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. 7.
(a) A
detection ground water monitoring program that satisfies the following
requirements is required for all MSWLFs:
(1)
Within the six (6) months following the scheduled date of compliance that is
specified in section 1(a) of this rule, a minimum of four (4) independent
background samples from each approved ground water monitoring well must be
collected and analyzed for the constituents listed in section 15(a) of this
rule (Table 1A). If a background data base, comprising data from every
monitoring well approved by the commissioner and every constituent listed in
section 15(a) of this rule (Table 1A), has been previously established, then
additional independent samples are not required for the purpose of establishing
background.
(2) Any ground water
monitoring well installed after the scheduled date of compliance specified in
section 1(a) of this rule and designated for detection monitoring must have
minimum number of independent samples collected and analyzed for the
constituents listed in section 15(a) of this rule (Table 1A). The minimum
number of independent samples must satisfy the chosen statistical procedures
and performance standards under section 6 of this rule.
(3) Subsequent sampling events during the
active life, closure, and post-closure periods of the MSWLF must include the
collection and analysis of at least one (1) independent sample from each
approved ground water monitoring well. These samples must be analyzed for all
constituents in section 15 of this rule (Table 1A and Table 1B). The detection
monitoring frequency must be at least semiannual during the active life,
closure, and post-closure periods.
(4) The commissioner may specify an
alternative frequency for detection monitoring that must comply with the
following:
(A) The alternative frequency must
be no less than annual.
(B) The
alternative frequency must be based on consideration of the following factors:
(i) Sedimentology of the aquifer and
unsaturated zone.
(ii) Hydraulic
conductivity of the aquifer and unsaturated zone.
(iii) Ground water flow rates.
(iv) Minimum distance between the upgradient
permitted solid waste boundary and the downgradient ground water monitoring
well screen.
(v) Resource value of
the aquifer.
(vi) The fate and mode
of transport of any constituents detected in response to detection
monitoring.
(vii) Constituent
concentrations recorded at the date of alternative frequency
selection.
(5) The owner, operator, or permittee must
determine, based on the results of sample collection and analysis performed in
accordance with this subsection, whether any statistically significant increase
in concentration has occurred for any constituent listed in section 15(a) of
this rule (Table 1A). In order to make this determination, the owner, operator,
or permittee must compare the samples to:
(A)
background ground water quality;
(B) a ground water protection standard that
has been established from a previous assessment ground water monitoring program
conducted under section 10 of this rule; or
(C) a ground water protection standard that
was established under 329 IAC 2-16-10, which was repealed in 1996.
(b) If a preliminary
exceedance in a constituent concentration has been determined, through ground
water detection monitoring performed in accordance with subsection (a), the
owner, operator, or permittee must accomplish the following:
(1) Notify the commissioner within fourteen
(14) days of the determination. The notification must include the following:
(A) Those constituents listed in section
15(a) of this rule (Table 1A) for which a preliminary exceedance in
concentration has been observed and the last recorded concentration for each of
those constituents.
(B) The
identification of each ground water monitoring well where a preliminary
exceedance was observed.
(C)
Whether verification procedures and sampling as described under section 8 of
this rule will be pursued.
(2) Establish, within ninety (90) days of
determination of a statistically significant increase, an assessment ground
water monitoring program that meets the requirements of section 10 of this rule
unless the owner, operator, or permittee chooses:
(A) to institute a verification program,
pursuant to section 8 of this rule; or
(B) to demonstrate, pursuant to section 9 of
this rule.
(c) A corrective action program may be
required during a detection monitoring program if a preliminary exceedance is
verified and is attributable to the MSWLF and is an increase over either of the
following:
(1) A ground water protection
standard that has been established from a previous assessment ground water
monitoring program conducted under section 10 of this rule.
(2) A ground water protection standard that
was established under 329 IAC 2-16-10, which was repealed in 1996, for any
constituent listed in section 15(a) of this rule (Table 1A).
(d) If, pursuant to subsection
(c), the commissioner determines that a corrective action program is necessary,
the owner, operator, or permittee must notify all pertinent local government
officials, including the county commissioner, officials of the solid waste
management district, and the county health department, of this
determination.
(e) If the field pH
for any ground water sample obtained at the monitoring boundary is determined
to be above ten (10) or below five (5) standard pH units, the owner, operator,
or permittee shall:
(1) within fourteen (14)
days of the determination, notify the commissioner, in writing, of the identity
of the ground water monitoring well or wells whose samples indicated an
anomalous pH level, and of the corresponding pH values of those samples;
and
(2) within sixty (60) days of
the determination, submit a written report explaining the anomalous pH values
to the commissioner. After reviewing the report, the commissioner may determine
that an assessment ground water monitoring program, described under section 10
of this rule, is necessary.
(f) During detection monitoring, if arsenic
(dissolved) is determined to exceed the MCL or, if established, the ground
water protection standard for arsenic for any ground water sample obtained at
the monitoring boundary, the owner, operator, or permittee shall notify the
commissioner in writing within fourteen (14) days of the determination. The
notification must include the following:
(1)
The identification of each ground water monitoring well where samples indicated
a concentration greater than the MCL or, if established, the ground water
protection standard for arsenic.
(2) And, whether:
(A) assessment monitoring and corrective
action programs under sections 10 and 13 of this rule [sections 10 and
13 of this rule] are to be initiated; or
(B) a demonstration, as described under
section 9 of this rule, will be pursued while maintaining a detection
monitoring program.
