Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS
Section 11-264-99 - Compliance monitoring program

Universal Citation: HI Admin Rules 11-264-99

Current through February, 2024

An owner or operator required to establish a compliance monitoring program under this subchapter must, at a minimum, discharge the following responsibilities:

(a) The owner or operator must monitor the ground water to determine whether regulated units are in compliance with the ground-water protection standard under section 11-264-92. The director will specify the ground-water protection standard in the facility permit, including:

(1) A list of the hazardous constituents identified under section 11-264-93;

(2) Concentration limits under section 11-264-94 for each of those hazardous constituents;

(3) The compliance point under section 11-264-95; and

(4) The compliance period under section 11-264-96.

(b) The owner or operator must install a ground-water monitoring system at the compliance point as specified under section 11-264-95. The ground-water monitoring system must comply with paragraph 11-264-97(a)(2) and subsections 11-264-97(b) and (c).

(c) The director will specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with subsections 11-264-97(g) and (h).

(1) The owner or operator must conduct a sampling program for each chemical parameter or hazardous constituent in accordance with subsection 11-264-97(g).

(2) The owner or operator must record ground-water analytical data as measured and in form necessary for the determination of statistical significance under subsection 11-264-97(h) for the compliance period of the facility.

(d) The owner or operator must determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the permit, pursuant to subsection (a), at a frequency specified under subsection (f).

(1) In determining whether statistically significant evidence of increased contamination exists, the owner or operator must use the method(s) specified in the permit under subsection 11-264-97(h). The method(s) must compare data collected at the compliance point(s) to a concentration limit developed in accordance with section 11-264-94.

(2) The owner or operator must determine whether there is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a reasonable time period after completion of sampling. The director will specify that time period in the facility permit, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground-water samples.

(e) The owner or operator must determine the ground-water flow rate and direction in the uppermost aquifer at least annually.

(f) The director will specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with subsection 11-264-97(g). A sequence of at least four samples from each well (background and compliance wells) must be collected at least semi-annually during the compliance period of the facility.

(g) The owner or operator must analyze samples from all monitoring wells at the compliance point for all constituents contained in Appendix IX of chapter 11-264 at least annually to determine whether additional hazardous constituents are present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in subsection 11-264-98(f). If the owner or operator finds Appendix IX constituents in the ground water that are not already identified in the permit as monitoring constituents, the owner or operator may resample within one month and repeat the Appendix IX analysis. If the second analysis confirms the presence of new constituents, the owner or operator must report the concentration of these additional constituents to the director within seven days after the completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then he or she must report the concentrations of these additional constituents to the director within seven days after completion of the initial analysis and add them to the monitoring list.

(h) If the owner or operator determines pursuant to subsection (d) that any concentration limits under section 11-264-94 are being exceeded at any monitoring well at the point of compliance he or she must:

(1) Notify the director of this finding in writing within seven days. The notification must indicate what concentration limits have been exceeded.

(2) Submit to the director an application for a permit modification to establish a corrective action program meeting the requirements of section 11-264-100 within one hundred and eighty days, or within ninety days if an engineering feasibility study has been previously submitted to the director under paragraph 11-264-98(h)(5). The application must at a minimum include the following information:

(i) A detailed description of corrective actions that will achieve compliance with the ground water protection standard specified in the permit under subsection (a); and

(ii) A plan for a ground-water monitoring program that will demonstrate the effectiveness of the corrective action. Such a ground-water monitoring program may be based on a compliance monitoring program developed to meet the requirements of this section.

(i) If the owner or operator determines, pursuant to subsection (d), that the ground-water concentration limits under this section are being exceeded at any monitoring well at the point of compliance, he or she may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. In making a demonstration under this subsection, the owner or operator must:

(1) Notify the director in writing within seven days that he intends to make a demonstration under this subsection;

(2) Within ninety days, submit a report to the director which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling, analysis, or evaluation;

(3) Within ninety days, submit to the director an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility; and

(4) Continue to monitor in accord with the compliance monitoring program established under this section.

(j) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this section, he must, within ninety days, submit an application for a permit modification to make any appropriate changes to the program.

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