N.Y. Environmental Conservation Law § 15-0517: Water quality testing requirements for land clearing debris and compost facilities in Nassau and Suffolk counties

§ 15-0517. Water quality testing requirements for land clearing debris

and compost facilities in Nassau and Suffolk counties.

1. In Nassau and Suffolk counties, the department shall promulgate

rules and regulations to prevent water quality and other environmental

impairments resulting from land clearing debris facilities or composting

facilities. Such regulations shall at a minimum require:

(a) quarterly up gradient and down gradient water quality testing;

(b) setbacks from drinking water supply wells and surface water

bodies; and

(c) dust and odor suppression and fire risk minimization.

2. The department shall in the case of a primary recharge area, and

may for other recharge areas, promulgate rules and regulations to be

implemented twenty-four months after the effective date of this section,

to prevent water quality and other environmental impairments resulting

from land clearing debris facilities or composting facilities by

requiring the use of an impermeable liner, in addition to the

requirements of subdivision one of this section. The department may

exempt a land clearing debris facility or a composting facility from the

regulatory requirements of this subdivision following a review of the

facility's water quality testing results and a determination by the

department that such facility does not pose a risk of impairment to the

primary recharge area or, if applicable, other recharge area.

3. For the purposes of this section:

(a) "land clearing debris" shall mean vegetative matter, soil and rock

resulting from activities such as land clearing and grubbing, utility

line maintenance or seasonal or storm related cleanup such as trees,

stumps, brush and leaves and including wood chips generated from these

materials.

(b) "composting facilities" shall mean facilities that accept more

than three thousand cubic yards of waste, either processed or

unprocessed, per year.