(i) Except as provided in paragraph (b)(i)(A)
of this section, landfill operators shall comply with the following groundwater
monitoring requirements:
(A) Applicability:
(I) The Administrator may suspend the
groundwater monitoring requirements of paragraph (B) of this section if the
owner or operator demonstrates that there is no potential for migration of
constituents from the facility or unit to the uppermost aquifer. This
demonstration must be made by a qualified scientist or engineer, and must
consider:
(1.) Site-specific field
measurements, and information about the specific wastes to be disposed at the
facility or unit; and
(2.)
Contaminant fate and transport predictions which maximize contaminant migration
and consider impacts on human health and the environment.
(II) Once established at a facility or unit,
the groundwater monitoring program shall be conducted throughout the active
life and post-closure care period.
(III) The Administrator may establish an
alternate schedule for compliance with any deadline specified in paragraphs
(b)(i)(B), (b)(i)(C), (b)(i)(D), (b)(i)(E), or (b)(i)(F) of this
section.
(B) Groundwater
monitoring systems:
(I) A groundwater system
must be installed which consists of a sufficient number of wells to monitor
water from the uppermost aquifer which may be affected by leakage from the
facility or unit. The system must be capable of monitoring the quality of
background groundwater and groundwater passing the relevant point of compliance
pursuant to Section 7(f). Well locations must be approved by the Administrator,
and downgradient wells shall be placed in locations within 150 meters (492
feet) of the waste management unit boundary on land owned, leased, or otherwise
controlled by the operator.
(II)
The Administrator may approve a groundwater monitoring system designed to
monitor groundwater from the facility, in lieu of individual waste disposal
units, if the system is determined to be capable of adequately detecting
groundwater pollution. In approving a facility-wide groundwater monitor system,
the Administrator shall consider:
(1.) Number,
spacing, and orientation of the individual waste units;
(2.) Hydrologic setting;
(3.) Site history and design; and
(4.) Type of waste accepted at the individual
waste units.
(III) The
design of the groundwater monitoring system must be based on site-specific
information on aquifer thickness, aquifer properties, groundwater flow
direction and rate (including seasonal variations), and on geologic information
on the soils, any aquitards, aquicludes, or confining formations, at the site.
The design of the system must be approved by the Administrator.
(C) Groundwater sampling and
analysis requirements:
(I) Each facility must
have an approved groundwater sampling and analytical plan and maintain that
plan as a part of the facility permit application. The plan must address:
(1.) Sample collection;
(2.) Sample preservation and
shipment;
(3.) Analytical
procedures;
(4.) Chain of custody
control; and
(5.) Quality assurance
and quality control.
(II) The groundwater sampling and analysis
methods must be appropriate and accurate. Sample handling procedures shall be
as required by the Administrator. Groundwater samples shall not be field
filtered prior to laboratory analysis, although an operator may choose to
collect additional filtered samples. Water temperature, specific conductance,
and pH shall also be measured in the field during each monitoring
event.
(III) Groundwater elevations
must be measured in each well prior to purging for sample collection, each time
groundwater is sampled. The owner or operator must determine groundwater flow
direction at each sampling event. The owner or operator must measure or
calculate groundwater flow rate(s) as appropriate to establish an adequate
groundwater monitoring system, or when requested to do so by the
Administrator.
(IV) The owner or
operator must establish background water quality in a hydraulically upgradient
or other background well approved by the Administrator.
(V) Prior to conducting the statistical
analysis of groundwater data, the owner or operator shall collect a sufficient
number of samples to meet the requirements of the statistical analysis
procedure selected.
(VI) The owner
or operator must include in the permit application a description of the
statistical method(s) to be used to evaluate groundwater quality data. The
statistical test shall be conducted separately for each constituent in each
well. The owner or operator may select any of the following statistical
analysis procedures:
(1.) A parametric
analysis of variance 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;
(2.) An analysis of variance 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;
(3.) A tolerance or prediction interval
procedure in which an interval for each distribution of the background data,
and the level of each constituent in each compliance well is compared to the
upper tolerance or prediction limit;
(4.) A control chart approach that gives
control limits for each constituent; or
(5.) Another statistical method approved by
the Administrator.
(VII)
Any statistical method chosen under paragraph (b)(i)(C)(VI) of this section
shall comply with the following performance standards:
(1.) The method shall be appropriate for the
distribution of chemical parameters or constituents. If the distribution is not
normal, then the data should be transformed or a distribution-free theory test
should be used. If the distributions for different constituents differ, more
than one statistical method may be needed;
(2.) 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 shall 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 shall 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;
(3.) 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 approved by the
Administrator;
(4.) 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, shall be approved by the
Administrator;
(5.) Any data
reported as below detection limits shall be entered into the statistical
analysis as a value equal to one-half the practical quantitation limit (PQL)
for the constituent unless the Administrator approves alternate statistical
procedures. The PQL shall 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. A
statistical evaluation is not necessary when all concentrations for a
constituent are reported below the PQL. Samples reported with estimated
concentrations shall be treated as valid measurements for statistical purposes;
and
(6.) If approved by the
Administrator, the statistical method may include procedures to adjust data to
account for seasonal and spatial variability, as well as temporal
correlation.
(VIII) The
owner or operator must determine whether or not there is a statistically
significant increase over background values as follows:
(1.) The owner or operator must compare the
groundwater quality of each parameter or constituent at each monitoring well
using the approved statistical method; and
(2.) Within thirty (30) days after completing
sampling and analysis, unless an alternate time frame is approved by the
administrator, the owner or operator must determine whether there has been a
statistically significant increase over background at each monitoring
well.
(D)
Detection monitoring:
(I) Each facility shall
institute a detection monitoring program by sampling each well at least
semiannually, and testing each sample for the constituents specified in
Appendix A and C, unless the Administrator:
(1.) Deletes a constituent because the owner
or operator shows that it is not likely to be contained in or derived from the
waste disposed at the facility or unit;
(2.) Establishes an alternate list of
inorganic indicator parameters in lieu of some or all of the heavy metals, if
the alternative parameters provide a reliable indication of inorganic releases
from the facility or unit, considering the following factors:
a. The types, quantities, and concentrations
of constituents in wastes managed at the facility or unit;
b. The mobility, stability, and persistence
of waste constituents or their reaction products in the unsaturated zone
beneath the facility or unit;
c.
The detectability of indicator parameters, waste constituents, and reaction
products in the groundwater; and
d.
The concentration or values and coefficients of variation of monitoring
parameters or constituents in the groundwater background; or
(3.) Determines that a different,
but no less frequent than annual, monitoring schedule is appropriate,
considering the following factors:
a.
Lithology of the aquifer and unsaturated zone;
b. Hydraulic conductivity of the aquifer and
unsaturated zone;
c. Groundwater
flow rates;
d. Minimum distance
between the edge of the waste boundary at the facility or unit and the
downgradient monitor well(s); and
e. The classification of the
aquifer.
(II)
A minimum of four (4) individual samples is required to be collected and
analyzed from each well (background and downgradient) during the first year of
sampling. At least one (1) sample must be collected and analyzed from each well
during subsequent sampling events.
(III) If there is a statistically significant
increase over background for one or more Appendix A constituents in any well at
the relevant point of compliance established by the Administrator pursuant to
Section 7(f), the operator must:
(1.) Notify
the Administrator in a written report with supporting documentation and place a
copy of the report in the facility operating record within fourteen (14) days
and start assessment monitoring within ninety (90) days; or
(2.) Demonstrate to the Administrator in
writing that the statistically significant increase over background is not due
to the solid waste disposal facility or unit, but that the difference is due to
another source of pollution, error in sampling, analysis or statistical
evaluation, or natural variation in groundwater quality. The owner or operator
shall prepare a report documenting this demonstration, and following approval
by the Administrator, place the report in the operating record for the
facility. If the report is approved, the owner or operator shall continue
detection monitoring. If, after ninety (90) days, a successful demonstration is
not made, the owner or operator must initiate an assessment monitoring
program.
(E)
Assessment monitoring for Appendix B constituents:
(I) Assessment monitoring is required
whenever a statistically significant increase over background water quality has
been detected for an Appendix A constituent.
(II) Within ninety (90) days of triggering an
assessment monitoring requirement, and annually thereafter, the owner or
operator must sample and analyze all downgradient monitor wells for all
Appendix B constituents. A minimum of one (1) sample from each downgradient
well must be collected during each annual sampling event. If any Appendix B
constituent is detected for the first time in any downgradient well, the owner
or operator must promptly collect a minimum of four (4) additional independent
samples from each background and downgradient well. These samples must be
analyzed for each Appendix B constituent which was detected in the initial
assessment monitoring sampling event.
(III) The Administrator may specify an
appropriate subset of wells to be sampled and analyzed during assessment
monitoring, and may delete Appendix B constituents from the monitoring
requirements if it can be shown that the deleted constituents are not
reasonably expected to be contained in or derived from the waste contained in
the facility or unit. The Administrator may also specify an appropriate
alternate frequency for the collection of the additional independent samples
considering 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 the facility or unit and the downgradient monitor
well(s);
(5.) Classification of the
aquifer under Chapter 8 of the Water Quality Rules and Regulations;
and
(6.) Nature (fate and
transport) of any constituents detected under assessment monitoring.
(IV) After obtaining the results
from any assessment monitoring sampling event the owner or operator must:
(1.) Within fourteen (14) days, notify the
Administrator in a written report and place a copy of the report in the
operating record identifying the Appendix B constituents that have been
detected;
(2.) Within ninety (90)
days, and on at least a semiannual basis thereafter, resample all wells,
conduct analyses for all constituents required under detection monitoring of
this section), and for all Appendix B constituents which have been detected
under assessment monitoring , and record their concentrations in the operating
record. At least one (1) sample must be collected from each well during each
sampling event under this paragraph. The Administrator may approve an alternate
sampling frequency, no less than annual, considering the factors in paragraph
(b)(i)(E)(III) of this section;
(3.) Establish background concentrations for
any constituents detected for the first time; and
(4.) Request in writing that the
Administrator establish groundwater protection standards for all constituents
detected.
(V) Within
thirty (30) days after completing sampling and analysis, unless an alternate
time frame is approved by the administrator, the owner or operator must
determine whether there has been a statistically significant increase over
established groundwater protection standards at each monitoring well specified
by the Administrator.
(VI) If the
concentrations of all Appendix B constituents are at or below background values
using the approved statistical procedures, for two (2) consecutive sampling
events, the owner or operator must notify the Administrator in writing and may
return to detection monitoring.
(VII) If the concentrations of any Appendix B
constituents are above background values, but all concentrations are below the
groundwater protection standard, using the approved statistical procedures, the
owner or operator must continue assessment monitoring.
(VIII) If one (1) or more Appendix B
constituents are detected at statistically significant levels above the
groundwater protection standard in any sampling event, the owner or operator
must, within fourteen (14) days of this finding notify the Administrator of the
constituents detected above the groundwater protection standard in a written
report with supporting documentation, place a copy of the report in the
operating record, and notify all appropriate, as determined by the
administrator, local government officials in writing, and:
(1.) Characterize the nature and extent of
the release by installing additional monitor wells as necessary;
(2.) Install at least one (1) additional
monitor well at the facility boundary downgradient of the release and sample
the well in accord with paragraph (b)(i)(E)(IV)(2.) of this section;
(3.) Notify all persons who own or reside on
the land that directly overlies any part of the plume of contamination, if that
plume has migrated off-site; and
(4.) Initiate an assessment of corrective
measures within ninety (90) days; or
(5.) Demonstrate to the Administrator in
writing that the contamination was caused by another source, resulted from an
error in sampling, analysis or statistical evaluation, or from natural
variation in groundwater quality. The owner or operator shall prepare a report
documenting this demonstration, and following approval by the Administrator,
place the report in the operating record. If a successful demonstration is
made, the owner or operator must continue monitoring under the assessment
monitoring program, or may return to detection monitoring if all Appendix B
constituents are at or below background. Until a successful demonstration is
made, the owner or operator must comply with paragraph (b)(i)(E)(VII) of this
section including initiating an assessment of corrective measures under Section
14 of this chapter.
(IX)
The owner or operator must request in writing that the Administrator establish
a groundwater protection standard for each Appendix B constituent detected in
the groundwater. The Administrator shall establish groundwater protection
standards, which shall be:
(1.) For
constituents where a maximum contaminant level (MCL) has been promulgated, the
MCL for that constituent;
(2.) For
constituents for which MCLs have not been promulgated, the background
concentration; or
(3.) For
constituents for which the background level is higher than the MCL or
health-based levels, the background concentration.
(X) The Administrator may establish an
alternative groundwater protection standard for constituents for which MCLs
have not been established. These groundwater protection standards shall be
health-based levels meeting the requirements of Chapter 8 of the Water Quality
Rules and Regulations.
(F) Assessment monitoring for Appendix C
constituents:
(I) Whenever there is a
statistically significant increase over background for an Appendix C
constituent with an MCL or a class of use based limit in the Wyoming Water
Quality Rules and Regulations, the owner or operator shall:
(1.) Notify the Administrator in a written
report with supporting documentation and place a copy of the report in the
operating record within fourteen (14) days of the finding of statistical
significance.
(2.) Request that the
Administrator classify groundwater according to Wyoming Water Quality Rules and
Regulations and establish groundwater protection standards for applicable
Appendix C constituents.
(II) After groundwater protection standards
have been established, within thirty (30) days after completing sampling and
analysis, unless an alternate time frame is approved by the administrator, the
owner or operator shall determine if there has been a statistically significant
increase over a groundwater protection standard in each downgradient well
specified by the Administrator using a statistical method approved by the
Administrator.
(III) If one or more
Appendix C constituents are detected at statistically significant levels above
the groundwater protection standard, the owner or operator shall within
fourteen (14) days notify the Administrator of the constituents detected above
the groundwater protection standard in a written report with supporting
documentation.
(1.) Unless the owner or
operator demonstrates that the statistically significant increase was caused by
another source, resulted from an error in sampling, analysis, or statistical
evaluation, or from natural variation in groundwater quality, the Administrator
may require the owner or operator to characterize the nature and extent of the
release.
(2.) The owner or operator
may be required to conduct an assessment of corrective measures and institute
corrective actions approved by the Administrator.