New York Surface Impoundments regulations & environmental compliance analysis

New York Surface Impoundments: What you need to know

Governing Law and Regulations

Hazardous waste surface impoundment rules: 6 New York Codes, Rules, and Regulations (NYCRR) 373-2.11 and 6 NYCRR 373-3.11 (interim status)

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Organic air emissions standards: 6 NYCRR 373-2.28 to 373-3.29 and 6 NYCRR 373-3.28 to 373-3.29 (interim status)

Groundwater standards: 6 NYCRR 373-2.11(c)

Regulatory Agency

New York State Department of Environmental Conservation (DEC) Office of Remediation and Materials Management Division of Environmental Remediation Hazardous Waste Program

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York follows the federal rules for surface impoundments, including the federal organic air emissions standards. Hazardous waste treatment, storage, and disposal facilities (TSDFs) in New York that use surface impoundments must comply with more stringent groundwater standards than are required under the federal rules.

In addition, the state's permit standards are more stringent than their federal counterparts. Unlike the federal rules, New York requires permitted facilities to pay an annual hazardous waste management fee. See the state section TSDF PERMITS to review these additional requirements.

Administration and enforcement. DEC's Division of Environmental Remediation administers and enforces the surface impoundment requirements in New York.

State Requirements


6 NYCRR 373-2.11(c)

New York specifies that double-lined surface impoundments are not exempt from DEC's stringent groundwater protection standards found at 6 NYCRR 373-2.6. See the state section GROUNDWATER for more information on the state's groundwater rules.

Read more about Surface Impoundments