South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-107 - Solid Waste Management
Subchapter 61-107.19 - SOLID WASTE. MANAGEMENT: SOLID WASTE LANDFILLS AND STRUCTURAL FILL
Part IV - Class Two Landfills
Section 61-107.19.IV.E - Groundwater Monitoring and Corrective Action
Universal Citation: SC Code Regs 61-107.19.IV.E
Current through Register Vol. 48, No. 9, September 27, 2024
1. General Groundwater Monitoring Requirements.
a. All submittals made to the
Department in compliance with this Section shall be signed and stamped by a
qualified professional.
b. All
Class Two landfills shall implement a groundwater monitoring program as
follows:
(1) New Class Two landfills, or
lateral expansions of existing Class Two landfills shall submit a groundwater
monitoring plan to monitor the entire landfill that meets the requirements of
this Section as part of the permit application; and,
(2) Existing Class Two landfills shall,
within 180 days of the effective date of this regulation, submit to the
Department either a groundwater detection monitoring plan that meets the
requirements of this Section, or written notification that the landfill plans
to cease accepting waste within one year or less from the effective date of
this regulation. Within 180 days of the Department's approval of the
groundwater detection monitoring plan, the monitoring system shall be installed
at the landfill. Facilities that cease accepting waste within one year of the
effective date of this regulation are exempt from the groundwater monitoring
requirements outlined herein. Landfills meeting this exemption shall submit a
closure plan to the Department within 180 days of the effective date of this
regulation. Additional time may be allowed for the installation of the
groundwater monitoring system with prior approval from the
Department;
(3) Existing Class Two
landfills which have been performing groundwater monitoring prior to the
requirements of this regulation shall within 90 days of the effective date
submit to the Department certification by a qualified professional that the
existing groundwater monitoring program meets the intent of this regulation.
Any changes necessary to the existing groundwater monitoring system to ensure
compliance with this regulation should be discussed in the certification
letter.
c. A groundwater
monitoring system shall consist of a sufficient number of wells installed at
appropriate locations and depths to yield representative groundwater samples
from the uppermost aquifer that can determine if contamination has occurred due
to a release from the landfill. There shall be a minimum of one well
up-gradient and three wells down-gradient of the disposal unit. These wells
shall:
(1) Represent the quality of background
groundwater that has not been affected by the landfill; and,
(2) Represent the quality of groundwater
passing from beneath the waste disposal area footprint. The downgradient
monitoring system shall be installed as close as practical to the actual
disposal area but no further than 150 feet from the actual disposal area unless
previously installed with Department approval, and shall ensure detection of
any groundwater contamination in the uppermost aquifer.
d. The number, spacing, and depths of the
wells in the monitoring network shall be determined based upon site-specific
technical information that shall include thorough characterization of:
(1) Aquifer thickness, groundwater flow rate,
groundwater flow direction including seasonal and temporal fluctuations in
groundwater flow; and,
(2)
Saturated and unsaturated geologic units and fill materials overlying the
uppermost aquifer, materials comprising the uppermost aquifer, and materials
comprising the confining unit defining the lower boundary of the uppermost
aquifer, including, but not limited to: thicknesses, stratigraphy, lithology,
hydraulic conductivities, porosities and effective porosities.
e. Monitoring wells shall be
approved by the Department prior to installation and shall be constructed, at a
minimum, to the standards established in the South Carolina Well Standards,
R.61-71.H.
(1) The permittee shall maintain
an operating record that contains documentation of the design, installation,
development, and abandonment of any monitoring wells, piezometers and other
measurement, sampling, and analytical devices; and,
(2) The monitoring wells, piezometers, and
other measurement, sampling, and analytical devices must be maintained and
operated so that they perform to design specifications throughout the life of
the monitoring program.
(3) All
monitoring wells, piezometers or other environmental sampling locations shall
be located by a South Carolina Certified Land Surveyor. For wells, the
elevation of the ground surface and the elevation of the top of the well casing
shall also be determined to the nearest 0.01 ft above mean sea level.
f. Routine groundwater monitoring
shall continue while the facility is performing detection monitoring,
assessment or remediation activities.
g. The groundwater monitoring program shall
include consistent sampling and analysis procedures that are designed to ensure
monitoring results that provide an accurate representation of groundwater
quality. A laboratory certified by South Carolina under R.61-81 State
Environmental Laboratory Certification Program for the sample preparations and
analysis methods employed shall conduct all groundwater analysis required by
this regulation.
(1) The permittee shall
submit to the Department for review and approval, a sampling and analysis plan
outlining procedures and protocols to be used at the facility. The plan shall
include procedures and techniques for:
(a)
Sample collection;
(b) Sample
preservation and shipment;
(c)
Analytical procedures;
(d) Chain of
custody control; and,
(e) Quality
assurance and quality control.
(2) The groundwater monitoring program shall
include approved sampling and analytical methods that are appropriate for
groundwater sampling and that accurately measure the constituents in
groundwater samples. Analytical methods chosen shall have a practical
quantitation limit (PQL) that is less than the Maximum Concentration Level
(MCL) for those constituents that have a MCL as established by the State
Primary Drinking Water RegulationR.61-58. Groundwater samples
required by this regulation shall not be field-filtered prior to laboratory
analysis.
(3) Groundwater
potentiometric elevations shall be measured and recorded for each well prior to
initiating sampling procedures each time groundwater is sampled. Groundwater
elevations in wells must be measured on the same day to avoid temporal
variations in groundwater elevations that could preclude an accurate
determination of groundwater flow rate and direction. The permittee must
determine the potentiometric surface of each aquifer unit comprising the
uppermost aquifer and report the rate and direction of groundwater flow each
time groundwater is sampled.
(4)
The results and supporting documentation, e.g., field data sheets, laboratory
quality assurance /quality control testing, for all groundwater sample analysis
taken during detection monitoring shall be submitted to the Department in
accordance with the reporting requirements in this Subpart.
h. The permittee shall submit to
the Department on or before the anniversary date of issuance of the permit, an
annual report for the previous year containing the results of the requirements
of this Section. The annual report shall contain the following:
(1) A summary of all analytical testing
performed at the site during the previous year, and any applicable data
concerning sampling and analysis of monitoring wells at the site;
(2) A determination of the technical
sufficiency of the monitoring well network in detecting a release from the
facility;
(3) A determination of
groundwater elevations, groundwater flow directions and groundwater flow rates
as specified in Section E.1.g. (3) above. Groundwater flow directions shall be
based upon interpretation of a potentiometric map prepared utilizing the
groundwater elevations measured at the site; and,
(4) Recommendations for any changes to the
groundwater monitoring system, or any necessary actions to be performed at the
site to ensure compliance with the groundwater monitoring requirements.
2. Groundwater Detection Monitoring Requirements.
a. Groundwater detection monitoring is
required at Class Two solid waste landfills. The detection monitoring program
shall include at a minimum, monitoring for the constituents listed in Appendix
III.
(1) The Department may require additional
groundwater monitoring parameters for routine monitoring based on the chemical
and physical nature of the waste stream received by the landfill.
(2) The Department may delete specific
monitoring parameters for a Class Two solid waste landfill if it can be shown
that the constituent(s) are not reasonably expected to be contained in or
derived from the waste contained in the unit. The deletion of specific
constituents will be based on the permittee's knowledge of each waste stream
disposed of in the facility and the operational controls of the
facility.
b. For Class
Two solid waste landfills, the detection monitoring frequency for all
constituents required by this subpart shall be at least semiannual during the
active life of the facility (including closure) and annual during the
post-closure period. At least one sample from each well (background and
downgradient) shall be collected and analyzed during each sampling
event.
c. For Class Two solid waste
landfills, the Department may approve an appropriate alternate frequency for
repeated sampling and analysis for the constituents listed in Appendix III
during the active life (including closure) and the post-closure care period to
ensure protection of human health and the environment. The alternative
frequency during the active life (including closure) shall be no less than the
frequency specified in Section E.2.b. above. The alternative frequency shall be
based on consideration of the following factors:
(1) Lithology of the aquifer and unsaturated
zone;
(2) Hydraulic conductivity of
the aquifer and unsaturated zone;
(3) Groundwater flow rates;
(4) Minimum distance between upgradient edge
of the Class Two solid waste landfill footprint and downgradient monitoring
well screen (minimum distance of travel); and
(5) Resource value of the aquifer.
d. During semiannual groundwater
sampling, the two sampling events shall be scheduled approximately six (6)
months apart. The submittal of data for one of the sampling events shall meet
annual report requirements outlined in E.1.h.. For the other semiannual
sampling event, the analytical data only shall be submitted to the Department.
In all cases, the groundwater analytical results shall be submitted to the
Department within 60 days of sample collection. In cases where the Department
has approved an alternate sampling frequency, the Department will approve an
appropriate schedule for submittal of groundwater data.
e. If the permittee determines that
groundwater concentrations are above the PQL but below the MCL for any
constituent listed in Appendix III, at any monitoring well (unless the
constituent is being addressed by Section E.3. below) the permittee shall:
(1) Place a notice in the operating record
showing which constituents have shown an exceedance above the PQL;
and,
(2) Provide a notification of
the results to the Department in the next regularly scheduled report and
provide a discussion on the cause of this result.
f. If the permittee determines that
groundwater concentrations are above the MCL, for any constituent listed in
Appendix III at any monitoring well, the permittee shall:
(1) Notify the Department within 14 days of
receiving the analytical results;
(2) Resample the monitoring well(s) in
question for the constituents(s) in question to determine the validity of the
data within 30 days of receiving the analytical results, unless the Department
approves an alternate frequency. If the permittee chooses not to resample, then
the initial exceedance(s) of the MCL shall be considered valid;
(3) Within 14 days of receiving the results
of validation sampling required by Section E.2.f. (2) above, place a notice in
the operating record and notify the Department of the results of the
resampling;
(4) If resampling does
not validate that the results are above applicable levels, return to routine
detection monitoring; or,
(5) If
resampling does validate the initial exceedance of the MCL, then establish an
assessment monitoring program meeting the requirements of Section E.3. within
90 days of receiving the results of validation sampling required by Section
E.2.f. (2), except as provided for in Section E.2.g. below.
g. The permittee may demonstrate
that a source other than the Class Two landfill caused the contamination or
that the concentration resulted from an error in sampling, analysis, or natural
variation in groundwater quality. A report documenting this demonstration shall
be placed in the operating record after being signed and stamped by a qualified
professional and approved by the Department. If a successful demonstration is
made and documented, the permittee may continue detection monitoring as
specified in this Section. If, after 90 days of completing Section E.2.f. (2)
above, a successful demonstration is not made, the permittee shall initiate an
assessment monitoring program as required in Section E.3.
3. Assessment of Groundwater Impact.
a. Assessment monitoring is required whenever
a release has been detected and validated, in accordance with Section E.2.f.
above for any constituent listed in Appendix III, unless a successful
demonstration has been made in accordance with Section E.2.g. above.
b. Within 90 days of validating an exceedance
as outlined in E.2.f. (2), the permittee shall sample all groundwater
monitoring wells identified as impacted for all constituents listed in Appendix
V. Any additional constituents detected during this sampling shall be added to
the assessment program.
c. The
permittee shall establish a groundwater protection standard for each
constituent detected in the groundwater. The groundwater protection standard
shall be:
(a) For constituents for which a
MCL has been promulgated under South Carolina R.61-58, State Primary Drinking
Water Regulations, the MCL for that constituent;
(b) For constituents for which MCLs have not
been promulgated, the drinking water risk-based number recognized by EPA Region
IV; or,
(c) For constituents for
which the background level is higher than the MCL identified under Section
E.3.b. (3)(a) above or risk-based concentration identified under Section E.3.b.
(3)(b) above, as applicable, the background concentration.
(d) For any parameter for which a groundwater
protection standard cannot be established per E.3.c. (a), (b), or (c) above,
the Department, using input from the permittee, will develop an appropriate
groundwater protection standard. In establishing this groundwater protection
standard, the Department may consider the following provided these criteria
meet the intent of the South Carolina Water Classifications and Standards
R.61-68:
(1) Multiple contaminants in the
groundwater;
(2) Exposure threats
to sensitive environmental receptors; and,
(3) Other site-specific exposure or potential
exposure to groundwater.
d. The permittee shall submit to the
Department for review and approval a groundwater quality assessment plan for
characterizing the nature and extent of the release within 90 days of receiving
the results of the sampling outlined in Section E.3.b. above. The groundwater
quality assessment plan shall:
(a) Ensure that
the nature and extent of the release is fully characterized by installing
additional monitoring wells, as necessary;
(b) Install at least one additional
monitoring well at the facility boundary in the direction of contaminant
migration and sample this well in accordance with this section;
(c) In cases where contamination is present
at the property boundary, take reasonable measures to gain access for offsite
sampling;
(d) Notify all persons
who own the land or reside on the land that directly overlies any part of the
plume of contamination if contaminants have migrated off-site if indicated by
sampling of wells in accordance with this section; and,
(e) Contain a detailed schedule for the
implementation and completion of the provisions of the plan.
e. Upon completion of assessment
activities outlined in this section, the permittee shall initiate an assessment
of corrective measures as required by Section E.4.a. below within 90
days.
f. Based upon the outcome of
the assessment outlined in this section, the Department may add additional
monitoring wells, additional constituents, or additional sampling frequency to
the routine detection monitoring program, required by Section
E.2.above.
4. Groundwater Remediation.
a. Upon completion of the
groundwater quality assessment, the permittee shall evaluate potential
corrective actions to address groundwater quality. Based on the outcome of this
evaluation, the permittee shall select a remedial action strategy and submit a
remedial action plan to be approved by the Department. The remedial action plan
shall contain a schedule for the initiation and completion of remedial
activities.
b. The remedial action
plan shall:
(1) Be protective of human health
and the environment;
(2) Attain the
groundwater protection standard as specified pursuant to Section E.3.b. (3)
above;
(3) Control the source(s) of
releases so as to reduce or eliminate, to the maximum extent practicable,
further releases of constituents into the environment that may pose a threat to
human health or the environment;
(4) Consider the long- and short-term
effectiveness and protectiveness of the potential remedy(s), along with the
degree of certainty that the remedy will prove successful based on
consideration of the following:
(a) Magnitude
of reduction of existing risks;
(b)
Magnitude of residual risks in terms of likelihood of further releases due to
waste remaining following implementation of a remedy;
(c) The type and degree of long-term
management required, including monitoring, operation, and
maintenance;
(d) Short-term risks
that might be posed to the community, workers, or the environment during
implementation of such a remedy, including potential threats to human health
and the environment associated with excavation, transportation, and redisposal
or containment;
(e) Time until full
protection is achieved;
(f)
Potential for exposure of humans and environmental receptors to remaining
wastes, considering the potential threat to human health and the environment
associated with excavation, transportation, redisposal, or
containment;
(g) Long-term
reliability of the engineering and institutional controls; and,
(h) Potential need for replacement of the
remedy.
(5) Consider the
effectiveness of the remedy in controlling the source to reduce further
releases based on the extent to which containment practices will reduce further
releases; and,
(6) Contain
monitoring considerations to prove the effectiveness of the selected remedial
action, which may be in addition to those constituents contained in the
detection monitoring program.
c. The Department may determine that
remediation of a release of a constituent from a Class Two landfill is not
necessary if the permittee satisfactorily demonstrates to the Department that:
(1) The groundwater is additionally
contaminated by substances that have originated from a source other than the
Class Two solid waste landfill and those substances are present in
concentrations such that cleanup of the release from the Class Two solid waste
landfill would provide no significant reduction in risk to actual or potential
receptors; or,
(2) The
constituent(s) is present in groundwater that:
(a) Does not currently meet the definition of
an underground source of drinking water per South Carolina Water
Classifications and Standards R.61-68; and,
(b) Is not hydraulically connected with
waters to which the constituents are migrating or are likely to migrate in a
concentration(s) that would exceed the groundwater protection standards
established under Section E.3.c. above; or,
(3) Remediation of the release(s) is
technically impracticable; or,
(4)
Remediation results in unacceptable cross-media impacts.
d. A determination by the Department pursuant
to Section E.4.c.above shall not affect the authority of the Department to
require the permittee to undertake source control measures or other measures
that may be necessary to eliminate or minimize further releases to the
groundwater, to prevent exposure to the groundwater, or to remediate the
groundwater to concentrations that are technically practicable and
significantly reduce threats to human health or the environment.
e. During the course of implementing the
corrective action, the permittee may be required to take any interim measures
necessary to ensure the protection of human health and the environment. Interim
measures should, to the greatest extent practicable, be consistent with the
objectives of and contribute to the performance of any remedy that may be
required pursuant to this section. A permittee in determining whether interim
measures are necessary shall consider the following factors:
(1) Time required to develop and implement a
final remedy;
(2) Actual or
potential exposure of nearby populations or environmental receptors to
hazardous constituents;
(3) Actual
or potential contamination of drinking water supplies or sensitive
ecosystems;
(4) Further degradation
of the groundwater that may occur if remedial action is not initiated
expeditiously;
(5) Weather
conditions that may cause hazardous constituents to migrate or be
released;
(6) Risks of fire or
explosion, or potential for exposure to hazardous constituents as a result of
an accident or failure of a container or handling system; and,
(7) Other situations that may pose threats to
human health and the environment.
f. If the permittee determines that
compliance with requirements of this section cannot be practically achieved
with any currently available methods, the permittee shall:
(1) Obtain certification of a qualified
professional and approval by the Department, that compliance with requirements
under Section E.4. cannot be practically achieved with any currently available
methods;
(2) Implement alternate
measures to control exposure of humans or the environment to residual
contamination, as necessary to protect human health and the environment;
and,
(3) Implement alternate
measures for control of the sources of contamination, or for removal or
decontamination of equipment, units, devices, or structures that are:
(a) Technically practicable; and,
(b) Consistent with the overall objective of
the remedy.
g. Upon completion of the remedy, the
permittee shall submit to the Department a certification signed by a qualified
professional stating that the remedy has been completed in compliance with the
requirements of Section E.4.
h.
Upon the Department's approval of the certification required in Section E.4.g.
above, the Class Two landfill shall return to detection monitoring as outlined
in Section E.2. of this Part.
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