§ 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.