Current through Rules and Regulations filed through September 23, 2024
(1) Applicability. All permits and modifications of permits for solid waste landfills, unless a variance has been approved, issued after the effective date of this Rule require the installation of a groundwater monitoring system. Such groundwater monitoring and, if needed, corrective action shall be conducted in accordance with this Rule. Industrial solid waste landfills and construction/demolition waste landfills must also meet the requirements of this Rule unless otherwise exempted by the Division. CCR units must meet requirements in paragraph (6) of Rule 391-3-4-.10.
(2) Groundwater monitoring requirements under paragraphs (8) through (50) of this Rule may be suspended by the Director for a MSWLF unit if the owner or operator can demonstrate that there is no potential for migration of hazardous constituents from that MSWLF unit to the uppermost aquifer during the active life of the unit and the post-closure care period. This demonstration must be certified by a professional geologist registered to practice in Georgia or a professional geotechnical engineer registered to practice in Georgia and the demonstration approved by the Director, and must be based upon:
(a) Site-specific field collected measurements, sampling, and analysis of physical, chemical, and biological processes affecting contaminant fate and transport, and
(b) Contaminant fate and transport predictions that maximize contaminant migration and consider impacts on human health and the environment.
(3) New MSWLF units must be in compliance with the groundwater monitoring requirements specified in this Rule before waste may be placed in the unit.
(4) When referenced in this Rule, Appendix I and Appendix II constituents shall refer to those constituents as listed in Appendix I and II of 40 CFR Part 258, Subpart E, as amended, 56 Fed. Reg. 51032-51039 (October 9, 1991), which are hereby incorporated by reference.
(5) When referenced in this Rule, Appendix III and Appendix IV constituents shall refer to those constituents as listed in Appendix III and IV of 40 CFR Part 257, Subpart D, 80 FR 21468, (April 17, 2015), which are hereby incorporated by reference.
(6) Once established at a MSWLF unit, groundwater monitoring shall be conducted throughout the active life and post-closure care period of that MSWLF unit as specified in Rule 391-3-4-.12.
(7) The Director may approve alternative schedules for demonstrating compliance with paragraph (11)(b) pertaining to notification of placement of certification in operating record; paragraph (23)(a) pertaining to notification that statistically significant increase (SSI) notice is in operating record; paragraph (23)(b) and (c), pertaining to an assessment monitoring program; paragraph (25), pertaining to sampling and analyzing Appendix II constituents; paragraph (27)(a) pertaining to placement of notice (Appendix II constituents detected) in record and notification of notice in record; paragraph (27)(b) pertaining to sampling of Appendix I and II to this Rule; paragraph (30) pertaining to notification (and placement of notice in record) of SSI above groundwater protection standard; paragraphs (30)(a) and (34) pertaining to assessment of corrective measures; paragraph (38) pertaining to selection of remedy and notification of placement in paragraph record; paragraph (46)(d) pertaining to notification of placement in record (alternative corrective action measures); and paragraph (49) pertaining to notification of placement in record (certification of remedy completed).
(8) Groundwater Monitoring Systems. A groundwater monitoring system must be installed that consists of a sufficient number of wells, installed at appropriate locations and depths, to yield groundwater samples from the upper most aquifer that:
(a) Represent the quality of background groundwater that has not been affected by leakage from a unit. A determination of background quality may include sampling of wells that are not hydraulically upgradient of the waste management area where:
1. Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient; or
2. Sampling at other wells will provide an indication of background groundwater quality that is as representative or more representative than that provided by the upgradient wells; and
(b) Represent the quality of groundwater passing the relevant point of compliance specified by the Director under Rule 391-3-4-.07. The downgradient monitoring system must be installed at the relevant point of compliance specified by the Director under this Rule. When physical obstacles preclude installation of groundwater monitoring wells at the relevant point of compliance at existing units, the downgradient monitoring system may be installed at the closest practicable distance hydraulically downgradient from the relevant point of compliance specified by the Director under Rule 391-3-4-.07 that ensures detection of groundwater contamination in the uppermost aquifer.
(9) The Director may approve a multi-unit groundwater monitoring system instead of separate groundwater monitoring systems for each MSWLF unit when the facility has several units, provided the multi-unit groundwater monitoring system meets the requirement of paragraph (8) of this Rule and will be as protective of human health and the environment as individual monitoring systems for each MSWLF unit, based on the following factors:
(a) Number, spacing, and orientation of their MSWLF units;
(b) Subsurface and Surface Hydrogeologic setting;
(c) Site history;
(d) Engineering design of the MSWLF units, and
(e) Type of waste accepted at the MSWLF units.
(10) Monitoring wells must be cased in manner that maintains the integrity of the monitoring well borehole and prevents interaquifer migration of fluids. This casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of groundwater samples. The annular space (i.e., the space between the borehole and well casing) above the sampling depth must be sealed to prevent contamination of samples and the groundwater.
(a) The owner or operator must notify the Director that the design, installation, development and decommission of any monitoring wells, piezometers and other measurement, sampling, and analytical devices documentation has been placed in the operating record; and
(b) The monitoring wells, piezometers, and other measurement, sampling, and analytical devices must be operated and maintained so that they perform to design specifications throughout the life of the monitoring program. Monitoring wells and piezometers shall be constructed by drillers having a valid and current bond with the Water Wells Standards Advisory Council. Monitoring wells require replacement after two dry sampling events, unless an alternate schedule has been approved by the Division.
(11) The number, spacing, and depths of monitoring systems shall be:
(a) Determined based upon site-specific technical information that must include thorough characterization of:
1. Aquifer thickness, groundwater flow rate, groundwater flow direction including seasonal and temporal fluctuations in groundwater flow; and
2. Saturated and unsaturated geologic units and fill materials over lying the upper most aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the upper most aquifer; including, but not limited to: thickness, stratigraphy, lithology, hydraulic conductivities, porosities and effective porosities.
(b) Certified by a qualified groundwater scientist. Within 14 days of this certification, the owner or operator must notify the Director that the certification has been placed in the operating record.
(12) Groundwater Sampling and Analysis Requirements. The groundwater monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgradient wells installed in compliance with paragraph (8) of this Rule. The owner or operator must notify the Director that the sampling and analysis program documentation has been placed in the operating record and the program must include procedures and techniques for:
(a) Sample collection;
(b) Sample preservation and shipment;
(c) Analytical procedures;
(d) Chain of custody control; and
(e) Quality assurance and quality control.
(13) The groundwater monitoring program must include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituents and other monitoring parameters in groundwater samples. Groundwater samples are not normally field-filtered prior to laboratory analysis. If samples are filtered, then both filtered and unfiltered samples shall be collected and submitted to the laboratory for analysis.
(14) The sampling procedures and frequency must be protective of human health and the environment.
(15) Groundwater elevations must be measured in each well immediately prior to purging, each time groundwater is sampled. The owner or operator must determine the rate and direction of groundwater flow each time groundwater is sampled. Groundwater elevations in wells which monitor the same waste management area must be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determinations of groundwater flow rate and direction.
(16) The owner or operator must establish background groundwater quality in a hydraulically upgradient or background well(s) for each of the monitoring parameters or constituents required in the particular groundwater monitoring program that applies to the MSWLF unit, as determined under paragraph (21) or (24) of this Rule. Background groundwater quality may be established at wells are not located hydraulically upgradient form the MSWLF unit if it meets the requirements of paragraph (8)(a) of this Rule.
(17) The number of samples collected to establish groundwater quality data must be consistent with the appropriate statistical procedures determined pursuant to paragraph (18) of this Rule. The sampling procedures shall be those specified in paragraph (22) for detection monitoring, paragraphs (24) and (27) for assessment monitoring, and paragraph (35) for corrective action.
(18) The owner or operator must specify in the operating record one of the following statistical methods to be used in evaluating groundwater monitoring data for each hazardous constituent. The statistical test chosen shall be conducted separately for each hazardous constituent in each well.
(a) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent.
(b) An analysis of variance (ANOVA) based on the ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent.
(c) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit.
(d) A control chart approach that gives control limits for each constituent.
(e) Another statistical method that meets the requirements of Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities Unified Guidance (EPA-530-R-09-007 March 2009).
(19) Any statistical method chosen under paragraph (18) of this Rule shall comply with the following performance standards, as appropriate:
(a) The statistical method used evaluate groundwater monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of the chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data should be transformed or a distribution-free theory test should be used. If the distributions for the constituents differ, more than one statistical method may be needed.
(b) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a groundwater protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experiment wise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts.
(c) If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be protective of human health and the environment. The parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.
(d) If a tolerance interval or a predictional interval is used to evaluate groundwater monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be protective of human health and the environment. These parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.
(e) The statistical method shall account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit (pql) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.
(f) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.
(20) The owner or operator must determinewhether or not there is a statistically significant increase over background values for each parameter or constituent required in the particular groundwater monitoring program that applies to the MSWLF unit, as determined in paragraphs (21) or (24) of this Rule.
(a) In determining whether a statistically significant increase has occurred, the owner or operator must compare the groundwater quality of each parameter or constituent at each monitoring well designated pursuant to subparagraph (8)(b) of this Rule to the background value of that constituent, according to the statistical procedures and performance standards specified under paragraphs (18) and (19) of this Rule.
(b) Within a reasonable period of time after completing sampling and analysis, the owner or operator must determine whether there has been a statistically significant increase over background at each monitoring well.
(21) Detection Monitoring. Detection monitoring is required at MSWLF units at all groundwater monitoring wells defined in subparagraphs (8)(a) and (b) of this Rule. At a minimum, a detection monitoring program must include the monitoring for the constituents listed in Appendix I of this Rule.
(a) The Director may delete any of the Appendix I monitoring parameters for a MSWLF unit if it can be shown that the removed constituents are not reasonably expected to be contained in or delivered from the waste contained in the unit.
(b) The Director may establish an alternative list of inorganic indicator for a MSWLF unit, in lieu of some or all of the heavy metals (constituents 1-15 in Appendix I to this Rule), if the alternative parameters provide a reliable indication of inorganic releases from the MSWLF unit to the groundwater. In determining alternative parameters, the Director shall consider the following factors:
1. The types, quantities, and concentrations of constituents in wastes managed at the MSWLF unit;
2. The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the MSWLF unit;
3. The detectability of indicator parameters, waste constituents, and reaction products in the groundwater; and
4. The concentration or values and coefficients of variation of monitoring parameters or constituents in the groundwater background.
(c) After the effective date of the Rule, owners and operators of MSWLs and Commercial Industrial Landfills must add Appendix III to their detection monitoring parameters before the initial receipt of CCR. MSWLs and Commercial Industrial Landfills that accepted CCR before the effective date of the Rule must incorporate the Appendix III constituents into their monitoring plan by minor modification within 180 days from the effective date of the Rule.
(d) The Director will not delete parameters or establish alternate parameter lists discussed under subparagraphs (21)(a) and (b) for those facilities accepting CCR wastes.
(e) The Director may require additional parameters based on waste descriptions.
(22) The monitoring frequency for all constituents listed in Appendix I to this Rule, or in the alternative list approved in accordance with subparagraph (21)(b) of this Rule, shall be at least semiannual during the active life of the facility (including closure) and the post-closure care period. A minimum of four independent samples from each well (background and downgradient) must be collected and analyzed for the Appendix I constituents, or the alternative list approved in accordance with subparagraph (21)(b) of this Rule, during the first semiannual sampling event. At least one sample from each well (background and downgradient) must be collected and analyzed during subsequent semiannual sampling events. The Director may specify an appropriate alternative frequency for repeated sampling and analysis for Appendix I constituents, or the alternative list approved in accordance with subparagraph (21)(b) of this Rule, during the active life (including closure) and the post-closure care period. The alternative frequency during the active life (including closure) shall be no less than annual. The alternative frequency shall be based on consideration of the following factors:
(a) Lithology of the aquifer and unsaturated zone;
(b) Hydraulic conductivity of the aquifer and unsaturated zone;
(c) Groundwater flow rates;
(d) Minimum distance between upgradient edge of the MSWLF unit and downgradient monitoring well screen (minimum distance of travel); and
(e) Resource value of the aquifer.
(23) If the owner or operator determines, pursuant to paragraph (18) of this Rule, that there is statistically significant increase over background for one or more of the constituents listed in Appendix I to this Rule, or in the alternative list approved in accordance with subparagraph (21)(b) of this Rule, at any monitoring well at the boundary specified under subparagraph (8)(b) of this Rule, the owner or operator:
(a) Must, within 14 days of this finding, place a notice in the operating record indicating which constituents have shown statistically significant changes from background levels, and notify the Director that this notice was placed in the operating record; and
(b) Must establish an assessment monitoring program meeting the requirements of paragraphs (20) through (33) of this Rule within 90 days except as provided for in subparagraph (23)(c) of this Rule.
(c) The owner/operator may demonstrate that a source other than a MSWLF unit caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A report documenting this demonstration must be certified by a qualified groundwater scientist or approved by the Director and be placed in the operating record. If a successful demonstration is made and documented, the owner or operator may continue detection monitoring as specified in paragraphs (22) and (23) of this Rule. If, after 90 days, a successful demonstration is not made, the owner or operator must initiate an assessment monitoring program as required in paragraphs (24) through (33) of this Rule.
(24) Assessment Monitoring Program. Assessment monitoring is required whenever a statistically significant increase over background has been detected for one or more of the constituents listed in Appendix I or in the alternative list approved in accordance with subparagraph (21)(b) of this Rule.
(25) Within 90 days of triggering an assessment monitoring program, and annually thereafter, the owner or operator must sample and analyze the groundwater for all constituents identified in Appendix II of this Rule. A minimum of one sample from each downgradient well must be collected and analyzed during each sampling event. For any constituent detected in the downgradient wells as the result of the complete Appendix II analysis, a minimum of four independent samples from each well (background and downgradient) must be collected and analyzed to establish background for the new constituents. The Director may specify an appropriate subset of wells to be sampled and analyzed for Appendix II constituents during assessment monitoring. The Director may delete any of the Appendix II monitoring parameters for a MSWLF unit if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit. Owners and operators of MSWLs and Commercial Industrial Landfills that will accept CCR after the effective date of the Rule must include Appendix IV in the assessment monitoring parameters before the initial receipt of CCR. MSWLs and Commercial Industrial Landfills that accepted CCR before the effective date of the Rule and with known releases must incorporate Appendix IV constituents into their monitoring plans by minor modification within 180 days from the effective date of the Rule.
(26) The Director may specify an appropriate alternate frequency for repeated sampling and analysis for the full set of Appendix II constituents required by paragraph (25) of this Rule, during the active life (including closure) and post-closure care of the unit considering the following factors:
(a) Lithology of the aquifer and unsaturated zone;
(b) Hydraulic conductivity of the aquifer and unsaturated zone;
(c) Groundwater flow rates;
(d) Minimum distance between upgradient edge of the MSWLF unit and downgradient monitoring well screen (minimum distance of travel);
(e) Resource value of the aquifer; and
(f) Nature (fate and transport) of any constituents detected in the response to this Rule.
(27) After obtaining the results from the initial or subsequent sampling events required in paragraph (25) of this Rule, the owner or operator must:
(a) Within 14 days, place a notice in the operating record identifying the Appendix II constituents that have been detected and notify the Director that this notice has been placed in the operating record;
(b) Within 90 days, and on at least a semiannual bas is thereafter, resample all wells specified by paragraph (8) of this Rule, conduct analyses for all constituents in Appendix I to this Rule or in the alternative list approved in accordance with subparagraph (21)(b) of this Rule and for those constituents in Appendix II to this Rule that are detected in response to paragraph (25) of this Rule, and record their concentrations in the facility operating record. At least one sample from each well (background and downgradient) must be collected and analyzed during these sampling events. The Director may specify an alternative monitoring frequency during the active life (including closure) and the post-closure care period for the constituents referred to in this paragraph. The alternative frequency for Appendix I constituents, or the alternative list approved in accordance with subparagraph (21)(b) of this Rule during the active life (including closure) shall be no less than annual. The alternative frequency shall be based on consideration of the factors specified in paragraph (26) of this Rule;
(c) Establish background concentrations for any constituents detected pursuant to paragraph (25) or subparagraph (27)(b) of this Rule; and
(d) Establish groundwater protection standards for all constituents detected pursuant to paragraph (25) or (27) of this Rule. The groundwater protection standards shall be established in accordance with paragraph (31) or (32) of this Rule.
(28) If the concentrations of all Appendix II constituents are shown to be at or below background values, using the statistical procedures in paragraph (18) of this Rule, for two consecutive sampling events, the owner or operator must notify the Director of this finding and may return to detection monitoring.
(29) If the concentrations of any Appendix II constituents are above background values, but all concentrations are below the groundwater protection standard established under paragraphs (31) or (32) of this Rule, using the statistical procedures in paragraph (18) of this Rule, the owner or operator must continue assessment monitoring in accordance with this section.
(30) If one or more Appendix II constituents are detected at statistically significant levels above the groundwater protection standard established under paragraph (31) or (32) of this Rule in any event, the owner or operator must, within 14 days of this finding, place a notice in the operating record identifying the Appendix II constituents have exceeded the groundwater protection standard and notify the Director and all appropriate local government officials that the notice has been placed in the operating record. The owner or operator also:
(a) Must characterize the nature and extent of the release by installing additional monitoring wells as necessary;
(b) If the point of compliance is not at the facility boundary, the owner/operator must install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with subparagraph (27)(b) of this Rule.
(c) Must notify all persons who own the land or reside on the land that directly over lies any part of the plume of contamination if contaminants have migrated off-site if indicated by sampling of wells in accordance with subparagraph (30)(a) of this Rule; and
(d) Must initiate an assessment of corrective measures as required by paragraphs (34) through (37) of this Rule within 90 days; or
(e) May demonstrate that a source other than a MSWLF unit caused the contamination, or that the SSI resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A report documenting this demonstration must be certified by a qualified groundwater scientist or approved by the Director and placed in the operating record. If a successful demonstration is made the owner or operator must continue monitoring in accordance with the assessment monitoring program pursuant to paragraphs (24) through (33) of this Rule and may return to detection monitoring if the Appendix II constituents are at or below background as specified in paragraph (28) of this Rule. Until a successful demonstration is made, the owner or operator must comply with subparagraph (30)(a) and (e), including initiating an assessment of corrective measures.
(31) The owner or operator must establish a groundwater protection standard for each Appendix II constituent detected in the groundwater. The groundwater protection standard shall be:
(a) For constituents for which a maximum contaminant level (MCL) has been promulgated under section 1412 of the Safe Drinking Water Act (codified) under 40 CFR part 141, the MCL for that constituent;
(b) For constituents for which MCLs have not been promulgated, the background concentration for the constituent established from wells in accordance with subparagraph (8)(a) of this Rule; or
(c) For constituents for which the background level is higher than the MCL identified under subparagraph (31)(a) of this Rule or health based levels identified under subparagraph (32)(a) of this Rule, the background concentration.
(32) The Director may establish an alternative groundwater protection standard for constituents for which MCLs have not been established. These groundwater protection standards shall be appropriate health based levels that satisfy the following criteria:
(a) The level is derived in a manner consistent with applicable state and federal guidelines for assessing the health risks of environmental pollutants (51 Fed. Reg. 33992, 34006, 34014, 34028; September 24, 1986).
(b) The level is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act Good Laboratory Practice Standards ( 40 CFR part 792) or equivalent;
(c) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level (due to continuous lifetime exposure) within the 1×10 -4 to 1×10-6 range; and
(d) For systemic toxicants, the level represents a concentration to which the human population (including sensitive subgroups) could be exposed to on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. For purposes of this paragraph, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.
(33) In establishing groundwater protection standards under paragraph (32) of this Rule, the Director may consider the following:
(a) Multiple contaminants in the groundwater;
(b) Exposure threats to sensitive environmental receptors; and
(c) Other site-specific exposure or potential exposure to groundwater.
(34) Assessment of Corrective Measures. Within 90 days of finding that any of the constituents listed in Appendix II have been detected at a statistically significant level exceeding the groundwater protection standards defined in paragraph (31) or (32) of this Rule, the owner or operator must initiate an assessment of corrective measures. Such an assessment must be completed within a reasonable period of time.
(35) The owner or operator must continue to monitor in accordance with the assessment monitoring program as specified in paragraphs (24) through (33) of this Rule.
(36) The assessment shall include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described in paragraphs (38) through (43) of this Rule addressing at least the following:
(a) The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross media impacts, and control of exposure to any residual contamination;
(b) The time required to begin and complete the remedy;
(c) The cost of remedy implementation; and
(d) Other environmental or public health requirements that may substantially affect implementation of the remedy(s).
(e) Local, state or federal permit requirements.
(37) The owner or operator must discuss the results of the corrective measures assessment, prior to the selection of remedy, in a public meeting with interested and affected parties.
(38) Selection of Remedy. Based on the results of the corrective measures assessment conducted under paragraphs (34) through (37) of this Rule, the owner or operator must select a remedy that, at a minimum, meets the standards listed in paragraph (39) of this Rule and develop a Corrective Action Plan (CAP) for implementation of the remedy. The owner or operator must notify the Director, within 14 days of selecting a remedy, that. The owner or operator must notify the Director, within 14 days of selecting a remedy, that a report describing the selected remedy has been placed in the operating record and how it meets the standards in paragraph (39) of this Rule.
(39) Remedies must:
(a) Be protective of human health and the environment;
(b) Attain the groundwater protection standard as specified pursuant to paragraph (31) or (32) of this Rule.
(c) Control the source(s) of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of Appendix II constituents into the environment that may pose a threat to human health or the environment; and
(d) Comply with standards for management of wastes as specified in paragraph (47) of this Rule.
(40) In selecting a remedy that meets the standards of paragraph (31) of this Rule, the owner or operators hall consider the following evaluation factors:
(a) The long- and short-term effectiveness and protectiveness of the potential remedy(s), along with the degree of certainty that the remedy will prove successful based on consideration of the following:
1. Magnitude of reduction of existing risks;
2. Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;
3. The type and degree of long-term management required, including monitoring, operation, and maintenance;
4. Short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and redisposal or containment;
5. Time until full protection is achieved;
6. Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, redisposal, or containment;
7. Long-term reliability of the engineering and institutional controls; and
8. Potential need for replacement of the remedy.
(b) The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors;
1. The extent to which containment practices will reduce further releases;
2. The extent to which treatment technologies may be used.
(c) The ease or difficulty of implementing a potential remedy(s) based on consideration of the following types of factors:
1. Degree of difficulty associated with construction the technology;
2. Expected operational reliability of the technologies;
3. Need to coordinate with and obtain necessary approvals and permits from other agencies;
4. Availability of necessary equipment and specialists; and
5. Available capacity and location of needed treatment, storage, and disposal services.
(d) Practicable capability of the owner or operator, including a consideration of the technical and economic capability.
(e) The degree to which community concerns are addressed by a potential remedy(s).
(41) The owner or operator shall specify as part of the selected remedy a schedule(s) for initiating and completing remedial activities. Such a schedule must require the initiation of remedial activities within a reasonable period of time taking into consideration the factors set forth in subparagraphs (41)(a) through(h) of this Rule. The owner or operator must consider the following factors in determining the schedule or remedial activities.
(a) Extent and nature of contamination;
(b) Practical capabilities of remedial technologies in achieving compliance with groundwater protection standards established in paragraph (31) or (32) of this Rule and other objectives of the remedy;
(c) Availability of treatment or disposal capacity for wastes managed during implementation of the remedy;
(d) Desirability of utilizing technologies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives.
(e) Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy;
(f) Resource value of the aquifer including:
1. Current and future uses;
2. Proximity and withdrawal rate of users;
3. Groundwater quantity and quality;
4. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;
5. The hydrologic characteristic of the facility and surrounding land;
6. Groundwater removal and treatment costs; and
7. The cost and availability of alternative water supplies.
(g) Practicable capability of the owner or operator.
(h) Other relevant factors.
(42) The Director may determine that remediation of a release of an Appendix II constituent from a MSWLF unit is not necessary if the owner or operator demonstrates to the satisfaction of the Director that:
(a) The groundwater is additionally contaminated by substances that have originated from a source other than a MSWLF unit and those substances are present in concentrations such that cleanup of the release from the MSWLF unit would provide no significant reduction in risk to actual or potential receptors; or
(b) The constituent(s) is present in groundwater that:
1. Is not currently or reasonably expected to be a source of drinking water; and
2. Is not hydraulically connected with waters to which the hazardous constituents are migrating or are likely to migrate in a concentration(s) that would exceed the groundwater protection standards established under paragraph (31) or (32) of this Rule; or
(c) Remediation of the release(s) is technically impracticable; or
(d) Remediation results in unacceptable cross-media impacts.
(43) A determination by the Director pursuant to paragraph (42) of this Rule shall not affect the authority of the state to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and significantly reduce threats to human or the environment.
(44) Implementation of the Corrective Action Program. Based on the schedule established under paragraph (41) of this Rule for initiation and completion of remedial activities, the owner or operator must:
(a) Establish and implement a corrective action groundwater monitoring program that;
1. At a minimum, meets the requirements of an assessment monitoring program under paragraphs (24) through (33) of this Rule;
2. Indicates the effectiveness of the corrective action remedy; and
3. Demonstrates compliance with groundwater protection standard pursuant to paragraph (48) of this Rule.
(b) Implement the corrective action remedy selected under paragraphs (38) through (43) of this Rule; and
(c) Take any interim measures necessary to ensure the protection of human health and the environment. Interim measures should, to the greatest extent practicable, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to paragraphs (28) through (43) of this Rule. The following factors must be considered by an owner or operator in determining whether interim measures are necessary.
1. Time required to develop and implement a final remedy;
2. Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;
3. Actual or potential contamination of drinking water supplies or sensitive ecosystems;
4. Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;
5. Weather conditions that may cause hazardous constituents to migrate or be released;
6. Risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and
7. Other situations that may pose threats to human health and the environment.
(45) An owner or operator may determine, based on information developed after implementation of the remedy has begun or other information, that compliance with requirements paragraph (31) of this Rule are not being achieved through the remedy selected. In such cases, the owner or operator must implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under paragraph (46) of this Rule.
(46) If the owner or operator determines that compliance with requirements under paragraph (31) of this Rule cannot be practically achieved with any currently available methods, the owner or operator must:
(a) Obtain certification of a qualified groundwater scientist or approval by the Director that compliance with requirements under paragraph (31) of this Rule cannot be practically achieved with any currently available methods;
(b) Implement alternate measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment; and
(c) Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:
1. Technically practicable; and
2. Consistent with the overall objective of the remedy.
(d) Notify the Director within 14 days that a report justifying the alternative measures prior to implementing the alternative measures has been placed in the operating record.
(47) All solid wastes that are managed pursuant to a remedy required in paragraphs (38) through (43) of this Rule, or an interim measure required in paragraph (44)(c) of this Rule, shall be managed in a manner:
(a) That is protective of human health and the environment; and
(b) That complies with applicable state Solid and Hazardous Waste Management Rules and federal Solid and Hazardous Waste Management Rules.
(48) Remedies selected pursuant to paragraphs (38) through (43) of this Rule shall be considered complete when:
(a) The owner or operator complies with the groundwater protection standards established under paragraph (31) or (32) of this Rule at all points within the plume of contamination that lie beyond the groundwater monitoring well system established under paragraph (8) of this Rule.
(b) Compliance with the groundwater protection standards established in paragraph (30) or (31) of this Rule has been achieved by demonstrating that concentrations of Appendix II constituents have not exceeded the groundwater protection standard(s) for a period of three consecutive years using the statistical procedures and performance standards in paragraphs (18) and (19) of this Rule. The Director may specify an alternative length of time during which the owner or operator must demonstrate that concentrations of Appendix II constituents have not exceeded the groundwater protection standard(s) taking into consideration:
1. Extent and concentration of the release(s);
2. Behavior characteristics of the hazardous constituents in the groundwater;
3. Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy; and
4. Characteristics of the groundwater.
(c) All actions required to complete the remedy have been satisfied.
(49) Upon completion of the remedy, the owner or operator must notify the Director within 14 days that a certification that the remedy has been completed in compliance with the requirements of paragraph (48) of this Rule has been placed in the operating record. The certification must be signed by the owner or operator and by a professional geologist, geotechnical or professional engineer registered to practice in Georgia and approved by the Director.
(50) When upon completion of the certification, the owner or operator determines that the corrective action remedy has been completed in accordance with the requirements in paragraph (48) of this Rule, the owner or operator shall be released from the requirements for financial assurance for corrective action under Rule 391-3-4-.13.
O.C.G.A. §
12-8-20 et seq., as amended.
