Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 7 - GROUND WATER MONITORING AND REMEDIAL ACTION
Section 132-7-004 - Detection Monitoring Program
Universal Citation: 132 NE Admin Rules and Regs ch 7 ยง 004
Current through March 20, 2024
004.01 Detection monitoring is required at all solid waste disposal areas mentioned in section 001. All ground water monitoring must occur pursuant to 002.01A and 002.01B of this chapter.
004.01A At a minimum, a
detection monitoring program shall include the monitoring for the constituents
listed in Appendix I, which is attached to these regulations and incorporated
by this reference.
004.01B The
Department may delete any of the monitoring parameters in Appendix I if an
owner or operator of a solid waste disposal area can show that the removed
constituents are not reasonably expected to be in or derived from the waste
contained in the unit.
004.01C The
Department may establish a list of indicator parameters for a solid waste
disposal area, in lieu of some or all of the constituents in Appendix I, if the
alternative parameters provide a reliable indication of releases from the solid
waste disposal area to the ground water. In determining alternative parameters,
the Department shall consider the following factors:
004.01C1 The types, quantities, and
concentrations of constituents in wastes managed in the solid waste disposal
area;
004.01C2 The mobility,
stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the solid waste disposal area;
004.01C3 The detectability of indicator
parameters, waste constituents, and reaction products in the ground water; and
004.01C4 The concentration or
values and coefficients of variation of monitoring parameters or constituents
in the ground water background.
004.02 The monitoring frequency for all constituents listed in Appendix I to these regulations, or in the alternative list described in 004.01C of this chapter, shall be at least semiannual during the active life of the facility including closure and the post-closure period.
004.02A During the
first semi-annual sampling event, a minimum of four (4) independent samples
from each well (background and downgradient) shall be collected and analyzed
for the Appendix I constituents or for the alternative list described in
004.01C of this chapter.
004.02B At least one (1) sample from each
well (background and downgradient) shall be collected and analyzed during
subsequent semi-annual sampling events.
004.02C Upon request by an owner or operator,
the Department may specify an appropriate alternative frequency for repeated
sampling and analysis for Appendix I constituents or for the alternative list
described in 004.01C of this chapter.
004.02C1 This alternative frequency shall be
no less than annual.
004.02C2 The
alternative frequency shall be based on the consideration of the following
factors:
004.02C2(a) Lithology of the aquifer
and unsaturated zone;
004.02C2(b)
Hydraulic conductivity of the aquifer and unsaturated zone;
004.02C2(c) Ground water flow
rates;
004.02C2(d) Minimum distance
between upgradient edge of the solid waste disposal area and downgradient
monitoring well screen (minimum distance of travel); and
004.02C2(e) Resource value of the
aquifer.
004.03 If an owner or operator determines, pursuant to 003.07 of this chapter, that there is a statistically significant increase over background for one or more of the constituents listed in Appendix I or in the list described in 004.01C of this chapter, at any monitoring well at the boundary specified under 002.01B of this chapter, an owner or operator:
004.03A Shall, within
fourteen (14) days of this finding, place a notice in the operating record
indicating which constituents have shown statistically significant changes from
background levels, and notify the Department that this notice was placed in the
operating record;
004.03B Shall,
within ninety (90) days (except as provided for in
004.03C of this chapter), establish an assessment
monitoring program meeting the requirements of 005 of
this chapter; and
004.03C May
demonstrate that a source other than the solid waste disposal area caused the
contamination or that the statistically significant increase resulted from
error in sampling, analysis, statistical evaluation, or natural variation in
ground water quality.
004.03C1 A report
documenting this demonstration shall be certified by a qualified ground water
scientist and approved by the Department and be placed in the operating
record.
004.03C2 If a successful
demonstration is made and documented, the owner or operator may continue
detection monitoring as specified in this chapter.
004.03C3 If, after ninety (90) days, a
successful demonstration is not made, an owner or operator shall initiate an
assessment monitoring program as required by 005 of
this chapter.
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