Current through Supplement No. 394, October, 2024
1.
An owner or operator of a resource recovery unit, a land treatment unit, a
surface impoundment, or a landfill, except an inert waste landfill, must
incorporate a ground water monitoring system into the design of the facility.
An owner or operator of a CCR unit that is subject to the provisions of chapter
33.1-20-08 is exempt from the requirements of this section. If the owner or
operator demonstrates to the department that there is no potential for
migration of solid waste constituents to the uppermost aquifer during the life
of the solid waste management unit and the postclosure period, the department
may suspend this requirement. The demonstration must be based upon factors such
as the site characterization, the solid waste characteristics and constituents,
the potential capacity of the unit or facility, and the physical, chemical, and
biological processes affecting contaminant fate and transport.
2. Ground water monitoring systems must be
designed to effectively detect the migration of contamination. At a minimum, a
water quality monitoring system shall:
a.
Include one ground water monitoring well located upgradient of the solid waste
management unit, and at least two wells located downgradient of the unit. The
monitoring wells should be installed at appropriate locations and depths to
yield ground water from the uppermost aquifer and all hydraulically connected
aquifers below the solid waste management units on the facility;
b. Represent the elevation of ground water in
each well immediately prior to purging so that the owner or operator may
determine the rate and direction of ground water flow each time ground water is
sampled;
c. Represent the quality
of ground water that has not been affected by spills or leakage from solid
waste management units;
d.
Represent the quality of ground water to ensure detection of contamination
passing the compliance boundary;
e.
Ground water samples at municipal waste landfills must not be filtered prior to
analysis; and
f. The frequency and
number of samples collected must be consistent with statistical procedures for
evaluating ground water data. A minimum of four independent samples from each
well must be collected for analysis during the first sampling event for
establishing background data at upgradient (subdivision c) and downgradient
(subdivision d) wells, unless four or more sampling events occur prior to
acceptance of solid waste by the facility. The monitoring frequency must be
semiannual during the active life of the facility and during the postclosure
period. The department may specify an alternate frequency for sampling based
upon such factors as site hydrogeological characteristics, solid waste
characteristics, evidence of a spill or leakage, or resource value of the
aquifer.
3. Additional
wells may be required in complicated hydrogeological settings or to define the
extent of contamination detected.
4. A written ground water monitoring plan
must be developed for approval by the department and implemented as part of the
permitting process. The plan must include:
a.
Number and location of wells;
b.
Procedures for decontamination of drilling and sampling equipment;
c. Procedures for sample
collection;
d. Sample analytical
procedures;
e. Chain of custody
control;
f. Parameters for
analysis;
g. Quality assurance or
quality control procedures;
h. A
monitoring schedule;
i. Data
statistical methods and analysis procedures; and
j. Reporting of a statistically significant
increase over a background value or of an exceedance of a maximum concentration
limit or a water quality standard.
5. Ground water monitoring data obtained
under this section must be analyzed within a reasonable period of time after
completing sampling and laboratory analysis to determine whether or not a
statistically significant increase over background values or an exceedance of a
maximum concentration limit or water quality standard has occurred for each
parameter required in the monitoring plan or permit. Statistical methods must,
as appropriate:
a. Be appropriate for the
distribution of the data and, if inappropriate for a normal theory test, be
transformed or a distribution-free theory test must be used.
b. Control or correct for seasonal and
spatial variability in the data.
c.
Account for data below the limit of detection that can be reliably achieved by
routine laboratory techniques, using the limit as the lowest concentration
level for a chemical parameter which is below detection.
d. Be protective of human health and
environmental resources.
General Authority: NDCC 23.1-08-03,
23.1-11-05, 23.1-11-11, 61-28-04, 61-28-05;
S.L.
2017, ch. 199,
§
1
Law Implemented: NDCC 23.1-08-03, 23.1-11-05,
23.1-11-06, 23.1-11-08, 23.1-11-11, 61-28-04;
S.L.
2017, ch. 199,
§§
23,
26
