of
  the  surrounding  area.  Not  more  than ten percent of the annual rated
  capacity of a resource recovery facility may be disposed of as  downtime
  waste  per year. However, up to ten percent of the annual rated capacity
  of more than one resource recovery facility may be so disposed of  at  a
  single landfill.
    Any  such  landfill may also accept wastes other than those authorized
  in  this  subdivision  whenever  such  disposal  is  approved   by   the
  commissioner  based  upon  a  finding  made  after the opportunity for a
  public hearing that (i) no resource recovery facility  is  available  to
  accept  such  waste;  (ii)  the  owner  of  the  landfill  is making all
  reasonable efforts to implement a resource recovery system acceptable to
  the commissioner; and (iii) that the landfilling of such wastes will not
  have significant adverse environmental impacts.  In  granting  any  such
  approval, the commissioner shall impose conditions necessary to mitigate
  any  adverse environmental impacts to the maximum extent practicable and
  shall impose a schedule under which the municipality shall implement  an
  acceptable resource recovery system.
    5. Within seven years of the effective date of this section, no person
  shall  operate a landfill existing on the effective date of this section
  in the counties of Nassau and Suffolk unless:
    a. The owner or operator  of  the  landfill  has  posted  a  financial
  guarantee  such  as,  but not limited to, pollution liability insurance,
  sureties,  performance  bonds  and/or  trust  funds  acceptable  to  the
  commissioner   securing   the  cost  of  corrective  treatment,  or  the
  development of alternative water sources, should such landfill become  a
  source  of  groundwater, surface water or air pollution. The size of the

  financial guarantee, the financial stability  of  the  surety,  and  the
  terms  of  posting  shall  be  determined by the commissioner. Financial
  surety shall also  be  arranged  to  ensure  the  proper  operation  and
  maintenance of leachate and other collection and treatment systems for a
  period  of  time, as determined by the commissioner, after a landfill is
  closed; and
    b. The landfill is underlain by two or more natural  and/or  synthetic
  liners each with provisions for leachate collection, and has a treatment
  and  disposal system, all of which are approved by the commissioner. Any
  natural clay liners shall have a minimum compacted thickness of two feet
  and all liners shall have a maximum hydraulic conductivity not to exceed
  one times ten to the minus seven centimeters per second. If the landfill
  uses two synthetic liners, the department shall require that the  liners
  are of different chemical composition; and
    c.  The landfill is designed and operated to minimize the migration of
  methane gas or other gases beyond the facility boundaries so as to avert
  the creation of a nuisance or a danger to property or public health; and
    d.  The  landfill  does   not   accept   industrial,   commercial   or
  institutional solid or liquid waste that is hazardous; and
    e.  The landfill is not located in a freshwater wetland, tidal wetland
  or floodplain as identified by the department.
    f. Except as provided herein, the landfill accepts only material which
  is  the  product  of  resource  recovery,  incineration  or  composting.
  Downtime  waste  and  wastes that are untreatable by a resource recovery
  system may be disposed of when handled as provided  in  this  paragraph.
  Downtime  waste  and  untreatable  waste  that is landfilled may only be
  deposited in a special disposal area that is located and constructed  so
  as  to  segregate these wastes and minimize their effect on residents of
  the surrounding area. Not more than ten  percent  of  the  annual  rated
  capacity  of a resource recovery facility may be disposed of as downtime
  waste per year. However, up to ten percent of the annual rated  capacity
  of  more  than one resource recovery facility may be so disposed of at a
  single landfill.
    If the landfill is located outside of the  deep  flow  recharge  area,
  such landfill may also accept wastes other than those authorized in this
  subdivision whenever such disposal is approved by the commissioner based
  upon  a finding made after the opportunity for a public hearing that (i)
  no resource recovery facility is available to accept  such  waste;  (ii)
  the  owner of the landfill is making all reasonable efforts to implement
  a resource recovery system acceptable to  the  commissioner;  and  (iii)
  that  the  landfilling  of such wastes will not have significant adverse
  environmental impacts. In granting any such approval,  the  commissioner
  shall  impose conditions necessary to mitigate any adverse environmental
  impacts to the maximum extent practicable and shall  impose  a  schedule
  under  which  the  municipality  shall  implement an acceptable resource
  recovery system.
    6.  Notwithstanding  the  other  provisions  of  this   section,   the
  commissioner  may  allow, by permit, the disposal of clean fill material
  in the counties of Nassau  and  Suffolk.  Such  material  shall  not  be
  contaminated with hazardous wastes.