HAR §11-58.1-16. sampling events

The director may specify an appropriate alternative frequency for repeated sampling and analysis for Appendix I constituents, or the alternative list approved in accordance with paragraph (1) (B), during the active life (including closure) and the post-closure care period. The alternative frequency during the active life (including closure) shall be no less than annual. The alternative frequency shall be based on consideration of the following factors: (A) Lithology of the aquifer and unsaturated zone; (B) Hydraulic conductivity of the aquifer and unsaturated zone; (C) Ground-water trow rates; (D) Minimum distance between upgradient edge of the MSWLF unit and downgradient monitoring well screen (minimum distance of travel); and (E) Resource value of the aquifer. (3) If the owner or operator determines, pursuant to subsection (c) (7), that there is a statistically significant increase over background for one or more of the constituents listed in Appendix I or in the alternative list approved in accordance with paragraph (1) (B), at any monitoring well at the boundary specified under subsection (b) (1) (B), the owner or operator: (A) Must, within twenty-four hours of this finding, place a notice in the operating record indicating which constituents have shown statistically significant changes from background levels, and notify the director that this notice was placed in the operating record; and (B) Must establish an assessment monitoring program meeting the requirements of subsection (e) within ninety days except as provided for· in subparagraph (C) • (C) The owner or operator may demonstrate that a source other than a MSWLF unit caused the contamination or that the statistically significant increase resulted from error in 58.1-52 1717 ·• ◄ I \ §11-58.1-16 sampling, analysis, statistical evaluation, or natural variation in ground water quality. A report documenting this demonstration must be certified by a qualified ground water scientist or approved by the director and be placed in the operating record. If a successful demonstration is made and documented, the owner or operator may continue detection monitoring as specified in this section. If, after ninety days, a successful demonstration is not made, the owner or operator must initiate an assessment monitoring program as required in subsection (e). (e) Assessment monitoring. (1) Assessment monitoring is required whenever a statistically significant increase over background has been detected for one or more of the constituents listed in Appendix I or in the alternative list approved in accordance with subsection (d) (1) (B). (2) Within ninety days of triggering an assessment monitoring program, and annually thereafter, the owner or operator must sample and analyze the ground water for all constituents identified in Appendix II. A minimum of one sample from each downgradient well must be collected and analyzed during each sampling event. For any constituent detected in the downgradient wells as the result of the complete Appendix II analysis, a minimum of four independent samples from each well (background and downgradient) must be collected and analyzed to establish background for the constituents. The director may specify an appropriate subset of wells to be sampled and analyzed for Appendix II constituents during assessment monitoring. The director may delete any of the Appendix II monitoring parameters for a MSWLF unit if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit. (3) The director may specify an appropriate alternate frequency for repeated sampling and analysis for the full set of Appendix II constituents required by paragraph (2), during the active life (including closure) and post-closure care of the unit considering the following factors: (A) Lithology of the aquifer and unsaturated zone; 58.1-53 17 17 §11-58.1-16 (B) Hydraulic conductivity of the aquifer and unsaturated zone; (C) Ground water flow rates; (D) Minimum distance between the upgradient edge of the MSWLF unit and the downgradient monitoring well screen (minimum distance of travel); (E) Resource value of the aquifer; and (F) Nature (fate and transport) of any· constituents detected in response to this section. (4) After obtaining the results from the initial or subsequent sampling events required in paragraph (2), the owner or operator must: (A) Within twenty-four hours, place a notice in the operating record identifying the Appendix II constituents that have been detected and notify the director that this notice has been placed in the operating record; (B) Within ninety days, and on at least a semiannual basis thereafter, resample all wells specified by subsection (b) (1), conduct analyses for all constituents in Appendix I or in the alternative list approved in accordance with subsection (d) (1) (B), and jor those constituents in Appendix II that are detected in response to paragraph (2), and record their concentrations in the facility operating record. At least one sample from each well (background and downgradient)-must be collected and analyzed during these sampling events. The director may specify an alternative monitoring frequency during the active life (including closure) and the post-closure period for the constituents referred to in this paragraph. The alternative frequency for Appendix I constituents, or the alternative list approved in accordance with subsection (d) (1) (B), during the active life (including closure) shall be no less than annual. The alternative frequency shall be based on consideration of the factors specified in paragraph (3); 58.1-54 1717 i §11-58.1-16 (C) Establish background concentrations for any constituents detected pursuant to paragraph (2) or ( 4) (B); and (D) Establish ground water protection standards for all constituents detected pursuant to paragraph (2) or (4). The ground water protection standards shall be established in accordance with paragraph (8) or (9) • (5) If the concentrations of all Appendix II constituents are shown to be at or below background values, using the statistical procedures in subsection (c) (7), for two consecutive sampling events, the owner or operator must notify the director of this finding and may return to detection monitoring. · (6) If the concentrations of any Appendix II constituents are above background values, but all concentrations are below the ground water protection standard established under paragraph (8) or (9), using the statistical procedures in subsection (c)(7), the owner or operator must continue assessment monitoring in accordance with this section. (7) If one or more Appendix II constituents are detected at statistically significant levels above the ground water protection standard established under paragraph (8) or (9) in any sampling event, the owner or operator must, within fourteen days of this finding, place a notice in the operating record identifying the Appendix II constituents that have exceeded the ground water protection standard and notify the director and all appropriate local government officials that the notice has been placed in the operating record. The owner or operator also: . (A) (i) Must characterize the nature and extent of the release by installing additional monitoring wells as necessary; (ii) Must install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with paragraph (4) (B); (iii) Must notify all persons who own the land or reside on the land that directly overlies any 58.1-5~ 1717 §11-58.1-16 part of the plume of contamination if contaminants have migrated off-site as indicated by sampling of wells in accordance with paragraph (7)(A); and (iv} Must initiate an assessment of corrective measures as required by subsection (f) within ninety days; or (B} May demonstrate that a source other than a MSWLF unit caused the contamination, or that the SSI resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality~ A report documenting this demonstration must be certified by a qualified ground-water scientist or approved by the director and placed in the operating record. If a successful demonstration is made, the owner or operator must continue monitoring in accordance with the assessment monitoring program pursuant to this subsection, and may return to detection monitoring if the Appendix II constituents are at or below background as specified in paragraph (5). Until a successful demonstration is made, the owner or operator must comply with:paragraph (7) including initiating an assessment· of corrective measures. (8) The owner or operator must establish a ground water protection standard for each Appendix II constituent detected in the ground water. The ground water protection standard shall be: (A) For constituents for which a maximum contaminant level (MCL) has been promulgated under section 1412 of the Safe Drinking Water Act (codified) under 40 CFR part 141, the MCL for that constituent; (B} For constituents for which MCLs have not been promulgated, the background concentration for the constituent established from wells in accordance with subsection (b) (1) (A); or (C) For constituents for which the background level is higher than the MCL identified under subparagraph (A) or health-based levels identified under paragraph (9) (A), the background concentration. 58.1-56 1717 1 §11-58.1-16 (9) The director may establish an alternative ground water protection standard for constituents for which MCLs have not been established. These ground water protection standards shall be appropriate health-based levels that satisfy the following criteria: . (A) (B) (C) (D) The level is derived in a manner consistent with U.S. Environmental Protection Agency (EPA) guidelines for assessing the health risks of environmental pollutants (51 Fed. Reg. 33992, 34006, 34014, 34028, September 24, 1986); The level is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act Good Laboratory Practice Standards (40 CFR part 792) or equivalent; For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level (due to continuous lifetime exposure) with the 1 x 104 to 1 x 10~ range; and For systemic toxicants, the level represents a concentration to which the human population (including sensitive subgroups) could be exposed to on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. For purposes of this section, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation. (10) In establishing ground water protection standards under paragraph (9), the director may consider the following: (A) Multiple contaminants in the ground water; (B) Exposure threats to sensitive environmental receptors; and (C) Other site-specific exposure or potential exposure to ground water. (f) Assessment of corrective measures (1) Within ninety days of finding that any of the constituents listed in Appendix II have been detected at a statistically significant level exceeding the 58.1-57 1717 t §11-58.1-16 ground water protection standards defined under subsection (e) (8) or (e)(9), the owner or operator must initiate an assessment of corrective measures. The assessment must be completed within a reasonable period of time. (2) The owner or operator must continue to monitor in accordance with the assessment monitoring program as specified in subsection (e). (3} The assessment shall include an analysis of the effectiveness of potential corrective measures in meeting all of the ~equirements and objectives of the remedy as described under subsection (g), addressing at least the following: (4} (g} (1} (A} The performance, reliability, ease-of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination; (B} The time required to begin and complete the remedy; (C} The costs of remedy implementation; and (D} The institutional requirements such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(s). The owner or operator must discuss the results of the corrective measures assessment, before the selection of remedy, in a public meeting with.interested and affected parties. Selection of remedy Based on the results of the corrective measures assessment conducted under subsection (f}, the owner or operator must select a remedy that, at a minimum, meets the standards listed in paragraph (2). The owner or operator must notify the director, within fourteen days of selecting a remedy, a report describing the selected remedy has been placed in the operating record and how it meets the standards in paragraph (2). 58.1-58 1717 (_; §11-58.1-16 (2) Remedies must: (A) Be protective of human health and the environment; (B) Attain the ground water protection standard as specified pursuant to subsection (e)(8) or (9); (C) Control the source(s) of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of Appendix II constituents into the environment that.may pose a threat to human health or the environment; and (D) Comply with standards for management of wastes as specified in subsection (h) (4). (3) In selecting a remedy that meets the standards of paragraph (2), the owner or operator shall consider the following evaluation factors: (A) 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: (i) (ii) (iii) (iv) (v) (vi) Magnitude of reduction of existing risks; Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy; The type and degree of long-term management required, including monitoring, operation, and maintenance; 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; Time until full protection is achieved; Potential for exposure of humans and 58.1-59 1717 1 ( §11-58.1-16 environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, redisposal, or contaiiunerrt; (vii) Long-term reliability of the engineering and institutional controls; and (viii) Potential need for replacement of the remedy. (B) The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors: (i) The extent to which containment practices will reduce further releases; (ii) The extent to which treatment technologies may be used. (C) The ease or difficulty of implementing a potential remedy(s) based on consideration of the following types of factors: (i) Degree of difficulty associated with constructing the technology; (ii) Expected operational reliability of the technology; (iii) Need to coordinate with and obtain necessary approvals and permits from other agencies; (iv) Availability of necessary equipment and specialists; and (v) Available capacity and location of needed treatment, storage, and disposal services. (D) Practicable capability of the owner or operator, including a consideration of the technical and economic capability. (E) The degree to which community concerns are addressed by a potential remedy(s). (4) The owner or operator shall specify as part of the selected remedy a sqhedule(s) for initiating and 58.1-60 1711