Current through Register Vol. 41, No. 3, September 23, 2024
A. The applicant
may request a variance to the location for the groundwater monitoring system
other than at the disposal unit boundary as required by
9VAC20-81-250 A 3 a if he can
demonstrate that the response time is sufficiently long to identify and
remediate or otherwise contain groundwater that may become impacted before it
reaches the facility boundary. This alternate point of compliance with the
groundwater monitoring requirements shall be located within the facility
boundary and shall not be located farther downgradient than 500 feet from the
disposal unit boundary.
B. The
application shall provide information on:
1.
The hydrogeologic characteristics of the facility and surrounding land. The
information shall include an estimate of the width and depth of a plume that
may migrate from the disposal unit.
2. The volume and physical and chemical
characteristics of the leachate.
3.
The quality, quantity, and direction of groundwater flow. This information
shall include a determination whether contaminants from the unit will be
detectable at the proposed point of compliance.
4. The proximity and withdrawal rate of the
groundwater users. This information shall include the estimate of time of
travel to private or public supply wells.
5. The availability of alternate drinking
water supplies in the event of a groundwater contamination problem.
6. The existing quality of the groundwater,
including other sources of contamination and their cumulative impacts on the
ground water and whether groundwater is currently used or reasonably expected
to be used for drinking water.
7.
Practicable capability of the owner or operator. The information shall include
an indication of financial capability of the owner or operator to maintain a
longer and more costly corrective action program owing to the longer detection
time frame associated with the proposed point of compliance.
C. Based on the information
received the director will consider the potential overall effect on public
health, welfare, and safety of the proposed point of compliance. Consideration
will include:
1. Distance to the facility
boundary and to the nearest groundwater user or potentially affected surface
water;
2. The response time
required to remediate or otherwise contain groundwater that may become impacted
and potentially affect downgradient water supplies; and
3. Risk that detection may not be
representative of worst case condition of the groundwater.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
6941 et seq.; 40 CFR Part 258.
