Current through Register Vol. 43, No. 52, December 26, 2024
(a) The
requirements in this regulation shall apply to all MSWLF units, except as
provided in subsection (b).
(b)
Groundwater monitoring requirements may be suspended by the department for a
MSWLF unit if the owner or operator demonstrates 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 shall be certified by a qualified groundwater scientist and
approved by the department, and shall be based upon:
(1) site-specific field-collected
measurements, sampling, and analysis of physical, chemical, and biological
processes affecting contaminant fate and transport; and
(2) contaminant fate and transport
predictions that maximize contaminant migration and consider impacts on human
health and environment.
(3) For
the purposes of K.A.R. 28-29-111 and K.A.R. 28-29-112, "hazardous constituent"
means all constituents listed in appendix I and appendix II of K.A.R.
28-29-113.
(c) Each
owner or operator of a MSWLF unit shall comply with the groundwater monitoring
requirements of this part according to the following schedule.
(1) Each existing MSWLF unit or lateral
expansion less than or equal to one mile from a drinking water intake, surface
or subsurface shall be in compliance with applicable groundwater monitoring
requirements in K.A.R. 28-29-111 through K.A.R. 28-29-114 by October 9, 1994.
(2) Each existing MSWLF unit or
lateral expansion greater than one mile but less than or equal to two miles
from a drinking water intake, surface or subsurface, shall be in compliance
with applicable groundwater monitoring requirements in K.A.R. 28-29-111 through
K.A.R. 28-29-114 by October 9, 1995.
(3) Each existing MSWLF unit or lateral
expansion greater than two miles from a drinking water intake, surface or
subsurface, shall be in compliance with the groundwater monitoring requirements
in K.A.R. 28-29-111 through K.A.R. 28-29-114 by October 9, 1996.
(4) Each MSWLF unit which meets the
requirements of K.A.R. 28-29-103(a) and is less than or equal to two miles from
a drinking water intake, surface or subsurface, shall be in compliance with
applicable groundwater monitoring requirements in K.A.R. 28-29-111 through
K.A.R. 28-29-114 by October 9, 1995.
(5) Each MSWLF unit which meets the
requirements of K.A.R. 28-29-103(a) and is greater than two miles from a
drinking water intake, surface or subsurface, shall be in compliance with the
groundwater monitoring requirements in K.A.R. 28-29-111 through K.A.R.
28-29-114 by October 9, 1996.
(6)
Each new MSWLF unit except those meeting the requirements of K.A.R.
28-29-103(a), shall be in compliance with the groundwater monitoring
requirements specified in subsection (f) before waste may be placed in the
unit.
(d) Once a MSWLF
unit has been established, groundwater monitoring shall be conducted throughout
the active life and post-closure care period of that MSWLF unit.
(e) For the purposes of K.A.R. 28-29-100
through K.A.R. 28-29-121, a "qualified groundwater scientist" means a scientist
or engineer who has received a baccalaureate or post-graduate degree in the
natural sciences or engineering and has sufficient training and experience in
groundwater hydrology and related fields. Sufficient training may be
demonstrated by state registration, professional certifications, or completion
of accredited university programs that enable that individual to make sound
professional judgements regarding groundwater monitoring, contaminant fate and
transport, and corrective action.
(f) Groundwater monitoring systems.
(1) A groundwater monitoring system shall be
installed that consists of a sufficient number of wells, installed at
appropriate locations and depths, to yield groundwater samples from the
uppermost aquifer that:
(A) represent the
quality of background groundwater that has not been affected by leakage from a
unit; and
(B) represent the
quality of groundwater passing the point of compliance.
(2) The owner or operator shall maintain
records that, at a minimum include the following:
(A) exact well three-dimensional location;
(D) the design and construction practice used
in well installation; and
(E) well
and screen depths.
(3)
The monitoring wells, piezometers, and other measurement, sampling, and
analytical devices shall be operated and maintained so that they perform to
design specifications throughout the life of the monitoring program. The owner
or operator shall maintain wells to operate throughout the design period of the
landfill.
(4) Standards for the
location of monitoring points in the detection monitoring system.
(A) Each monitoring well shall be located in
a stratigraphic horizon that could serve as a contaminate migration pathways.
(B) Lateral distance from the
unit.
(i) For new units, each monitoring well
shall be established at a lateral distance not greater than 150 meters (492
feet) from the planned edge of the unit. Each well shall be located on the
owner's or operator's property, and shall be at least 15.24 meters (50 feet)
from the property boundary. The requirements of paragraph (f)(4)(B)(i) shall
not apply to vertical expansions or existing units that are in operation on
October 9, 1996.
(ii) For existing
units, each monitoring well shall be established at a lateral distance not
greater than 150 meters (492 feet) from the planned edge of the unit, and shall
be located on the owner's or operator's property.
(C) The number, spacing, and depths of
monitoring wells shall be:
(i) determined
based upon site-specific technical information gathered from the hydrogeologic
investigation conducted pursuant to K.A.R. 28-29-104(b); and
(ii) certified by a qualified groundwater
scientist.
(D) The
network of monitoring points of several potential sources of discharge within a
single facility may be combined into a single monitoring network, provided that
discharges from any part of all potential sources can be detected. The
following information shall be provided by the owner or operator as requested
by the department for use in evaluating an owner's or operator's proposal for a
multi-unit monitoring system:
(i) number,
spacing, and orientation of each MSWLF unit;
(ii) hydrogeologic setting;
(iv) engineering design of each MSWLF unit;
and
(v) type of waste accepted at
each MSWLF unit.
(5) Well construction standards.
(A) Each monitoring well shall be constructed
in accordance with K.A.R. 28-30-6.
(B) Each monitoring well shall be cased with
inert materials that will not affect the water sample. Casing requiring
solvent-cement type couplings shall not be used.
(C) Each well shall be screened to allow
sampling only at the desired interval. The slot size of the screen and filter
pack shall be designed to minimize turbidity. Screens shall be fabricated from
material expected to be inert with respect to the constituents of the
groundwater to be sampled.
(D)
Each well shall be equipped with a device to protect against tampering and
damage.
(E) Each well shall be
developed to allow free entry of water and minimize turbidity of the sample.
(F) The transmissivity of the zone
surrounding each well screen shall be established by field-testing techniques.
