Current through Register Vol. 24-06, March 15, 2024
(1) Applicability.
(a)
(i)
Except as provided in (b) of this subsection, the regulations in this section
apply to owners and operators of facilities that treat, store, or dispose of
dangerous waste. The owner or operator must satisfy the requirements identified
in (a)(ii) of this subsection for all wastes (or constituents thereof)
contained in solid waste management units at the facility, regardless of the
time at which waste was placed in such units.
(ii) All solid waste management units must
comply with the requirements in WAC
173-303-64620. Regulated units
(as defined in WAC
173-303-040 ) must comply with
the requirements of subsections (2) through (12) of this section, in lieu of
WAC 173-303-64620, for purposes of
detecting, characterizing, and responding to releases to the uppermost aquifer.
The corrective action financial responsibility requirements of WAC
173-303-64620 apply to corrective
action regulated units.
(b) The owner or operator's regulated unit or
units are not subject to regulation for releases into the uppermost aquifer
under this section if:
(i) The owner or
operator is exempted under WAC
173-303-600; or
(ii) He operates a unit which the department
finds:
(A) Is an engineered
structure;
(B) Does not receive or
contain liquid waste or waste containing free liquids;
(C) Is designed and operated to exclude
liquid, precipitation, and other run-on and runoff;
(D) Has both inner and outer layers of
containment enclosing the waste;
(E) Has a leak detection system built into
each containment layer;
(F) The
owner or operator will provide continuing operation and maintenance of these
leak detection systems during the active life of the unit and the closure and
post-closure care periods; and
(G)
To a reasonable degree of certainty, will not allow dangerous constituents to
migrate beyond the outer containment layer prior to the end of the post-closure
care period.
(iii) The
department finds, pursuant to WAC
173-303-655(8)(d),
that the treatment zone of a land treatment unit does not contain levels of
dangerous constituents that are above background levels of those constituents
by an amount that is statistically significant, and if an unsaturated zone
monitoring program meeting the requirements of WAC
173-303-655(6)
has not shown a statistically significant increase in dangerous constituents
below the treatment zone during the operating life of the unit. An exemption
under this subsection can only relieve an owner or operator of responsibility
to meet the requirements of this section during the post-closure care period;
or
(iv) The department finds that
there is no potential for migration of liquid from a regulated unit to the
uppermost aquifer during the active life of the regulated unit (including the
closure period) and the post-closure care period. This demonstration must be
certified by a qualified geologist or geotechnical engineer. In order to
provide an adequate margin of safety in the prediction of potential migration
of liquid, the owner or operator must base any predictions made under this
subsection on assumptions that maximize the rate of liquid migration.
(c) The regulations under this
section apply during the active life of the regulated unit (including the
closure period). After closure of the regulated unit, the regulations in this
section:
(i) Do not apply if all waste, waste
residues, contaminated containment system components, and contaminated subsoils
are removed or decontaminated at closure in accordance with the removal or
decontamination limits specified in WAC
173-303-610(2)(b);
(ii) Apply during the post-closure care
period if the owner or operator is conducting a detection monitoring program
under subsection (9) of this section; and
(iii) Apply during the compliance period
under subsection (7) of this section, if the owner or operator is conducting a
compliance monitoring program under subsection (10) of this section, or a
corrective action program under subsection (11) of this section.
(d) Regulations in this section
may apply to miscellaneous units when necessary to comply with WAC
173-303-680(2) through
(4).
(e) The regulations of this section apply to
all owners and operators subject to the requirements of WAC
173-303-800(12),
when the department issues either a post-closure permit or an enforceable
document (as defined in WAC
173-303-040 ) at the facility.
When the department issues an enforceable document, references in this section
to "in the permit" mean "in the enforceable document."
(f) The director may, in an enforceable
document, replace all or part of the requirements of this section with
alternative requirements for groundwater monitoring and corrective action when
he or she determines:
(i) A dangerous waste
unit is situated among other solid waste management units or areas of concern,
a release has occurred, and both the dangerous waste unit and one or more of
the solid waste management units or areas of concern are likely to have
contributed to the release; and
(ii) It is not necessary to apply the
requirements of this section because the alternative requirements will protect
human health and the environment.
(2) Required programs.
(a) Owners and operators subject to this
section must conduct a monitoring and response program as follows:
(i) Whenever dangerous constituents under
subsection (4) of this section, from a regulated unit are detected at the
compliance point under subsection (6) of this section, the owner or operator
must institute a compliance monitoring program under subsection (10) of this
section. Detected is defined as statistically significant evidence of
contamination as described in subsection (9)(f) of this section;
(ii) Whenever the groundwater protection
standard under subsection (3) of this section, is exceeded, the owner or
operator must institute a corrective action program under subsection (11) of
this section. Exceeded is defined as statistically significant evidence of
increased contamination as described in subsection (10)(h) of this section.
Exceeded is defined as statistically significant evidence of contamination as
described in WAC
173-303-645(10)(d);
(iii) Whenever dangerous constituents under
subsection (4) of this section, from a regulated unit exceed concentration
limits under subsection (5) of this section, in groundwater between the
compliance point under subsection (6) of this section and the downgradient
facility property boundary, the owner or operator must institute a corrective
action program under subsection (11) of this section; and
(iv) In all other cases, the owner or
operator must institute a detection monitoring program under subsection (9) of
this section.
(b) The
department will specify in the facility permit the specific elements of the
monitoring and response program. The department may include one or more of the
programs identified in (a) of this subsection, in the facility permit as may be
necessary to protect human health and the environment and will specify the
circumstances under which each of the programs will be required. In deciding
whether to require the owner or operator to be prepared to institute a
particular program, the department will consider the potential adverse effects
on human health and the environment that might occur before final
administrative action on a permit modification application to incorporate such
a program could be taken.
(3) Groundwater protection standard. The
owner or operator must comply with conditions specified in the facility permit
that are designed to ensure that dangerous constituents under subsection (4) of
this section, detected in the ground-water from a regulated unit do not exceed
the concentration limits under subsection (5) of this section, in the uppermost
aquifer underlying the waste management area beyond the point of compliance
under subsection (6) of this section, during the compliance period under
subsection (7) of this section. To the extent practical, the department will
establish this groundwater protection standard in the facility permit at the
time the permit is issued. If the department determines that an established
standard is not protective enough, or if the department decides that it is not
practical to establish standards at the time of permit issuance, the department
will establish the groundwater protection standard in the facility permit when
dangerous constituents have been detected in the groundwater from a regulated
unit.
(4) Dangerous constituents.
(a) The department will specify in the
facility permit the dangerous constituents to which the groundwater protection
standard of subsection (3) of this section, applies. Dangerous constituents are
constituents identified in the Appendix "Ground-Water Monitoring List" in
Chemical Testing Methods for Designating Dangerous Waste which
is incorporated at WAC
173-303-110(3)(c) and
(7), and any other constituents not listed
there which have caused a waste to be regulated under this chapter, that may be
or have been detected in groundwater in the uppermost aquifer underlying a
regulated unit and that are reasonably expected to be in or derived from waste
contained in a regulated unit, unless the department has excluded them under
(b) of this subsection.
The department may also specify in the permit indicator
parameters (e.g., specific conductance, pH, total organic carbon (TOC), total
organic halogen (TOX), or heavy metals), waste constituents or reaction
products as identified in the detection monitoring program under subsection
(9)(a) of this section, that provide a reliable indication of the presence of
dangerous constituents in the groundwater.
(b) The department will exclude a constituent
on the Appendix "Ground-Water Monitoring List" in
Chemical Testing
Methods for Designating Dangerous Waste which is incorporated at WAC
173-303-110(3)(c) and
(7), or other identified constituent from the
list of dangerous constituents specified in the facility permit if it finds
that the constituent is not capable of posing a substantial present or
potential hazard to human health or the environment. In deciding whether to
grant an exemption, the department will consider the following:
(i) Potential adverse effects on groundwater
quality, considering:
(A) The physical and
chemical characteristics of the waste in the regulated unit, including its
potential for migration;
(B) The
hydrogeological characteristics of the facility and surrounding land;
(C) The quantity of groundwater and the
direction of groundwater flow;
(D)
The proximity and withdrawal rates of groundwater users;
(E) The current and future uses of
groundwater in the area;
(F) The
existing quality of groundwater, including other sources of contamination and
their cumulative impact on the groundwater quality;
(G) The potential for health risks caused by
human exposure to waste constituents;
(H) The potential damage to wildlife, crops,
vegetation, and physical structures caused by exposure to waste constituents;
and
(I) The persistence and
permanence of the potential adverse effects;
(ii) Potential adverse effects on
hydraulically-connected surface water quality, considering:
(A) The volume and physical and chemical
characteristics of the waste in the regulated unit;
(B) The hydrogeological characteristics of
the facility and surrounding land;
(C) The quantity and quality of groundwater,
and the direction of groundwater flow;
(D) The patterns of rainfall in the
region;
(E) The proximity of the
regulated unit to surface waters;
(F) The current and future uses of surface
waters in the area and any water quality standards established for those
surface waters;
(G) The existing
quality of surface water, including other sources of contamination and the
cumulative impact on surface water quality;
(H) The potential for health risks caused by
human exposure to waste constituents;
(I) The potential damage to wildlife, crops,
vegetation, and physical structures caused by exposure to waste constituents;
and
(J) The persistence and
permanence of the potential adverse effects; and
(iii) Any identification of underground
sources of drinking water and exempted aquifers made pursuant to
chapter
90.48 RCW, chapter 270,
Laws of 1983, and other applicable state laws and regulations.
(5) Concentration
limits.
(a) The department will specify in
the facility permit concentration limits in the groundwater for dangerous
constituents established under subsection (4) of this section. The
concentration of a dangerous constituent:
(i)
Must not exceed the background level of that constituent in the groundwater at
the time that limit is specified in the permit; or
(ii) For any of the constituents listed in
Table 1 of this subsection, must not exceed the respective value given in that
table if the background level of the constituent is below the value given in
Table 1; or
(iii) Must not exceed
an alternate limit established by the department under (b) of this subsection.
Table 1.
Maximum Concentration of Constituents for
Groundwater Protection |
Constituent |
Maximum Concentration1
|
Arsenic __________________________ |
0.05 |
Barium __________________________ |
1.0 |
Cadmium __________________________ |
0.01 |
Chromium __________________________ |
0.05 |
Lead __________________________ |
0.05 |
Mercury __________________________ |
0.002 |
Selenium __________________________ |
0.01 |
Silver __________________________ |
0.05 |
Endrin __________________________ |
0.0002 |
Lindane __________________________ |
0.004 |
Methoxychlor __________________________ |
0.1 |
Toxaphene __________________________ |
0.005 |
2,4-D __________________________ |
0.1m |
2,4,5-TP Silvex __________________________ |
0.01 |
1Milligrams per liter.
(b) The department will
establish an alternate concentration limit for a dangerous constituent if it
finds that the constituent will not pose a substantial present or potential
hazard to human health or the environment as long as the alternate
concentration limit is not exceeded. In establishing alternate concentration
limits, the department will consider the same factors listed in subsection
(4)(b)(i) through (iii) of this section.
(6) Point of compliance.
(a) The department will specify in the
facility permit the point of compliance at which the groundwater protection
standard of subsection (3) of this section, applies and at which monitoring
must be conducted. The point of compliance is a vertical surface located at the
hydraulically down-gradient limit of the waste management area that extends
down into the uppermost aquifer underlying the regulated units. Alternatively,
the point of compliance may be any closer points identified by the department
at the time the permit is issued, considering the risks of the facility, the
wastes and constituents managed there, the potential for waste constituents to
have already migrated past the alternate compliance point, and the potential
threats to ground and surface waters.
(b) The waste management area is the limit
projected in the horizontal plane of the area on which waste will be placed
during the active life of a regulated unit. The waste management area includes
horizontal space taken up by any liner, dike, or other barrier designed to
contain waste in a regulated unit. If the facility contains more than one
regulated unit, the waste management area is described by an imaginary line
circumscribing the several regulated units.
(7) Compliance period.
(a) The department will specify in the
facility permit the compliance period during which the groundwater protection
standard of subsection (3) of this section applies. The compliance period is
the number of years equal to the active life of the waste management area
(including any waste management activity prior to permitting, and the closure
period).
(b) The compliance period
begins when the owner or operator initiates a compliance monitoring program
meeting the requirements of subsection (10) of this section.
(c) If the owner or operator is engaged in a
corrective action program at the end of the compliance period specified in (a)
of this subsection, the compliance period is extended until the owner or
operator can demonstrate that the ground-water protection standard of
subsection (3) of this section, has not been exceeded for a period of three
consecutive years.
(8)
General groundwater monitoring requirements.
The owner or operator must comply with the requirements of this
subsection for any groundwater monitoring program developed to satisfy
subsections (9), (10), or (11) of this section.
(a) The groundwater monitoring system must
consist of a sufficient number of wells, installed at appropriate locations and
depths to yield groundwater samples from the uppermost aquifer that:
(i) Represent the quality of background
groundwater that has not been affected by leakage from a regulated unit;
A determination of background groundwater quality may include
sampling of wells that are not hydraulically upgradient of the waste management
area where:
(A) Hydrogeologic
conditions do not allow the owner or operator to determine what wells are
hydraulically upgradi-ent; and
(B)
Sampling at other wells will provide an indication of background groundwater
quality that is representative or more representative than that provided by the
upgradient wells; and
(ii) Represent the quality of groundwater
passing the point of compliance.
(iii) Allow for the detection of
contamination when dangerous waste or dangerous constituents have migrated from
the waste management area to the uppermost aquifer.
(b) If a facility contains more than one
regulated unit, separate groundwater monitoring systems are not required for
each regulated unit, provided that provisions for sampling the groundwater in
the uppermost aquifer will enable detection and measurement at the compliance
point of dangerous constituents from the regulated units that have entered the
groundwater in the uppermost aquifer.
(c) All monitoring wells must be cased in a
manner that maintains the integrity of the monitoring well bore hole. This
casing must allow collection of representative groundwater samples. Wells must
be constructed in such a manner as to prevent contamination of the samples, the
sampled strata, and between aquifers and water bearing strata. Wells must meet
the requirements applicable to resource protection wells, which are set forth
in chapter 173-160 WAC, "Minimum standards for construction and maintenance of
wells."
(d) The groundwater
monitoring program must include at a minimum, procedures and techniques for:
(i) Decontamination of drilling and sampling
equipment;
(ii) Sample
collection;
(iii) Sample
preservation and shipment;
(iv)
Analytical procedures and quality assurance; and
(v) Chain of custody control.
(e) The groundwater monitoring
program must include consistent sampling and analytical methods that ensure
reliable groundwater sampling, accurately measure dangerous constituents and
indicator parameters in groundwater samples, and provide a reliable indication
of groundwater quality below the waste management area.
(f) The groundwater monitoring program must
include a determination of the groundwater surface elevation each time
groundwater is sampled.
(g) In
detection monitoring or where appropriate in compliance monitoring, data on
each dangerous constituent specified in the permit will be collected from
background wells and wells at the compliance point(s). The number and kinds of
samples collected to establish background must be appropriate for the form of
statistical test employed, following generally accepted statistical principles.
The sample size must be as large as necessary to ensure with reasonable
confidence that a contaminant release to groundwater from a facility will be
detected. The owner or operator will determine an appropriate sampling
procedure and interval for each hazardous constituent listed in the facility
permit which will be specified in the unit permit upon approval by the
department. This sampling procedure will be:
(i) A sequence of at least four samples,
taken at an interval that assures, to the greatest extent technically feasible,
that an independent sample is obtained, by reference to the uppermost aquifer's
effective porosity, hydraulic conductivity and hydraulic gradient, and the fate
and transport characteristics of the potential contaminants; or
(ii) An alternate sampling procedure proposed
by the owner or operator and approved by the department.
(h) The owner or operator will specify one of
the following statistical methods to be used in evaluating groundwater
monitoring data for each hazardous constituent which, upon approval by the
department, will be specified in the unit permit. The statistical test chosen
must be conducted separately for each dangerous constituent in each well. Where
practical quantification limits (pqls) are used in any of the following
statistical procedures to comply with (i)(v) of this subsection, the pql must
be proposed by the owner or operator and approved by the department. Use of any
of the following statistical methods must be protective of human health and the
environment and must comply with the performance standards outlined in (i) of
this subsection.
(i) A parametric analysis of
variance (ANOVA) followed by multiple comparisons procedures to identify
statistically significant evidence of contamination. The method must include
estimation and testing of the contrasts between each compliance well's mean and
the background mean levels for each constituent.
(ii) An analysis of variance (ANOVA) based on
ranks followed by multiple comparisons procedures to identify statistically
significant evidence of contamination. The method must include estimation and
testing of the contrasts between each compliance well's median and the
background median levels for each constituent.
(iii) A tolerance or prediction interval
procedure in which an interval for each constituent is established from the
distribution of the background data, and the level of each constituent in each
compliance well is compared to the upper tolerance or prediction
limit.
(iv) A control chart
approach that gives control limits for each constituent.
(v) Another statistical test method submitted
by the owner or operator and approved by the department.
(i) Any statistical method chosen under (h)
of this subsection for specification in the unit permit must comply with the
following performance standards, as appropriate:
(i) The statistical method used to evaluate
groundwater monitoring data must be appropriate for the distribution of
chemical parameters or dangerous constituents. If the distribution of the
chemical parameters or dangerous constituents is shown by the owner or operator
to be inappropriate for a normal theory test, then the data should be
transformed or a distribution-free theory test should be used. If the
distributions for the constituents differ, more than one statistical method may
be needed.
(ii) If an individual
well comparison procedure is used to compare an individual compliance well
constituent concentration with background constituent concentrations or a
groundwater protection standard, the test must be done at a Type I error level
no less than 0.01 for each testing period. If a multiple comparisons procedure
is used, the Type I experiment wise error rate for each testing period must be
no less than 0.05; however, the Type I error of no less than 0.01 for
individual well comparisons must be maintained. This performance standard does
not apply to tolerance intervals, prediction intervals, or control
charts.
(iii) If a control chart
approach is used to evaluate groundwater monitoring data, the specific type of
control chart and its associated parameter values must be proposed by the owner
or operator and approved by the department if it finds it to be protective of
human health and the environment.
(iv) If a tolerance interval or a prediction
interval is used to evaluate groundwater monitoring data, the levels of
confidence and, for tolerance intervals, the percentage of the population that
the interval must contain, must be proposed by the owner or operator and
approved by the department if it finds these parameters to be protective of
human health and the environment. These parameters will be determined after
considering the number of samples in the background data base, the data
distribution, and the range of the concentration values for each constituent of
concern.
(v) The statistical method
must account for data below the limit of detection with one or more statistical
procedures that are protective of human health and the environment. Any
practical quantification limit (pql) approved by the department under (h) of
this subsection that is used in the statistical method must be the lowest
concentration level that can be reliably achieved within specified limits of
precision and accuracy during routine laboratory operating conditions that are
available to the facility.
(vi) If
necessary, the statistical method must include procedures to control or correct
for seasonal and spatial variability as well as temporal correlation in the
data.
(j) Groundwater
monitoring data collected in accordance with (g) of this subsection including
actual levels of constituents must be maintained in the facility operating
record. The department will specify in the permit when the data must be
submitted for review.
(9) Detection monitoring program. An owner or
operator required to establish a detection monitoring program under this
subsection must, at a minimum, discharge the responsibilities described in this
subsection.
(a) The owner or operator must
monitor for indicator parameters (e.g., pH, specific conductance, total organic
carbon (TOC), total organic halogen (TOX), or heavy metals), waste
constituents, or reaction products that provide a reliable indication of the
presence of dangerous constituents in groundwater. The department will specify
the parameters or constituents to be monitored in the facility permit, after
considering the following factors:
(i) The
types, quantities, and concentrations of constituents in wastes managed at the
regulated unit;
(ii) The mobility,
stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the waste management area;
(iii) The detectability of indicator
parameters, waste constituents, and reaction products in groundwater;
and
(iv) The concentrations or
values and coefficients of variation of proposed monitoring parameters or
constituents in the groundwater background.
(b) The owner or operator must install a
groundwater monitoring system at the compliance point, as specified under
subsection (6) of this section. The groundwater monitoring system must comply
with subsection (8)(a)(ii), (b), and (c) of this section.
(c) The owner or operator must conduct a
groundwater monitoring program for each chemical parameter and dangerous
constituent specified in the permit pursuant to (a) of this subsection in
accordance with subsection (8)(g) of this section. The owner or operator must
maintain a record of groundwater analytical data as measured and in a form
necessary for the determination of statistical significance under subsection
(8)(h) of this section.
(d) The
department 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 dangerous constituent specified
in the permit under (a) of this subsection in accordance with subsection (8)(g)
of this section.
(e) The owner or
operator must determine the groundwa-ter 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 of dangerous constituent specified in the permit pursuant to
(a) of this subsection at a frequency specified under (d) of this subsection.
(i) In determining whether statistically
significant evidence of contamination exists, the owner or operator must use
the method(s) specified in the permit under subsection (8)(h) of this section.
These method(s) must compare data collected at the compliance point(s) to the
background groundwater quality data.
(ii) The owner or operator must determine
whether there is statistically significant evidence of contamination at each
monitoring well as the compliance point within a reasonable period of time
after completion of sampling. The department 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 groundwater samples.
(g) If the owner or operator determines
pursuant to (f) of this subsection that there is statistically significant
evidence of contamination for chemical parameters or dangerous constituents
specified pursuant to (a) of this subsection at any monitoring well at the
compliance point, he or she must:
(i) Notify
the department of this finding in writing within seven days. The notification
must indicate what chemical parameters or dangerous constituents have shown
statistically significant evidence of contamination:
(ii) Immediately sample the groundwater in
all monitoring wells and determine whether constituents in the Appendix
"Ground-Water Monitoring List" in Chemical Testing Methods for
Designating Dangerous Waste which is incorporated at WAC
173-303-110(3)(c)
are present, and if so, in what
concentration. However, the department, on a discretionary basis, may allow
sampling for a site-specific subset of constituents from the "Ground-Water
Monitoring List" Appendix and other representative/related waste
constituents.
(iii) For any
"Ground-Water Monitoring List" Appendix compounds found in the analysis
pursuant to (g)(ii) of this subsection, the owner or operator may resample
within one month or according to 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 (g)(ii) of this subsection, the
dangerous constituents found during this initial "Ground-Water Monitoring List"
Appendix analysis will form the basis for compliance monitoring.
(iv) Within ninety days, submit to the
department an application for a permit modification to establish a compliance
monitoring program meeting the requirements of subsection (10) of this section.
The application must include the following information:
(A) An identification of the concentration of
any "Ground-Water Monitoring List" Appendix constituent detected in the
groundwater at each monitoring well at the compliance point;
(B) Any proposed changes to the groundwater
monitoring system at the facility necessary to meet the requirements of
subsection (10) of this section;
(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
subsection (10) of this section;
(D) For each dangerous constituent detected
at the compliance point, a proposed concentration limit under subsection
(5)(a)(i) or (ii) of this section, or a notice of intent to seek an alternate
concentration limit under subsection (5)(b) of this section; and
(v) Within one hundred eighty
days, submit to the department:
(A) All data
necessary to justify an alternate concentration limit sought under subsection
(5)(b) of this section; and
(B) An
engineering feasibility plan for a corrective action program necessary to meet
the requirement of subsection (11) of this section unless:
(I) All dangerous constituents identified
under (g)(ii) of this subsection are listed in Table I of subsection (5) of
this section 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 subsection (5)(b) of
this section for every dangerous constituent identified under (g)(ii) of this
subsection.
(vi) If the owner or operator determines,
pursuant to (f) of this subsection, that there is a statistically significant
difference for chemical parameters or dangerous constituents specified pursuant
to (a) of this subsection at any monitoring well at the compliance point, he or
she 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
groundwater. The owner operator may make a demonstration under this subsection
in addition to, or in lieu of, submitting a permit modification application
under (g)(iv) of this subsection; however, the owner or operator is not
relieved of the requirement to submit a permit modification application within
the time specified in (g)(iv) of this subsection unless the demonstration made
under this subsection 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 this subsection, the
owner or operator must:
(A) Notify the
department in writing within seven days of determining statistically
significant evidence of contamination at the compliance point that he intends
to make a demonstration under this subsection;
(B) Within ninety days, submit a report to
the department 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
department an application for a permit modification to make any appropriate
changes to the detection monitoring program facility; and
(D) Continue to monitor in accordance with
the detection monitoring program established under this section.
(h) If the owner or
operator determines that the detection monitoring program no longer satisfies
the requirements of this section, he or she must, within ninety days, submit an
application for a permit modification to make any appropriate changes to the
program.
(10) Compliance
monitoring program. An owner or operator required to establish a compliance
monitoring program under this section must, at a minimum, discharge the
responsibilities described in this subsection.
(a) The owner or operator must monitor the
groundwater to determine whether regulated units are in compliance with the
groundwater protection standard under subsection (3) of this section. The
department will specify the groundwater protection standard in the facility
permit, including:
(i) A list of the dangerous
constituents and parameters identified under subsection (4) of this
section;
(ii) Concentration limits
under subsection (5) of this section for each of those dangerous constituents
and parameters;
(iii) The
compliance point under subsection (6) of this section; and
(iv) The compliance period under subsection
(7) of this section.
(b)
The owner or operator must install a groundwater monitoring system at the
compliance point as specified under subsection (6) of this section. The
groundwater monitoring system must comply with subsection (8)(a)(ii), (b), and
(c) of this section.
(c) The
department will specify the sampling procedures and statistical methods
appropriate for the constituents and the facility, consistent with subsection
(8)(g) and (h) of this section.
(i) The owner
or operator must conduct a sampling program for each chemical parameter or
dangerous constituent in accordance with subsection (8)(g) of this
section.
(ii) The owner or operator
must record groundwater analytical data as measured and in form necessary for
the determination of statistical significance under subsection (8)(h) of this
section for the compliance period of the facility.
(d) The owner or operator must determine
whether there is statistically significant evidence of increased contamination
for any chemical parameter or dangerous constituent specified in the permit,
pursuant to (a) of this subsection, at a frequency specified under (f) of this
subsection.
(i) In determining whether
statistically significant evidence of increased contamination exists, the owner
or operator must use the method(s) specified in the permit under subsection
(8)(h) of this section. The method(s) must compare data collected at the
compliance point(s) to a concentration limit developed in accordance with
subsection (5) of this section.
(ii) The owner or operator must determine
whether there is statistically significant evidence of increased contamination
at each monitoring well at the compliance point within a reasonable time period
after completion of sampling. The department will specify that time period in
the facility permit, after considering the complexity of the statistical test
and the availability of laboratory facilities to perform the analysis of
groundwater samples.
(e)
The owner or operator must determine the rate and direction of groundwater flow
in the uppermost aquifer at least annually.
(f) The department will specify the
frequencies for collecting samples and conducting statistical tests to
determine statistically significant evidence of increased contamination in
accordance with subsection (8)(g) of this section.
(g) Annually, the owner or operator must
determine whether additional dangerous waste constituents from the Appendix
"Ground-Water Monitoring List" in Chemical Testing Methods for
Designating Dangerous Waste (which is incorporated at WAC
173-303-110(3)(c)
), which could possibly be present but are
not on the detection monitoring list in the permit, are actually present in the
uppermost aquifer and, if so, at what concentration, pursuant to procedures in
(f) of this subsection. To accomplish this, the owner or operator must consult
with the department to determine on a case-by-case basis: Which sample
collection event during the year will involve enhanced sampling; the number of
monitoring wells at the compliance point to undergo enhanced sampling; the
number of samples to be collected from each of these monitoring wells; and the
specific constituents from the "Ground-Water Monitoring List" Appendix for
which these samples must be analyzed. If the enhanced sampling event indicates
that "Ground-Water Monitoring List" Appendix constituents are present in the
groundwater that are not already identified in the permit as monitoring
constituents, the owner or operator may resample within one month or at an
alternative site-specific schedule approved by the department, and repeat the
analysis. If the second analysis confirms the presence of new constituents, the
owner or operator must report the concentration of these additional
constituents to the department within seven days after the completion of the
second analysis and add them to the monitoring list. If the owner or operator
chooses not to resample, then he or she must report the concentrations of these
additional constituents to the department within seven days after completion of
the initial analysis, and add them to the monitoring list.
(h) If the owner or operator determines,
pursuant to (d) of this subsection, that any concentration limits under
subsection (5) of this section are being exceeded at any monitoring well at the
point of compliance, he must:
(i) Notify the
department of this finding in writing within seven days. The notification must
indicate what concentration limits have been exceeded;
(ii) Submit to the department an application
for a permit modification to establish a corrective action program meeting the
requirements of subsection (11) of this section, within ninety days, or within
sixty days if an engineering feasibility study has been previously submitted to
the department under subsection (9)(h)(v) of this section. For regulated units
managing EHW, time frames of sixty days and forty-five days, respectively will
apply. However, if the department finds that the full extent of the
ninety/sixty-day or the sixty/forty-five-day time periods will increase the
likelihood to cause a threat to public health, or the environment, it can at
its discretion reduce their duration. In specifying shorter limits, the
department will consider the following factors:
(A) The physical and chemical characteristics
of the dangerous constituents and parameters in the groundwater;
(B) The hydrogeological characteristics of
the facility and of the surrounding land;
(C) The rate of movement and direction of
flow of the affected groundwater;
(D) The proximity to and withdrawal rates of
groundwa-ter users downgradient; and
(E) The current and future uses of
groundwater in the concerned area; and
(iii) The application must at a minimum
include the following information:
(A) A
detailed description of corrective actions that will achieve compliance with
the groundwater protection standard specified in the permit under (a) of this
subsection; and
(B) A plan for a
groundwater monitoring program that will demonstrate the effectiveness of the
corrective action. Such a groundwater monitoring program may be based on a
compliance monitoring program developed to meet the requirements of this
subsection.
(i) If the owner or operator determines,
pursuant to (d) of this subsection, that the groundwater concentration limits
under this section are being exceeded at any monitoring well at the point of
compliance, 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
groundwater. In making a demonstration under this subsection, the owner or
operator must:
(i) Notify the department in
writing within seven days that he intends to make a demonstration under this
subsection;
(ii) Within forty-five
days, submit a report to the department which demonstrates that a source other
than a regulated unit caused the standard to be exceeded or that the apparent
noncompliance with the standards resulted from error in sampling, analysis, or
evaluation;
(iii) Within forty-five
days, submit to the department an application for a permit modification to make
appropriate changes to the compliance monitoring program at the facility;
and
(iv) Continue to monitor in
accord with the compliance monitoring program established under this
section.
(j) If the
owner or operator determines that the compliance monitoring program no longer
satisfies the requirements of this section, he must, within forty-five days,
submit an application for a permit modification to make any appropriate changes
to the program.
(11)
Corrective action program. An owner or operator required to establish a
corrective action program under this section must, at a minimum, discharge the
responsibilities described in this subsection.
(a) The owner or operator must take
corrective action to ensure that regulated units are in compliance with the
groundwater protection standard under subsection (3) of this section. The
department will specify the groundwater protection standard in the facility
permit, including:
(i) A list of the dangerous
constituents and parameters identified under subsection (4) of this
section;
(ii) Concentration limits
under subsection (5) of this section, for each of those dangerous constituents
and parameters;
(iii) The
compliance point under subsection (6) of this section; and
(iv) The compliance period under subsection
(7) of this section.
(b)
The owner or operator must implement a corrective action program that prevents
dangerous constituents and parameters from exceeding their respective
concentration limits at the compliance point by removing the dangerous waste
constituents and parameters or treating them in place. The permit will specify
the specific measures that will be taken.
(c) The owner or operator must begin
corrective action within a reasonable time period after the groundwater
protection standard is exceeded. The department will specify that time period
in the facility permit. If a facility permit includes a corrective action
program in addition to a compliance monitoring program, the permit will specify
when the corrective action will begin and such a requirement will operate in
lieu of subsection (10)(i)(ii) of this section.
(d) In conjunction with a corrective action
program, the owner or operator must establish and implement a groundwa-ter
monitoring program to demonstrate the effectiveness of the corrective action
program. Such a monitoring program may be based on the requirements for a
compliance monitoring program under subsection (10) of this section, and must
be as effective as that program in determining compliance with the groundwater
protection standard under subsection (3) of this section, and in determining
the success of a corrective action program under (e) of this subsection, where
appropriate.
(e) In addition to the
other requirements of this section, the owner or operator must conduct a
corrective action program to remove or treat in place any dangerous
constituents or parameters under subsection (4) of this section, that exceed
concentration limits under subsection (5) of this section, in groundwater
between the compliance point under subsection (6) of this section, and the
downgradient facility property boundary; and beyond the facility boundary,
where necessary to protect human health and the environment, unless the owner
or operator demonstrates to the satisfaction of the department that, despite
the owner's or operator's best efforts, the owner or operator was unable to
obtain the necessary permission to undertake such action. The owner/operator is
not relieved of all responsibility to clean up a release that has migrated
beyond the facility boundary where off-site access is denied. On-site measures
to address such releases will be determined on a case-by-case basis. For a
facility seeking or required to have a permit, the corrective action measures
to be taken must be specified in the permit.
(i) Corrective action measures under this
subsection must be initiated at the effective date of the modified permit and
completed without time delays considering the extent of
contamination.
(ii) Corrective
action measures under this subsection may be terminated once the concentration
of dangerous constituents and parameters under subsection (4) of this section,
is reduced to levels below their respective concentration limits under
subsection (5) of this section.
(f) The owner or operator must continue
corrective action measures during the compliance period to the extent necessary
to ensure that the groundwater protection standard is not exceeded. If the
owner or operator is conducting corrective action at the end of the compliance
period, he must continue that corrective action for as long as necessary to
achieve compliance with the groundwater protection standard. The owner or
operator may terminate corrective action measures taken beyond the period equal
to the active life of the waste management area (including the closure period)
if he can demonstrate, based on data from the groundwater monitoring program
under (d) of this subsection, that the groundwater protection standard of
subsection (3) of this section, has not been exceeded for a period of three
consecutive years.
(g) The owner or
operator must report in writing to the department on the effectiveness of the
corrective action program. The owner or operator must submit these reports
semi-annually.
(h) If the owner or
operator determines that the corrective action program no longer satisfies the
requirements of this section, he must, within forty-five days, submit an
application for a permit modification to make any appropriate changes to the
program.
(12) Use of the
Model Toxics Control Act.
(a) The department
may require the owner/operator of a facility to fulfill his corrective action
responsibilities under WAC
173-303-645 using an enforceable
action issued pursuant to the Model Toxics Control Act, as amended,
(chapter
70.105D RCW) and its
implementing regulations.
(b)
Corrective action requirements imposed by an action issued pursuant to the
Model Toxics Control Act will be in compliance with the requirements of WAC
173-303-645 and the requirements
of chapter 173-303 WAC to the extent required by
RCW
70.105D.030(2)(d) and WAC
173-340-710.
(c) In the case of facilities seeking or
required to have a permit under the provisions of this chapter the department
will incorporate corrective action requirements imposed pursuant to the Model
Toxics Control Act into permits at the time of permit issuance. Such
incorporation will in no way affect the timing or scope of review of the Model
Toxics Control Act action.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-645, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-645, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-645, filed 3/13/03, effective 4/13/03. Statutory
Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-645, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-645, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-645, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3
and RCRA § 3006 ( 42 U.S.C. 3251 ). 91-07-005 (Order 90-42), §
173-303-645, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 89-02-059
(Order 88-24), § 173-303-645, filed 1/4/89; 84-09-088 (Order DE 83-36),
§ 173-303-645, filed 4/18/84.