Environmental Monitoring Requirements

(1) General. The owner or operator shall conduct monitoring of surface water, ground water, landfill gas and any other media as determined by the Department, including without limitation soil and sediment, on a schedule established in the permit or as otherwise required by Department. The owner or operator of facility that submits environmental monitoring results under the provisions of 310 CMR 19.132 shall ensure that analytical and environmental monitoring data submitted to the Department is scientifically valid and defensible, and of a level of precision and accuracy commensurate with its stated or intended use. Compliance with this performance standard includes, but is not limited to: (a) employing procedures and methodologies for the collection and analysis of soil, sediment, water (or other liquids), vapor, air, and/or waste samples that consist of: 1. methods published by the Department, the U.S. Environmental Protection Agency, the American Society for Testing and Materials (ASTM), the American Public Health Association (APHA), the National Institute for Occupational Safety and Health (NIOSH), the American Water Works Association (AWWA), and other organizations with expertise in the development of standardized analytical testing methods; or 2. other methods approved by the Department. (b) retaining a person who is qualified by education, training and experience to perform sample collection and analysis. (2) Surface and Ground Water Monitoring. (a) The owner and operator shall ensure that surface and ground water monitoring are conducted at any active landfill and during the facility's post-closure period set forth in 310 CMR 19.142. (b) The owner or operator of a facility shall conduct surface and ground water monitoring at sampling points established in the permit and/or as required by the Department. The groundwater point of compliance for a landfill shall be no more than 150 meters from the edge of the waste disposal area (as delineated in the facility's current permit specified in the engineering plans referenced in the permit, or as otherwise delineated by the Department), or the property line, whichever is less. (c) The owner or operator shall establish background surface water and ground water quality at sampling points hydraulically upgradient of the landfill. Background water quality shall be determined by a minimum of four quarterly rounds of samples for each of the monitoring parameters or constituents listed in 310 CMR 19.132(2)(h). (d) The owner or operator shall conduct surface and ground water monitoring on a schedule established in the permit or as required by the Department. At a minimum, monitoring shall be performed semi-annually except as required pursuant to 310 CMR 19.132(2)(c), unless the Department approves or orders, in writing, a different frequency of sampling. (e) The Department may refuse to accept monitoring data where: 1. the sample was taken from a ground water monitoring well for which the Department has not received and approved as-built construction plans, boring logs and well locations; 2. the sample was taken from a ground water monitoring well constructed in a manner not approved by the Department; 3. the analyses were performed by a laboratory other than a Massachusetts certified laboratory, unless the sample is accompanied by a complete QA/QC submittal; 4. the sample was not handled in accordance with the sampling and preservation requirements (e.g., sample container, holding time and sample volume) specified by the testing method; 5. the sample was taken from a monitoring device or location that is damaged or has not been maintained in accordance with 310 CMR 19.133; 6. the sample does not contain sufficient documentation regarding chain of custody; 7. the sample was not collected or analyzed in accordance with 310 CMR 19.132(1); or 8. the Department has reason to believe the sampling data is false, inaccurate, incomplete or misleading. (f) The owner or operator shall submit all analytical results to the Department within 60 days after the date of sample collection or as specified in the permit or as otherwise required by the Department. The analytical results shall be summarized in tables with a discussion of the results including a trend analysis. Where the Department provides a form for environmental monitoring reports, the report shall be submitted on that form and shall contain all information as requested by that form. If no form is provided by the Department, the report shall include, unless otherwise approved by the Department, the following information: 1. site plans or maps showing sampling locations, distribution of contaminants, groundwater contours and groundwater flow direction; 2. a letter report briefly summarizing the data and identifying any issues of concern; 3. all field Quality Assurance/Quality Control information; and 4. chain of custody forms. (g) The owner or operator shall record static ground water elevations and total well depth prior to collecting a ground water sample whenever a monitoring well is to be sampled. (h) At a minimum, the owner or operator shall analyze surface and ground water samples for the following parameters, unless otherwise approved by the Department based on review of past monitoring results or other relevant information: 1. Indicator parameters: a. pH (in situ); b. Alkalinity; c. Temperature (in situ); d. Specific Conductance (in situ); e. Nitrate Nitrogen (as Nitrogen); f. Total Dissolved Solids; g. Chloride; h. Calcium; i. Sodium; j. Iron; k. Manganese; and l. Sulfate m. Chemical Oxygen Demand (COD) n. Dissolved Oxygen 2. Inorganics: a. Arsenic; b. Barium; c. Cadmium; d. Chromium e. Copper f. Cyanide; g. Lead; h. Mercury; i. Selenium; j. Silver; and k. Zinc. 3. all of the compounds included in EPA Method 8260, and methyl ethyl ketone, methyl isobutyl ketone, acetone and 1,4 dioxane. In addition, unknown peaks having intensities greater than five times the background intensity shall be identified (Method 8260 is detailed in the EPA publication SW-846, entitled Test Methods for Evaluating Solid Waste); and 4. any additional parameters required by the Department. (i) The owner or operator shall ensure that practical quantitation limits (or laboratory reporting limits) meet or are below the Maximum Contaminant Level (MCL) or applicable standard for each analyte tested. If not, the Department will not accept the data. (j) If the concentrations of any of the parameters listed in 310 CMR 19.132(2)(h) exceed the state or federal drinking water standards, Maximum Contaminant Levels (MCLs), Ambient Water Quality Standards for surface water samples established at 314 CMR 4.00: Massachusetts Surface Water Quality Standards, or alternative standards established in a permit;, or guidelines or standards established by a permit, order or authorization issued by the Department for contaminants for which no federal or state standard exists, at any sampling point, the owner or operator shall: 1. notify the Department within 14 days of the finding; and 2. collect, analyze and submit to the Department another round of samples within 60 days of the prior date of sample collection and determine the concentration of all parameters identified in 310 CMR 19.132(2)(h) that were exceeded unless otherwise specified by the Department. (k) Where the Department determines, at any time, based upon the ground and surface water analyses from the facility, upgradient water quality and baseline water quality, that assessment and corrective actions shall be required, the owner or operator shall undertake the assessment and/or corrective actions as determined by the Department. Such assessment shall characterize the full nature and extent of contamination, and the risks of harm to public health, safety and the environment in accordance with the requirements of 310 CMR 19.150 and 310 CMR 40.0114: Solid Waste Management Facilities. In establishing the applicable standards for groundwater down-gradient of the point(s) of compliance the Department shall consider the factors and procedures contained in 310 CMR 40.0900: Procedures and Standards for the Characterization of the Risk of Harm to Health, Safety, Public Welfare and the Environment and 310 CMR 40.1000: Response Action Outcomes. (l) Nothing in 310 CMR 19.132 shall limit the responsibility of the owner or operator to comply with the provisions of M.G.L. c. 21H, § 4, M.G.L. c. 111, § 150A, 310 CMR 19.150, M.G.L. c. 21E, and 310 CMR 40.0000: Massachusetts Contingency Plan at all locations down-gradient of the point(s) of compliance. (3) Monitoring of the Secondary Leachate Collection or Leak Detection System. (a) The owner or operator shall monitor the quantity and quality of leachate collected by the secondary leachate collection system or leak detection system, where such a system has been constructed. Monitoring shall be accomplished as specified in the solid waste management facility permit, the leachate discharge permit or as deemed necessary by the Department. (b) The owner or operator shall submit, in addition to permit requirements, the results of the leachate monitoring from the secondary leachate collection system or leak detection system to the Department with third-party inspection reports. (c) Where leachate is determined by the Department to have entered the secondary leachate collection system or leak detection system in excess of design standards, the owner or operator shall undertake the actions specified under 310 CMR 19.150 and 310 CMR 19.151 as required by the Department. (4) Leachate Monitoring. (a) The owner or operator shall monitor the quantity and quality of leachate as deemed necessary by the Department or as specified in the leachate discharge permit. (b) The owner or operator shall submit, in addition to permit requirements, the results of the leachate monitoring to the Department with the inspection reports required pursuant to 310 CMR 19.130(35). (5) Gas Monitoring. (a) The owner or operator shall sample and physically and chemically characterize the recovered gas, condensates, or any other residues generated, and submit a copy of such analyses to the Department. (b) The owner or operator shall conduct gas monitoring as follows: 1. Sampling and analysis of landfill gas shall be done in accordance with methods approved by the Department. 2. The owner or operator shall conduct landfill gas monitoring at sampling points established in the permit and/or as required by the Department. 3. The owner or operator shall conduct landfill gas monitoring on a schedule established in the permit or as required by Department. Monitoring shall be performed quarterly unless otherwise approved by the Department. (c) The Department may not accept landfill gas monitoring data where: 1. the sample was taken from a gas monitoring device for which the Department has not received and approved as-built construction plans and locations; or 2. the sample was taken from a gas monitoring device constructed in a manner not approved by the Department; 3. the analyses were performed by a laboratory other than an approved laboratory, unless the sample is accompanied by a complete QA/QC submittal; 4. the sample was taken from a monitoring device or location that is damaged or has not been maintained in accordance with the requirements of 310 CMR 19.133; 5. the sample was taken from a monitoring device or location that is damaged or has not been maintained in accordance with 310 CMR 19.133; 6. the sample does not contain sufficient documentation regarding chain of custody; 7. the sample was not collected or analyzed in accordance with 310 CMR 19.132(1); or 8. the Department has reason to believe the sampling data is false, inaccurate, incomplete or misleading. (d) The owner or operator shall submit all analytical results to the Department within 60 days after the date of sample collection or as specified in the permit. The analytical results shall be summarized in tables with a discussion of the results, and shall include an analysis of pertinent trends. Where the Department provides a form for environmental monitoring reports, the report shall be madesubmitted on that form and shall contain all information as requested by that form. If no form is provided by the Department, the report shall include, unless otherwise approved by the Department, the following information: 1. site plans or maps showing sampling locations, concentrations and gas exceedences; 2. a letter report briefly summarizing the data and identifying any issues of concern; 3. all field Quality assurance/Quality control information; and 4. chain of custody forms. (e) The owner or operator shall conduct gas monitoring at any active landfill and for the post-closure period set forth in 310 CMR 19.142(2). (f) Landfill gas samples shall be analyzed for volumes and concentrations of explosive gases. In addition, the Department may require monitoring for the following: 1. hydrogen sulfide; 2. volatile organic compounds; and 3. any additional parameters required by the Department. (g) When, at any time, the concentration of explosive gasses exceeds 10% of the lower explosive limit (LEL) in any building, structure, or underground utility conduit, excluding gas control, gas recovery and leachate collection system components, the owner or operator shall: 1. take immediate action to protect human health and safety; 2. notify the Department’s Regional Office that covers the municipality in which the facility is located within two hours of the finding; and 3. undertake the actions specified under 310 CMR 19.150: Landfill Assessment Requirements and 19.151: Corrective Action Requirements as required by the Department. (h) Except in buildings, structures and underground utility conduits for which 310 CMR 19.132(5)(g) applies, when, at any time, the concentration of explosive gasses exceeds 25% of the lower explosive limit (LEL) at the property boundary or beyond, excluding gas control, gas recovery and leachate collection system components, the owner/operator shall: 1. take immediate action to protect human health and safety; 2. notify the Department’s Regional Office that covers the municipality in which the facility is located within 24 hours of the finding; and 3. undertake the actions specified under 310 CMR 19.150: Landfill Assessment Requirements and 19.151: Corrective Action Requirements as required by the Department. (i) When the concentration of any of the parameters for which monitoring is required at 310 CMR 19.132(5)(f)1., 2. or 3. exceeds any permit standards or federal or state regulations the owner or operator shall notify the Department within 14 days of the finding and undertake the actions specified under 310 CMR 19.150: Landfill Assessment Requirements and 19.151: Corrective Action Requirements as required by the Department.