329 IAC 10-21-9 Demonstration that a statistically significant increase or contamination is not attributable to a municipal solid waste land disposal facility unit

Sec. 9. (a) If a verified statistically significant increase in a constituent concentration has occurred, the owner, operator, or permittee may demonstrate that the verified statistically significant increase was caused by: (1) a source other than the MSWLF unit; (2) an error in sampling technique, laboratory analysis, or statistical evaluation; or (3) natural variation in ground water quality. (b) If the owner, operator, or permittee intends to make a demonstration under this section, the owner, operator, or permittee shall submit, within fourteen (14) days of verifying a statistically significant increase, a plan that describes: (1) the general approach that will demonstrate that the MSWLF unit did not cause the verified statistical increase; and (2) a schedule to complete the demonstration. Based on previous ground water data and the thoroughness of the plan submitted under subdivision (1), the commissioner may modify the proposed schedule. (c) If a demonstration is approved by the commissioner, the owner, operator, or permittee may continue detection ground water monitoring or assessment ground water monitoring, whichever is applicable. (d) If a demonstration is not approved based on items listed in subsection (a), or the demonstration is not submitted within the time frame specified in subsection (b)(2), then the owner, operator, or permittee shall initiate either an assessment ground water monitoring program or a corrective action program, whichever program is applicable. The owner, operator, or permittee may continue the demonstration process while implementing an assessment ground water monitoring program or a corrective action program, whichever is applicable. If, subsequently, the extended demonstration process proves that the MSWLF unit is not the source of the verified statistically significant increase, the MSWLF unit may return to detection monitoring or assessment monitoring provided there have been no other verified statistically significant increases. (e) The detection monitoring program or the assessment monitoring program, whichever is applicable, must be continued throughout the demonstration period identified in subsection (b)(2). (f) The commissioner shall consider that a statistically significant increase is attributable to the MSWLF unit if the owner, operator, or permittee chooses not to demonstrate pursuant to this section.