Current through March 20, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-20; IC 36-9-30
Sec. 10.
(a)
Establishment of an assessment ground water monitoring program is required upon
any of the following circumstances:
(1) When
the owner, operator, or permittee has verified that a statistically significant
increase over background levels has occurred for any constituent listed in
section 15(a) of this rule (Table 1A) at any ground water monitoring well at
the monitoring boundary of the MSWLF unit, and a demonstration pursuant to
section 9 of this rule has not been approved by the commissioner.
(2) When the owner, operator, or permittee is
engaged in a corrective action program specified under section 13 of this
rule.
(3) When the owner, operator,
or permittee of an existing MSWLF is conducting, as of April 13, 1996, a Phase
II ground water monitoring program as specified under 329 IAC 2-16, which was
repealed in 1996.
(b)
The owner, operator, or permittee shall conduct an assessment ground water
monitoring program in accordance with the following requirements:
(1) Within ninety (90) days after determining
that the owner, operator, or permittee of an MSWLF must conduct assessment
ground water monitoring, all ground water monitoring wells containing
constituents with statistically significant elevated concentrations, and all
ground water monitoring wells within six hundred (600) feet of the well with
the statistically significant elevated concentrations and monitoring the same
hydrogeologic unit of the well with the elevated concentrations, must be
sampled and analyzed for all constituents listed in section 16 of this rule
(Table 2). The commissioner may require samples to be collected and analyzed
from additional monitoring wells.
(2) Within fourteen (14) days after receiving
certified laboratory results from the final sampling conducted under
subdivision (1), the owner, operator, or permittee shall submit to the
commissioner written notification of the following information for any
constituent listed in section 16 of this rule (Table 2) that is detected:
(A) The identity and recorded concentration
of the constituent.
(B) The
identity of each ground water monitoring well where the constituent was
detected.
(3) A copy of
the notification required under subdivision (2) and a copy of the certified
laboratory results must be placed in the operating record within thirty (30)
days of receiving the original certified laboratory results.
(4) The owner, operator, or permittee shall
collect and analyze a minimum of four (4) independent samples from each ground
water monitoring well identified in subdivision (2) in order to establish
background ground water quality. Certified laboratory analyses of the
independent ground water samples must be submitted to the commissioner no later
than thirty (30) days prior to the next scheduled semiannual sampling
event.
(5) The owner, operator, or
permittee shall establish a ground water protection standard as described in
section 11 of this rule for any constituent that has been detected in ground
water samples collected under subdivision (1).
(6) The owner, operator, or permittee shall,
during subsequent sampling events, collect at least one (1) independent sample
from each ground water monitoring well designated to be in an assessment
monitoring program as identified in subdivision (2)(B). Each independent sample
must be analyzed for all constituents detected and identified in subdivision
(2)(A).
(c) For sampling
events during assessment ground water monitoring, the commissioner may do the
following:
(1) Specify an appropriate subset
of ground water monitoring wells to sample and analyze for constituents in
section 16 of this rule (Table 2).
(2) Specify a constituent or constituents
from section 16 of this rule (Table 2) that may be deleted from the constituent
monitoring list upon demonstration by the owner, operator, or permittee that
the constituent to be deleted is:
(A) not
reasonably expected to be in the solid waste;
(B) not derived from the solid
waste;
(C) naturally occurring in
the soil that underlies the site and would be soluble in ground water at the
detected levels, even in the absence of the MSWLF unit; and
(D) not a constituent of concern based on
historical ground water quality.
(3) Specify a constituent or constituents
that may be added to the assessment monitoring constituent list, based on
historical ground water quality, analysis of leachate derived from the MSWLF,
wastes placed in the MSWLF unit.
(4) Specify an alternate frequency for
repeated sampling and analysis of the ground water for the full set of
constituents in section 16 of this rule (Table 2). The sampling frequency for
constituents in section 15 (Table 1A and Table 1B) may be altered, provided it
is at least an annual frequency. The alternate frequency must continue
throughout the active life, closure, and post-closure care periods of the
MSWLF. The alternate frequency must be based on consideration of the following
factors:
(A) Sedimentology of the aquifer and
unsaturated zone.
(B) Hydraulic
conductivity of the aquifer and unsaturated zone.
(C) Ground water flow rates.
(D) Minimum distance between upgradient solid
waste boundary of the MSWLF unit and downgradient monitoring well
screen.
(E) Resource value of the
aquifer.
(F) The fate of any
constituents detected.
(G) The mode
of transport of any detected constituents.
(H) Ground water quality data.
(I) Other information as required by the
commissioner for the demonstration.
(d) After establishing background ground
water quality described in subsection (b)(4), subsequent semiannual sampling
events must include the following:
(1) At
least one (1) independent sample from all the ground water monitoring wells
that are included in both detection and assessment ground water monitoring
programs and any other monitoring wells specified by the
commissioner.
(2) Analysis for all
constituents included in both detection and assessment ground water monitoring
programs.
(3) Determination if
there is a verified statistically significant increase for all constituents
identified in subdivision (2). The determination shall be in accordance with
section 6 of this rule and subsection (f).
(4) Submittal of the information required in
section 1(s) of this rule.
(e) Starting from the date that an assessment
ground water monitoring program is required, ground water samples must be
collected and analyzed for all constituents in section 16 of this rule (Table
2) on an annual basis, or at an alternate frequency specified by the
commissioner. Samples for assessment monitoring must be collected from each
ground water monitoring well identified in subsection (b)(2)(B). For these
sampling events, the owner, operator, or permittee shall:
(1) submit written notification as described
in subsection (b)(2);
(2) establish
background ground water quality as described in subsection (b)(4) for any
constituent that has been detected in ground water samples collected during
each sampling event;
(3) establish
a ground water protection standard as described in section 11 of this rule for
any constituent that has been detected in ground water samples collected during
the sampling event;
(4) for
subsequent sampling events following the sampling event required under this
section, include sampling for all constituents listed in subsection (b)(2)(A);
and
(5) include the sampling event
in the assessment monitoring sample event schedule.
(f) During assessment ground water
monitoring, the owner, operator, or permittee shall proceed according to the
following:
(1) If the concentration of a
constituent listed in section 16 of this rule (Table 2) is determined to be
less than or equal to background ground water quality, for two (2) consecutive
semiannual sampling events, then the owner, operator, or permittee may request
from the commissioner permission to remove the constituent from the assessment
monitoring list. When the concentrations of all constituents listed in section
16 of this rule (Table 2) are determined to be less than or equal to background
ground water quality, for two (2) consecutive semiannual sampling events, then
the owner, operator, or permittee may request from the commissioner permission
to return to a detection monitoring program.
(2) If the concentration of any constituent
listed in section 16 of this rule (Table 2) is determined to be a statistically
significant increase over background ground water quality, but below the ground
water protection standard established in section 11 of this rule, then
assessment ground water monitoring must continue in accordance with this
section.
(3) If a statistically
significant increase above the ground water protection standard is determined
for any constituent listed in section 16 of this rule (Table 2), the owner,
operator, or permittee shall perform the following:
(A) Notify the commissioner within fourteen
(14) days of this determination. The notification to the commissioner must
include the following information:
(i) A list
of all constituents in section 16 of this rule (Table 2) that have a
statistically significant increase above the ground water protection standard
established under section 11 of this rule.
(ii) The identification of each ground water
monitoring well from which samples indicated a statistically significant
increase.
(iii) Whether or not the
owner, operator, or permittee intends to institute verification procedures and
resampling as described under section 8 of this rule.
(B) In the event that a corrective action
program is to be implemented, notify all pertinent local officials, including
the county commissioner, and officials of the solid waste management district
and the county health department.
(C) Within ninety (90) days of a
determination under this subdivision, submit to the commissioner an initial
proposal for a corrective action program that is designed to meet the
requirements of section 13(b) of this rule unless the owner, operator, or
permittee chooses to:
(i) institute a
verification resampling program described in section 8 of this rule;
or
(ii) submit a demonstration
pursuant to section 9 of this rule.
(D) Remain in an assessment ground water
monitoring program, which the commissioner may modify.
(g) During assessment ground water
monitoring, whenever the concentration of a secondary constituent identified in
section 11(c) of this rule is found to exceed levels that are twice the ground
water protection standard at the monitoring boundary, as established in section
11 of this rule, the owner, operator, or permittee shall perform the following:
(1) Notify the commissioner within fourteen
(14) days of the finding. This notification must include the following
information:
(A) The identity and most recent
concentration of any secondary constituent found to have the excessive
levels.
(B) The identification of
each ground water monitoring well found to have excessive levels of a secondary
constituent.
(C) Whether
verification resampling, as described under section 8 of this rule, will be
initiated.
(2) Submit,
if so directed by the commissioner, a proposal for a corrective action program.
The proposal must be submitted within ninety (90) days after receiving
notification from the commissioner that the proposal is required and must be in
accordance with the requirements of section 13(b) of this rule, provided the
owner, operator, or permittee:
(A) does not
institute a verification resampling program pursuant to section 8 of this rule;
and
(B) does not choose to submit a
demonstration pursuant to section 9 of this rule.
(3) Remain in an assessment ground water
monitoring program, which the commissioner may modify.
(h) If it is determined that the MSWLF is the
cause of concentrations exceeding the secondary maximum contaminant levels
established for chloride, sulfate, and total dissolved solids at the real
property boundary of the MSWLF, then the owner, operator, or permittee may be
required to establish a corrective action program under section 13 of this rule
to ensure that the elevated concentrations do not go beyond the real property
boundary.
(i) For sampling events
during assessment ground water monitoring, the commissioner may require that
any of the constituents identified in Table 3 under section 17 of this rule
[section 17 of this rule] be added to the assessment
monitoring list based on wastes placed in the MSWLF unit, historical ground
water quality, or geologic setting. Any constituent included in sampling from
Table 3 must comply with all sections of this rule regarding statistical
evaluation, establishment, and exceedance of the ground water protection
standards.
