1. (1) the only wastes the facility receives which are amenable to piling are compatible with each other; or

2. (2) the waste received is compatible with the waste in the pile to which it is to be added. The analysis conducted must be capable of differentiating between the types of hazardous waste the owner or operator places in piles, so that the mixing of incompatible waste does not inadvertently occur. The analysis must include a visual comparison of color and texture. Note:

   1. (i) the pile must be placed on an impermeable base that is compatible with the waste under the conditions of treatment or storage;
   2. (ii) the owner or operator must design, construct, operate and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm;
   3. (iii) the owner or operator must design, operate and maintain a runoff management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm; and

   4. (iv) collection and holding facilities (e.g., tanks or basins) associated with run-on and runoff control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system; or

      (2)

   5. (i) the pile must be protected from precipitation and run-on by some other means; and

   6. (ii) no liquids or wastes containing free liquids may be placed in the pile. Note:

      Note:

      If collected leachate or runoff is discharged through a point source to waters of New York State, it is subject to the requirements of article 17 of the ECL.

      (e) Special requirements for ignitable or reactive waste.

   Note:

   As required by section 373-3.2(d) of this Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (e) and (f) of this section. As required by section 373-3.5(c) of this Subpart, the owner or operator must place the results of this analysis in the operating record of the facility.

   (d) Containment.

   If leachate or runoff from a pile is a hazardous waste, then either:

   (1)

3. (1) Ignitable or reactive wastes must not be placed in a pile, unless the waste and the pile satisfy all applicable requirements of Part 376 of this Title, and:

   1. (i) addition of the waste to an existing pile:

      1. (a) results in the waste or mixture no longer meeting the definition of ignitable or reactive waste under section 371.3(b) or (d) of this Title; and
      2. (b) section 373-3.2(h)(2) of this Subpart is complied with; or

   2. (ii) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.

      (f) Special requirements for incompatible wastes.

4. (1) Incompatible wastes, or incompatible wastes and materials (see Appendix 29, infra, for examples) must not be placed in the same pile, unless section 373-3.2(h)(2) of this Subpart is complied with.

5. (2) A pile of hazardous waste that is incompatible with any waste or other material placed nearby in other containers, piles, open tanks or surface impoundments must be separated from the other materials, or protected from them by means of a dike, berm, wall or other device. Comment:

   Comment:

   The purpose of this is to prevent fires, explosions, gaseous emissions, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the contact or mixing of incompatible wastes or materials.

6. (3) Hazardous waste must not be piled on the same area where incompatible wastes or materials were previously piled, unless that area has been decontaminated sufficiently to ensure compliance with section 373-3.2(h)(2) of this Subpart.

   (g) Closure and post-closure care.

7. (1) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 371.1(d)(4) of this Title applies; or

8. (2) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in paragraph (1) of this subdivision, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator must close the facility and perform post-closure care in accordance with the closure and post- closure requirements that apply to landfills (see section 373-3.14[d] of this Subpart).

   (h) Design and operating requirements.

   The owner or operator of each new waste pile unit on which contruction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with section 373-2.12(b)(3), unless exempted under section 373-2.12(b)(4), (5), or (6) of this Part; and must comply with the procedures of section 373-3.11(i)(2) of this Subpart. Construction commences is as defined in section 370.2(b) of this Title under existing facility.

   (i) Action leakage rate.

9. (1) The owner or operator of waste pile units subject to section 373-3.12(h) of this Subpart must submit a proposed action leakage rate to the commissioner when submitting the notice required under section 373-3.12(h) of this Subpart. Within 60 days of receipt of the notification, the commissioner will: establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this subdivision; or extend the review period for up to 30 days. If no action is taken by the commissioner before the original 60 or extended 90 day review period ends, the action leakage rate will be approved as proposed by the owner or operator.
10. (2) The commissioner shall approve an action leakage rate for waste pile units subject to section 373-3.12(h) of this Subpart. The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must allow for decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

11. (3) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly flow rate from the monitoring data obtained under section 373-3.12(k) of this Subpart, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period.

    (j) Response actions.

12. (1) The owner or operator of waste pile units subject to subdivision (h) of this section must develop and keep on-site, until closure of the facility a response action plan. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (2) of this subdivision.

13. (2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

    1. (i) notify the commissioner in writing of the exceedence within seven days of the determination;
    2. (ii) submit a preliminary written assessment to the commissioner within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
    3. (iii) determine, to the extent practicable, the location, size, and cause of any leak;
    4. (iv) determine whether waste receipts should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
    5. (v) determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
    6. (vi) within 30 days after the notification that the action leakage rate has been exceeded, submit to the commissioner the results of the analyses specified in subparagraphs (iii) through (v) of this paragraph, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the commissioner a report summarizing the results of any remedial actions taken and actions planned.

14. (3) To make the leak and/or remediation determinations in subparagraphs (2)(iii) through (v) of this subdivision, the owner or operator must:

    1. (a) assess the source of liquids and amounts of liquids by source;
    2. (b) conduct a finger print, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
    3. (c) assess the seriousness of any leaks in terms of potential for escaping into the environment; or

    4. (ii) document why such assesments are not needed.

       (k) Monitoring and inspection.

       An owner or operator required to have a leak detection system under section 373-3.12(h) of this Subpart must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

    (i)

(a) Applicability.

The regulations in this section apply to owners and operators of facilities that treat or place hazardous waste in piles, except as section 373-3.1(a) of this Subpart provides otherwise. Alternatively, a pile of hazardous waste may be managed as a landfill under section 373-3.14 of this Subpart.

(b) Protection from wind.

The owner or operator of a pile containing hazardous waste which could be subject to dispersal by wind must cover or otherwise manage the pile so that wind dispersal is controlled.

(c) Waste analysis.

In addition to the waste analyses required by section 373-3.2(d) of this Subpart, the owner or operator must analyze a representative sample of waste from each incoming movement before adding the waste to any existing pile, unless: