(i) Industrial landfills shall comply with
the following groundwater monitoring requirements:
(A) Applicability:
(I) Once established at a facility or unit,
the groundwater monitoring program required under this Section shall be
conducted throughout the active life and post-closure care period, unless
modified by the Administrator.
(II)
The Administrator may establish an alternate schedule for compliance with any
deadline specified in paragraphs (b)(i)(B) through (E) of this
Section.
(III) The Administrator
may suspend the groundwater monitoring requirements of this Section if the
operator demonstrates that there is no potential for migration of hazardous
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 solid 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.
(IV) The groundwater monitoring
requirements of this Section do not apply to:
(1.) Industrial landfills which ceased
receiving solid wastes before January 1, 1998;
(2.) Industrial landfills which do not
receive very small quantity generator (VSQG) hazardous wastes; or
(3.) Industrial landfills which accept less
than twenty tons of solid waste per day (annual average) for disposal, have no
evidence of existing groundwater contamination, serve communities that have no
practicable solid waste management alternatives and are located in an area that
receives less than or equal to twenty-five inches of precipitation
annually.
(B)
Groundwater monitoring systems:
(I) A
groundwater monitoring system must be installed with a sufficient number of
groundwater monitoring wells to monitor water from the uppermost aquifer that
may be affected by leakage from the facility. The system must be capable of
monitoring the background water quality and groundwater passing the relevant
point of compliance pursuant to Section
7(g) of this Chapter.
Groundwater monitoring well locations must be approved by the Administrator,
and downgradient groundwater monitoring wells shall be placed in locations
within 150 meters (492 feet) of the solid 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 solid waste disposal units, if the system is
determined to be capable of adequately detecting groundwater pollution. In
approving a facility-wide groundwater monitoring system, the Administrator
shall consider:
(1.) Number, spacing, and
orientation of the individual solid waste units at the facility;
(2.) Hydrologic setting;
(3.) Site history and design; and
(4.) Type of solid waste accepted at the
individual solid 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), soil information, and 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 shall meet the requirements of Chapter 2,
Section 9(b)(i)(C)(I) through
(VII).
(D) Detection monitoring:
(I) Each facility shall institute a detection
monitoring program by sampling each groundwater monitoring well at least
semiannually and testing each sample for the constituents specified in Appendix
A, unless the Administrator:
(1.) Deletes a
constituent because the operator shows that it is not likely to be present in
the solid waste disposed at the facility;
(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 solid wastes managed at the facility or unit;
b. The mobility, stability, and persistence
of solid waste constituents or their reaction products in the
groundwater;
c. The detectability
of indicator parameters, solid 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
solid waste boundary at the facility or unit and the downgradient groundwater
monitoring well(s); and
e. The
classification of the aquifer under Chapter 8 of the Water Quality
Rules.
(II) A
minimum of four individual samples must be collected and analyzed from each
groundwater monitoring well (background and downgradient) during the first year
of sampling. At least one sample must be collected and analyzed from each
groundwater monitoring well during subsequent sampling events.
(III) If a statistically significant
difference in water quality between background and any groundwater monitoring
well at the relevant point of compliance is detected, 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 days and start assessment monitoring
within ninety days; or
(2.)
Demonstrate to the Administrator 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 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 operator shall continue
detection monitoring. If, after ninety days, a successful demonstration is not
made, the operator must initiate an assessment monitoring program.
(E) Assessment
monitoring:
(I) Assessment monitoring is
required whenever a statistically significant increase over background water
quality has been detected, subject to the exception in paragraph
(b)(i)(D)(III)(2.) of this Section.
(II) Within ninety days of triggering an
assessment monitoring requirement, and annually thereafter, the operator must
sample and analyze all downgradient groundwater monitoring wells for all
Appendix B constituents. A minimum of one sample from each downgradient
groundwater monitoring well must be collected during each annual sampling
event. If any Appendix B constituent is detected for the first time in any
downgradient groundwater monitoring well, the owner or operator must promptly
collect a minimum of four 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 groundwater monitoring 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
solid 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
and the downgradient groundwater monitoring well(s);
(5.) Classification of the aquifer under
Chapter 8 of the Water Quality Rules; 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 operator must:
(1.) Within fourteen 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 days,
and on at least a semiannual basis thereafter, resample all groundwater
monitoring wells, conduct analyses for all constituents required under
detection monitoring of this Section, and for all Appendix B constituents that
have been detected under assessment monitoring, and record their concentrations
in the operating record. At least one must be collected from each groundwater
monitoring 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 days after completing sampling and analysis, unless an alternate
time-frame is approved by the Administrator, the operator must determine
whether there has been a statistically significant increase over established
groundwater protection standards at each groundwater monitoring well specified
by the Administrator.
(VI) If the
concentrations of all Appendix B constituents are at or below background values
for two consecutive sampling events, the operator must notify the Administrator
and may return to detection monitoring under this Section.
(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
operator must continue assessment monitoring.
(VIII) If one or more Appendix B constituents
are detected at statistically significant levels above the groundwater
protection standard in any sampling event, the operator must, within fourteen
days of this finding, notify the Administrator of the constituents detected
above the groundwater protection standard in a written report with supporting
documentation and place a copy of the report in the operating record. The
operator must notify all local government officials in writing, as determined
by the Administrator, and:
(1.) Characterize
the nature and extent of the release by installing additional groundwater
monitoring wells as necessary;
(2.)
Install at least one additional groundwater monitoring well at the facility
boundary downgradient of the release and sample the groundwater monitoring well
in accordance 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 a plume of contamination that
migrated off-site; and
(4.)
Initiate an assessment of corrective measures within ninety days; or
(5.) Demonstrate to the Administrator in
writing that the contamination was caused by another source or resulted from an
error in sampling, analysis or statistical evaluation, or from natural
variation in groundwater quality. The 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 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
operator must comply with paragraph (b)(i)(E)(VIII) of this Section including
initiating an assessment of corrective measures under Section
13 of this Chapter.
(IX) The 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 for such constituents, 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 level established
under subsection (b)(i)(E)(X), 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. For constituents where a MCL does not exist, the
alternative groundwater protection standard shall be the more stringent
standard meeting the requirements of Water Quality Rules, Chapter 8, Table 1
based on groundwater class of use or the Drinking Water Equivalent Level as
determined by the procedures found in the Storage Tank Rules Chapter 1, Section
39(e).