Current through all regulations passed and filed through March 18, 2024
An owner or operator required to establish a detection
monitoring program under rules
3745-54-90
to
3745-54-101
of the Administrative Code must, at a minimum, discharge the following
responsibilities:
(A) The owner or
operator must monitor for indicator parameters (e.g., specific conductance,
total organic carbon, or total organic halogen), waste constituents, or
reaction products that provide a reliable indication of the presence of
hazardous constituents in ground water. The director will specify the
parameters or constituents to be monitored in the facility permit, after
considering the following factors:
(1) The
types, quantities, and concentrations of constituents in wastes managed at the
regulated unit;
(2) The mobility,
stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the waste management area;
(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 must install a
ground water monitoring system at the compliance point as specified under rule
3745-54-95 of
the Administrative Code. The ground water monitoring system must comply with
paragraphs (A)(2), (B), and (C) of rule
3745-54-97
of the Administrative Code.
(C) The
owner or operator must conduct a ground water monitoring program for each
chemical parameter and hazardous constituent specified in the permit pursuant
to paragraph (A) of this rule in accordance with paragraph (G) of rule
3745-54-97
of the Administrative Code. The owner or operator must maintain a record of
ground water analytical data as measured and in a form necessary for the
determination of statistical significance under paragraph (H) of rule
3745-54-97
of the Administrative Code.
(D) The
permit will 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
in the permit under paragraph (A) of this rule in accordance with paragraph (G)
of rule
3745-54-97
of the Administrative Code.
(E) The owner or operator must determine the
ground water flow rate and direction in the uppermost aquifer at least
annually.
(F) The owner or operator
must determine whether there is statistically significant evidence of
contamination for any chemical parameter or hazardous
constituent specified in the permit pursuant to paragraph (A) of this rule at a
frequency specified under paragraph (D) of this rule.
(1) In determining whether statistically
significant evidence of contamination exists, the owner or operator must use
the method(s) specified in the permit under paragraph (H) of rule
3745-54-97
of the Administrative Code. These method(s) must compare data collected at the
compliance point(s) to the background ground water quality data.
(2) The owner or operator must determine
whether there is statistically significant evidence of contamination at each
monitoring well at the compliance point within a reasonable period of time
after completion of sampling. The director will specify in the facility 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 paragraph (F) of this rule, that there is statistically significant
evidence of contamination for chemical parameters or hazardous constituents
specified pursuant to paragraph (A) of this rule at any monitoring well at the
compliance point, he must:
(1) Notify the
director of this finding in writing within seven days. The notification must
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 ground water
monitoring list (found in the appendix to this rule) are present, and if so, in
what concentration. However, the director, on a
discretionary basis, may allow sampling for a site-specific subset of
constituents from the list in the appendix to this rule and other
representative/related waste constituents.
(3) For any compounds listed in the ground
water monitoring list (found in the appendix to this rule) found in the
analysis pursuant to paragraph (G)(2) of this rule, the owner or operator may
resample within one month or at an alternative
site-specific schedule approved by the director and repeat the analysis
for those compounds detected. If the results of the second analysis confirm the
initial results, then these constituents will form the basis for compliance
monitoring. If the owner or operator does not resample for the compounds
in paragraph (G)(2) of this rule, the hazardous
constituents found during this initial ground water monitoring list analysis
will form the basis for compliance monitoring.
(4) Within ninety days, submit to the
director an application for a permit modification to establish a compliance
monitoring program meeting the requirements of rule
3745-54-99
of the Administrative Code. The application must include the following
information:
(a) An identification of the
concentration of any constituent listed in the appendix to this rule detected
in the ground water at each monitoring well at the compliance point;
(b) Any proposed changes to the ground water
monitoring system at the facility necessary to meet the requirements of rule
3745-54-99
of the Administrative Code;
(c) 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 rule
3745-54-99
of the Administrative Code;
(d) For
each hazardous constituent detected at the compliance point, a proposed
concentration limit under paragraph (A)(1) or (A)(2) of rule
3745-54-94
of the Administrative Code, or a notice of intent to seek an alternate
concentration limit under paragraph (B) of rule
3745-54-94
of the Administrative Code; and
(5) Within one hundred eighty days, submit to
the director:
(a) All data necessary to
justify an alternate concentration limit sought under paragraph (B) of rule
3745-54-94
of the Administrative Code; and
(b)
An engineering feasibility plan for a corrective action program necessary to
meet the requirement of rule
3745-54-100
of the Administrative Code, unless:
(i) All
hazardous constituents identified under paragraph (G)(2) of this rule are
listed in the table in rule
3745-54-94
of the Administrative Code and their concentrations do not exceed the
respective values given in that table; or
(ii) The owner or operator has sought an
alternate concentration limit under paragraph (B) of rule
3745-54-94
of the Administrative Code for every hazardous constituent identified under
paragraph (G)(2) of this rule.
(6) If the owner or operator determines,
pursuant to paragraph (F) of this rule, that there is a statistically
significant difference for chemical parameters or hazardous constituents
specified pursuant to paragraph (A) of this rule at any monitoring well at the
compliance point, he may demonstrate that a source other than a regulated 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 or operator may make a demonstration under
paragraphs (G) to (G)(6)(d) of this rule in addition to, or in lieu of,
submitting a permit modification application under paragraph (G)(4) of this
rule; however, the owner or operator is not relieved of the requirement to
submit a permit modification application within the time specified in paragraph
(G)(4) of this rule unless the demonstration made under paragraphs (G) to
(G)(6)(d) of this rule successfully shows that a source other than a regulated
unit caused the increase, or that the increase resulted from error in sampling,
analysis, or evaluation. In making a demonstration under paragraphs (G) to
(G)(6)(d) of this rule, the owner or operator must:
(a) Notify the director in writing within
seven days of determining statistically significant evidence of contamination
at the compliance point that he intends to make a demonstration under
paragraphs (G) to (G)(6)(d) of this rule;
(b) Within ninety days, submit a report to
the director which demonstrates that a source other than a regulated unit
caused the contamination or that the contamination resulted from error in
sampling, analysis, or evaluation;
(c) Within ninety days, submit to the
director an application for a permit modification to make any appropriate
changes to the detection monitoring program at the facility; and
(d) Continue to monitor in accordance with
the detection monitoring program established under this rule.
(H) If the owner or
operator determines that the detection monitoring program no longer satisfies
the requirements of this rule, he must, within ninety days, submit an
application for a permit modification to make any appropriate changes to the
program.
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11
of the Administrative Code titled"Incorporated by reference."]
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