Current through Register No. 13, March 27, 2025
(a) If the level of
any of the contaminants identified in Env-Dw 402.24(f), Table 402-2, in treated
wastewater to be discharged to groundwater exceeds the maximum concentration
established in Table 402-2 or if the level of any of the contaminants
identified in Env-Dw 402.24(f), Table 402-2, in the groundwater at the
perimeter of or outside the groundwater discharge zone exceeds the applicable
ambient groundwater quality standard (AGQS) established in Env-Or 603, the
facility discharging the wastewater shall:
(1) If the testing done pursuant to Env-Wq
402.25(a)(2) does not show the presence of any of the contaminants identified
in Env-Dw 402.24(f), Table 402-2, in a private or public drinking water supply
well at a concentration that exceeds the applicable AGQS, either:
a.Treat the wastewater effluent using best
available technology (BAT); or
b.Implement an investigation and corrective
action program (I&CA program) as described in (c) or (d), below, as
applicable, to identify, assess, and address the potential source(s) of the
contaminant(s); or
(2) If
the testing done pursuant to Env-Wq 402.25(a)(2) shows the presence of any of
the contaminants identified in Env-Dw 402.24(f), Table 402-2 in a private or
public drinking water supply well at a concentration that exceeds the
applicable AGQS and the department determines that it is more likely than not
that the permitted wastewater discharge is the source of the contaminant(s),
implement the response described in (1)a. or b., above, and (e),
below.
(b) Within 90 days
of initiating the implementation of the response, the facility shall submit to
the department a report of the response implemented that describes all
investigative actions taken, the nature and date of each corrective action
taken, and the results as demonstrated by sampling of the treated
wastewater.
(c) If the permittee is
a public wastewater collection and treatment system, the I&CA program
required by (a)(2), above, shall include the following:
(1) Assessment of each facility that
discharges non-domestic wastewater to the wastewater system;
(2) Sampling within the wastewater system or
at facilities connected to the wastewater system to evaluate potential sources
of the contaminant(s); and
(3)
Modification of operations at facilities discharging non-domestic wastewater as
needed to reduce or eliminate sources that cause or contribute to elevated
concentrations of the contaminant(s).
(d) If the permittee is not a public
wastewater collection and treatment system, the I&CA program required by
(a)(2), above, shall include the following:
(1) A review of the materials used in the
facility to identify potential sources of the contaminant(s);
(2) Sampling of the materials used in the
facility to evaluate potential sources of the contaminant(s); and
(3) Modification of facility operations, such
as installing treatment systems for wastewater or replacing the materials that
are causing or contributing to elevated concentrations of the contaminant(s) to
the extent practicable.
(e) If required by (a)(2), above, the
permittee shall:
(1) Expand the testing of
public and private drinking water wells beyond 1,000 feet as necessary to
determine the extent of the exceedance of the applicable AGQS in drinking water
supplies; and
(2) Within 21 days of
receiving the test results obtained pursuant to (1), above, submit a proposed
response plan to the department that evaluates the relative costs and benefits
of:
a.Installing treatment to remove the
contaminant(s) from the water supplied from the well; or
b.Providing alternate water to those served
by the drinking water supply by:
1.Supplying
bottled water as an interim mitigation measure until a long-term water supply
alternative is provided; and
2.Providing a long-term alternative water
supply by:
(i) Installing, testing, and
maintaining a point-of-entry water treatment system at each structure served;
or
(ii) Connecting each structure
served to a public water system.
(f) The response plan submitted
pursuant to (e)(2), above, shall include:
(1)
A recommendation for providing alternate water; and
(2) A schedule for implementing the response
plan.
(g) The department
shall:
(1) Approve the plan, including the
schedule, if it determines that the plan is adequate to protect public health;
and
(2) Notify the permittee of its
determination in writing, provided that if the plan is not approved the
department shall identify the reason(s) why.
(h) The permittee shall implement the
response plan in accordance with the schedule approved by the
department.
