Current through Register Vol. 56, No. 18, September 16, 2024
(a) An owner or operator
required to establish a leak detection monitoring program under this subchapter
shall monitor for indicator parameters (for example, specific conductance, total
organic carbon, or total organic halogen), or waste constituents or reaction
products that provide a reliable indication of the presence of hazardous
constituents in ground water. The Department shall specify the parameters or
constituents to be monitored in the NJPDES-DGW permit, based on the following
factors:
1. The types, quantities, and
concentrations of constituents in wastes managed at the hazardous waste facility
unit;
2. The mobility, stability, and
persistence of waste constituents or their reaction products in the unsaturated zone
beneath the hazardous waste facility unit;
3. The detectability of indicator parameters,
waste constituents, and reaction products in ground water; and
4. The concentrations or values and coefficients
of variation of proposed monitoring parameters or constituents in the ground water
background.
(b) The owner or
operator shall install a ground water monitoring system at the relevant point of
compliance specified under
7:14A-10.9. The ground water monitoring
system shall comply with
7:14A-10.11(a), (b) and
(c).
(c) The owner or operator shall conduct a ground
water monitoring system for each chemical parameter and hazardous constituent
specified in the permit pursuant to (a) above in accordance with
7:14A-10.11(g). The
owner or operator shall maintain a complete and continuous record of ground water
analytical data as measured and in a form necessary for the determination of
statistical significance under
7:14A-10.11(h).
(d) The Department shall specify the frequencies
for collecting samples and conducting statistical tests to determine whether there
is statistically significant evidence of contamination for any parameter or
hazardous constituent specified pursuant to (a) above in accordance with
7:14A-10.11(g). A
sequence of at least four samples from each well (background and compliance wells)
shall be collected at least semiannually during leak detection monitoring.
(e) The owner or operator shall determine the
ground water flow rate and direction in the uppermost aquifer at least
annually.
(f) The owner or operator
shall determine whether there is statistically significant evidence of contamination
for any chemical parameter or hazardous constituent specified pursuant to (a) above
at a frequency specified pursuant to (d) above.
1.
In determining whether statistically significant evidence of contamination exists,
the owner or operator shall use the method(s) specified under
7:14A-10.11(h). These
method(s) shall compare data collected at the compliance point(s) to the background
ground water quality data.
2. The owner
or operator shall determine whether there is statistically significant evidence of
contamination at each monitoring well at the relevant point of compliance within a
reasonable period of time after completion of sampling. The Department shall specify
in the NJPDES-DGW permit what period of time is reasonable, after considering the
complexity of the statistical test and the availability of laboratory facilities to
perform the analysis of ground water samples.
(g) If the owner or operator determines pursuant
to (f) above that there is statistically significant evidence of contamination for
chemical parameters or hazardous constituents specified pursuant to (a) above at any
monitoring well at the relevant point of compliance, the owner or operator shall:
1. Notify the Department of this finding in
writing within seven days. The notification shall indicate what chemical parameters
or hazardous constituents have shown statistically significant evidence of
contamination;
2. Immediately sample the
ground water in all monitoring wells and determine whether constituents in the list
of 40 C.F.R. Part 264 Appendix IX are present, and if so, in what
concentration;
3. For any 40 C.F.R. Part
264 Appendix IX compounds found in the analysis pursuant to (g)2 above, the owner or
operator may resample within one month and repeat the analysis for those compounds
detected. If the results of the second analysis confirm the initial results, then
these constituents shall form the basis for compliance monitoring. If the owner or
operator does not resample for the compounds found pursuant to (g)2 above, the
hazardous constituents found during this initial 40 C.F.R. Part 264 Appendix IX
analysis shall form the basis for compliance monitoring;
4. Within 90 days after statistically significant
evidence for contamination is identified, submit to the Department an application
for a permit modification to establish a compliance monitoring program meeting the
requirements of 7:14A-10.13. The application shall
include the following information:
i.
Identification of the concentration or any 40 C.F.R. Part 264 Appendix IX
constituent detected in the ground water at each monitoring well at the compliance
point;
ii. Any proposed changes to the
ground water monitoring system at the facility necessary to meet the requirements of
N.J.A.C. 7:14A-10.13;
iii. Any proposed
additions or changes to the monitoring frequency, sampling and analysis procedures
or methods, or statistical methods used at the facility necessary to meet the
requirements of N.J.A.C. 7:14A-10.13; and
iv. For each hazardous constituent detected at the
relevant compliance point, a proposed concentration limit under
7:14A-10.8(a) 1 or 2,
or a notice of intent to seek an alternate concentration limit under
7:14A-10.8(b);
5. Within 180 days after statistically
significant evidence for contamination is identified, submit to the Department:
i. All data necessary to justify an alternate
concentration limit sought under
N.J.A.C.
7:14A-10.8(b); and
ii. Engineering feasibility plan for a corrective
action program necessary to meet the requirement of
7:14A-10.14, unless:
(1) All hazardous constituents identified under
(g)2 above are listed in
7:14A-10.8(a)2 i and
their concentrations do not exceed the ground water quality criteria of N.J.A.C.
7:9C, or the
40 C.F.R.
264.94 Table 1 concentration, whichever is more
stringent; or
(2) The owner or operator
has sought an alternate concentration limit under
7:14A-10.8(b) for every
hazardous constituent identified under (g)2 above; and
6. If the owner or operator determines,
pursuant to (f) above, that there is a statistically significant difference for
chemical parameters or hazardous constituents specified pursuant to (a) above at any
monitoring well at the compliance point, the owner or operator may demonstrate that
a source other than the owner/operator's hazardous waste facility unit caused the
contamination or that the detection is an artifact caused by an error in sampling,
analysis, or statistical evaluation or natural variation in the ground water. The
owner operator may make a demonstration under this paragraph in addition to, or in
lieu of, submitting a permit modification application under (g)4 above; however, the
owner or operator is not relieved of the requirement to submit a permit modification
application within the time specified in (g)4 above unless the demonstration made
under this paragraph successfully shows that a source other than a hazardous waste
facility unit caused the increase, or that the increase resulted from error in
sampling or analysis. In making a demonstration under this paragraph, the owner or
operator shall:
i. Notify the Department in
writing within seven days of determining statistically significant evidence of
contamination at the relevant point of compliance that the owner or operator intends
to make a demonstration under this paragraph;
ii. Within 90 days after determining statistically
significant evidence of contamination, submit a report to the Department which
demonstrates that a source other than a hazardous waste facility unit caused the
contamination or that the contamination resulted from error in sampling or
analysis;
iii. Within 90 days after
receipt by the Department of the report required in ii above, submit to the
Department an application for a permit modification to make any appropriate changes
to the leak detection monitoring program facility; and
iv. Continue to monitor in accordance with the
leak detection monitoring program established under this section.
(h) If the owner or operator
determines that the leak detection monitoring program no longer satisfies the
requirements of this section, the owner or operator shall, within 90 days, submit an
application for a permit modification to make any appropriate changes to the leak
detection monitoring program.
