§ 43-1407 Remedial Program.
RCNY § 43-1407
a. The remedial program shall be fully protective of public health and the environment including, but not limited to, soil, groundwater according to its classification pursuant to § 17-0301 of the New York state environmental conservation law, drinking water, surface water, air (including indoor air), sensitive populations (including children), and ecological resources (including fish and wildlife).
1.Remedial actions shall be selected and the remedial action work plan shall be approved based upon consideration of the following: A. A remedial program that achieves a permanent cleanup of a contaminated site is preferred over a remedial program that does not do so. B. The selection of remedial actions shall not interfere with, be inconsistent with, or otherwise impair remedial actions that may be developed or implemented by a state or federal agency. C. Consistent with federal or state statute, rule or regulation or state guidance document DER-10, issued by the division of environmental remediation of the New York state department of environmental conservation, the selection of remedial actions may take into account the current, intended, and reasonably anticipated future land uses of the site and its surroundings. D. The selection of remedial actions for soil cleanup shall be pursuant to the cleanup tracks defined in 6 NYCRR part 375-3(e) and state guidance document DER-10, issued by the division of environmental remediation of the New York state department of environmental conservation. For cleanups performed pursuant to track four of that part, the enrollee shall demonstrate that the remedial action would be protective of public health and the environment. This demonstration shall be included in the alternatives analysis developed pursuant to subdivision i of this section. E. All remedial action work plans, shall be approved by the office in consultation with the New York city department of health and mental hygiene.
2.To achieve stated goals, the remedial program may include, but is not limited to, the actions set forth in this paragraph. A. A site may be divided into operable units. B. Multiple work plans and reports may be approved for a site, pursuant to 43 RCNY § 43-1406. C. The remedial program shall address bulk storage tanks or containment vessels, source removal and control, and groundwater protection and control measures, pursuant to subdivisions b through d of this section. D. Remedial actions selected for a site shall consider the use of remedial actions that the office has determined to have been demonstrated to be feasible and to meet the remediation requirements. E. Remedial actions selected for a site may consider the use of innovative technologies that are demonstrated to be feasible to meet the remediation requirements. F. Where the remedial program for a site requires ongoing site management, the enrollee shall develop a site management plan for the site that shall include, as applicable for the remedial program, the following plans: i. institutional and engineering control plan; ii. monitoring plan; iii. operation and maintenance plan; and iv. reporting plan. G. The remedial program at a site shall analyze the impact of contamination at a site on the following environmental media: i. soil; ii. groundwater; iii. surface water and sediments; iv. soil vapor; and v. ambient air. H. Where an interim remedial measure is proposed at a site, such measure shall be conducted pursuant to a work plan approved by the office. Such work plan shall require the submission of a final report upon conclusion of the interim remedial measure. b. Bulk storage tanks and containment vessels.
3.Where any contaminant is found to be stored on the site in containment vessels, such as storage tanks, drums, or transformers, such contaminants shall be addressed pursuant to state and federal law and in programs designed for that purpose. c. Source removal and control measures. The following is the hierarchy of source removal and control measures that are to be used to remediate a site, ranked from most preferable to least preferable: 1. Removal and/or treatment. All sources, concentrated solid or semi-solid hazardous substances, dense non-aqueous phase liquid, light non-aqueous phase liquid and/or grossly contaminated media shall be removed and/or treated; provided however, that if the removal and/or treatment of all such contamination is not feasible, such contamination shall be removed or treated to the greatest extent feasible.
4.Treatment of source at the point of exposure. Treatment of the exposure resulting from a source of environmental contamination at the point of exposure, including but not limited to, as applicable, wellhead treatment or the management of volatile contamination within buildings, shall be considered as a measure of last resort. d. Groundwater protection and control measures. The remedial program shall satisfy the requirements for groundwater contamination of 6 NYCRR part 375 and shall be consistent with any agreement between the office and a state and/or federal agency. e. Scope of the investigation.
5.Off-site contamination. Responsibility for off-site contamination is determined by the enrollee's status as follows: A. A volunteer shall perform a qualitative exposure assessment of the contamination that has migrated from the site consistent with § 27-1415(2)(b) of the New York state environmental conservation law and state guidance document DER-10, issued by the division of environmental remediation of the New York state department of environmental conservation. For sites being addressed by a volunteer, the volunteer has no obligation to implement a remedy to address an off-site exposure identified by this assessment. B. A participant shall fully investigate and characterize the nature and extent of contamination that has migrated or emanated from the site to off-site locations.
6.The remedial investigation report must demonstrate whether conditions at the site without remediation meet the applicable unrestricted use soil cleanup objectives set forth in the table in 6 NYCRR § 375-6.8(a).
7.Where the applicable unrestricted use soil cleanup objectives set forth in the table in 6 NYCRR § 375-6.8(a) will not be achieved, any determination that the requirements of the brownfield cleanup program have been met without the need for remediation shall be supported by a remedial alternatives analysis. f. Remedial action selection.
