Current through Register Vol. 48, No. 38, September 20, 2024
a)
The owner or operator of a CCR surface impoundment must conduct groundwater
monitoring consistent with this Section. At a minimum, groundwater monitoring
must include groundwater monitoring for all constituents with a groundwater
protection standard in Section 845.600(a), calcium, and turbidity. The owner or
operator of the CCR surface impoundment must submit a groundwater monitoring
plan to the Agency with its operating permit application.
b) Monitoring Frequency
1) The monitoring frequency for all
constituents with a groundwater protection standard in Section 845.600(a),
calcium, and turbidity must be at least quarterly during the active life of the
CCR surface impoundment and the post-closure care period or period specified in
Section 845.740(b) when closure is by removal except as allowed in subsection
(b)(4).
A) For existing CCR surface
impoundments, a minimum of eight independent samples from each background and
downgradient well must be collected and analyzed for all constituents with a
groundwater protection standard listed in Section 845.600(a), calcium, and
turbidity within 180 days after April 21, 2021.
B) For new CCR surface impoundments, and all
lateral expansions of CCR surface impoundments, a minimum of eight independent
samples for each background well and downgradient well must be collected and
analyzed for all constituents with a groundwater protection standard listed in
Section 845.600(a), calcium, and turbidity during the first 180 days of
sampling.
2) The
groundwater elevation monitoring frequency must be monthly.
3) Measurement of water elevation within the
CCR surface impoundment must be conducted each time the groundwater elevations
are measured (see subsection 845.650(b)(2)) before dewatering for
closure.
4) After completion of
five years of monitoring under this Part, the owner or operator of a CCR
surface impoundment may ask the Agency for approval of a semiannual monitoring
frequency by demonstrating all of the following:
A) The groundwater monitoring effectiveness
will not be compromised by the reduced frequency of monitoring;
B) Sufficient data has been collected to
characterize groundwater;
C) The
groundwater monitoring schedule currently does not show any statistically
significant increasing trends; and
D) The concentrations of constituents
monitored under Section 845.650(a) at the down-gradient monitoring wells are
below the applicable groundwater protection standards of Section
845.600.
5) If, after an
Agency approval of a semiannual monitoring frequency under subsection (b)(4), a
statistically significant increasing trend is detected or an exceedance above
the GWPS is detected, the monitoring must revert to a quarterly
frequency.
c) The number
of samples collected and analyzed for each background well and downgradient
well during subsequent quarterly sampling events must be consistent with
Section 845.640 and must account for any unique characteristics of the site;
but must include at least one sample from each background and downgradient
well.
d) If one or more
constituents are detected, and confirmed by an immediate resample, to be in
exceedance of the groundwater protection standards in Section 845.600 in any
sampling event, the owner or operator must notify the Agency which constituent
exceeded the groundwater protection standard and place the notification in the
facility's operating record as required by Section 845.800(d)(16). The owner or
operator of the CCR surface impoundment also must:
1) Characterize the nature and extent of the
release and any relevant site conditions that may affect the remedy ultimately
selected. The characterization must be sufficient to support a complete and
accurate assessment of the corrective measures necessary to effectively clean
up all releases from the CCR surface impoundment under Section 845.660. The
owner or operator of the CCR surface impoundment must submit the
characterization to the Agency and place the characterization in the facility's
operating record as required by Section 845.800(d)(16). Characterization of the
release includes the following minimum measures:
A) Install additional monitoring wells
necessary to define the contaminant plumes;
B) Collect data on the nature and estimated
quantity of material released, including specific information on the
constituents listed in Section 845.600 and the levels at which they are present
in the material released;
C)
Install at least one additional monitoring well at the facility boundary in the
direction of contaminant migration and sample this well in accordance with
subsections (a) and (b); and
D)
Sample all wells in accordance with subsections (a) and (b) to characterize the
nature and extent of the release.
2) Notify all persons who own the land or
reside on the land that directly overlies any part of the plume of
contamination if contaminants have migrated off-site as indicated by sampling
of wells in accordance with subsection (d)(1). The owner or operator must send
notifications made under this subsection (d)(2) to the Agency and place the
notifications in the facility's operating record (see Section
845.800(d)(16)).
3) Except as
provided in subsection (e), within 90 days after the detected exceedance of the
groundwater protection standard, initiate an assessment of corrective measures
(see Section 845.660).
e) Alternative Source Demonstration (ASD).
The owner or operator of a CCR surface impoundment may, within 60 days after
the detected exceedance of the groundwater protection standard, submit a
demonstration to the Agency that a source other than the CCR surface
impoundment caused the contamination and the CCR surface impoundment did not
contribute to the contamination, or that the exceedance of the groundwater
protection standard resulted from error in sampling, analysis, statistical
evaluation, natural variation in groundwater quality, or a change in the
potentiometric surface and groundwater flow direction. Either type of ASD must
include a report that contains the factual or evidentiary basis for any
conclusions and a certification of accuracy by a qualified professional
engineer.
1) The owner or operator must place
the ASD on the facility's publicly accessible Internet site (CCR website) under
Section 845.810 within 24 hours after the submission to the Agency.
2) Within two business days after receiving
the ASD, the Agency must email a notice to its listserv for the facility that
the ASD is available to view on the facility's CCR website.
3) Members of the public may submit to the
Agency written comments on the ASD within 14 days after the Agency provides
notice under subsection (e)(2).
4)
The Agency must provide a written response to the owner and operator either
concurring or not concurring with the ASD within 30 days after receiving the
ASD. The Agency must also mail or email its response to each person who timely
submitted a written public comment under subsection (e)(3) and supplied a
mailing or email address.
5) If the
Agency concurs with the ASD, the owner or operator must continue monitoring as
required by this Section. The owner or operator must also include the ASD in
the annual groundwater monitoring and corrective action report required by
Section 845.610(e).
6) If the
Agency does not concur with the ASD, the owner or operator must initiate the
assessment of corrective measures under Section 845.660.
7) If the Agency does not concur with the
ASD, the owner or operator may petition the Board for review of the Agency's
non-concurrence under 35 Ill. Adm. Code 105. The filing of a petition for
review under subsection (e)(7) does not automatically stay any requirements of
this Part as to the owner or operator, including the 90-day deadline to
initiate an assessment of corrective measures (see Section
845.660(a)(1)).
