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 he 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.
New York Legal Code