Compliance Monitoring Program

Each owner or operator required to establish a compliance monitoring program pursuant to 310 CMR 30.661 and 30.662 shall, at a minimum, comply with the following: (1) The owner or operator shall monitor the groundwater to determine whether each regulated unit is in compliance with the requirements of 310 CMR 30.665: Groundwater Protection Standard. The Department shall specify what the facility shall do to comply with 310 CMR 30.665, including specifying: (a) A list of the hazardous constituents identified pursuant to 310 CMR 30.666; (b) Concentration limits specified pursuant to 310 CMR 30.667 for each of those hazardous constituents; (c) The compliance points specified pursuant to 310 CMR 30.669; and (d) The compliance period specified pursuant to 310 CMR 30.670. (2) The owner or operator shall install a groundwater monitoring system at the compliance points as specified pursuant to 310 CMR 30.669. The groundwater monitoring system shall comply with 310 CMR 30.663(1)(b), (2), and (3). (3) The Department will specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with 310 CMR 30.664(7) and (8). (a) The owner or operator shall conduct a sampling program for each chemical parameter or hazardous constituent in accordance with 310 CMR 30.664(7). (b) The owner or operator shall record ground-water analytical data as measured and in a form necessary for the determination of statistical significance pursuant to 310 CMR 30.664(8) for the compliance period of the facility. (4) The owner or operator shall determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the license, pursuant to 310 CMR 30.671(1), at a frequency specified pursuant to 310 CMR 30.671(6). (a) In determining whether statistically significant evidence of increased contamination exists, the owner or operator shall use the method(s) specified in the license pursuant to 310 CMR 30.663(8). The method(s) shall compare data collected at the compliance point(s) to a concentration limit developed in accordance with 310 CMR 30.667. (b) The owner or operator shall determine whether there is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a reasonable time period after completion of sampling. The Department will specify that time period in the facility license, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground-water samples. (5) The owner or operator shall determine the groundwater flow rate and direction in the uppermost aquifer at least annually. (6) The Department will specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with 310 CMR 30.663(7). A sequence of at least four samples from each well (background and compliance wells) shall be collected at least semi-annually during the compliance period of the facility. (7) The owner or operator shall analyze samples from all monitoring wells at the compliance point for all constituents contained in 310 CMR 30.161 at least annually to determine whether additional hazardous constituents are present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in 310 CMR 30.664(6). If the owner or operator finds constituents in 310 CMR 30.161 in the ground water that are already identified in the license as monitoring constituents, the owner or operator may resample within one month and repeat the 310 CMR 30.161 analysis. If the second analysis confirms the presence of new constituents, the owner or operator shall report the concentration of these additional constituents to the Department within seven days after the completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then the owner or operator shall report the concentrations of these additional constituents to the Department within seven days after completion of the initial analysis and add them to the monitoring list. (8) If the owner or operator determines pursuant to 310 CMR 30.671(4) that any concentration limits pursuant to 310 CMR 30.667 are being exceeded at any monitoring well at the point of compliance the owner or operator shall: (a) Immediately notify the Department by the quickest available means and also notify the Department in writing within seven days. The notification shall indicate each concentration limit that has been exceeded and by how much. (b) Within 180 days, submit to the Department an application for a license modification to establish a corrective action program meeting the requirements of 310 CMR 30.672, or within 90 days if an engineering feasibility study has been previously submitted to the Department pursuant to 310 CMR 30.664(8)(e). The application shall at a minimum include the following information: 1. A detailed description of corrective actions that will achieve compliance with the requirements specified in the license pursuant to 310 CMR 30.671(1); and 2. A plan for a groundwater monitoring program that will demonstrate the effectiveness of the corrective action. Such a groundwater monitoring program may be based on a compliance monitoring program developed to meet the requirements of 310 CMR 30.671. (9) If the owner or operator determines pursuant to 310 CMR 30.671(4) that the ground-water concentration limits pursuant to 310 CMR 30.671 are being exceeded at any monitoring well at the point of compliance, the owner or operator shall demonstrate a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. In making a demonstration pursuant to 310 CMR 30.671(9), the owner or operator shall: (a) Within seven days of determining that a requirement of 310 CMR 30.665 is not being met, notify the Department in writing that he intends to make such a demonstration; (b) Within 90 days of determining that a requirement of 310 CMR 30.665 is not being met, submit a report to the Department which demonstrates that a source other than a regulated unit caused the requirement not to be met or that the apparent noncompliance with the standards resulted from error in sampling, analysis, or evaluation; and (c) Within 90 days of determining that a requirement of 310 CMR 30.665 is not being met, submit to the Department a completed application for a license modification to make all appropriate changes to the compliance monitoring program at the facility, unless the Department has determined in writing that such an application need not be submitted; and (d) Continue to monitor in accordance with the compliance monitoring program established pursuant to 310 CMR 30.671. (10) If either the owner or operator or the Department determines that the compliance monitoring program no longer satisfies the requirements of 310 CMR 30.671, the owner or operator shall, within 90 days, submit an application for a license modification to make all appropriate changes to the program.