R 299.9611 Environmental monitoring.

Rule 611. (1) An owner or operator of a hazardous waste treatment, storage, or disposal facility shall develop an environmental monitoring program that can detect a release of hazardous waste or hazardous waste constituents from the facility. (2) An owner or operator shall do all the following as part of the environmental monitoring program: (a) Prepare a sampling and analysis plan for each environmental monitoring program that includes all the following information: (i) A sampling location map. (ii) A sampling schedule. (iii) The parameters to be analyzed. (iv) The sampling equipment, well purging, and sample collection procedures. (v) The field measured parameters. (vi) The sampling preservation and handling techniques. (vii) The sampling analytical protocols. (viii) The field and laboratory quality assurance and quality control procedures. (ix) The chain of custody procedures. (x) The decontamination procedures. (xi) The data analysis, including the statistical method used. (b) Conduct a groundwater monitoring program that complies with the requirements of R 299.9612, except as indicated in subrule (3) of this rule. (c) Conduct an ambient air monitoring program approved by the director or the director’s designee to detect violations of the provisions of part 55. (d) Conduct an annual soil monitoring program in areas subject to spills, such as loading and unloading areas, to detect hazardous wastes or hazardous waste constituents. (3) The director shall waive the groundwater monitoring requirements of R 299.9612 if either of the following conditions is met: (a) The facility is not a land disposal facility, and the owner or operator complies with 1 of the following provisions: (i) All treatment, storage, and waste handling activities take place inside or under a structure that provides protection from precipitation and runoff and the facility complies with the provisions of R 299.9604. (ii) The owner or operator demonstrates, to the director's satisfaction, that monitoring is not required. (iii) The owner or operator demonstrates, to the director's satisfaction, that a lesser degree of monitoring, or that alternate information regarding monitoring activities conducted in conjunction with response activity in the area of the hazardous waste management unit or units, can be utilized to demonstrate compliance with the provisions of part 111 and these rules. (b) The director finds that there is no potential for migration of liquid from the facility to the uppermost aquifer during the active life of the facility and the postclosure care period specified pursuant to the provisions of 40 CFR 264.117, which is adopted by reference in R 299.11003. The demonstration must be certified by a qualified geologist or geotechnical engineer. To provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made pursuant to this subdivision on assumptions that maximize the rate of liquid migration. (4) The director shall waive the requirements of subrule (2)(c) and (d) of this rule if the owner or operator demonstrates that monitoring is not required or that a lesser degree of monitoring can be utilized to demonstrate compliance with the provisions of part 111 and these rules. (5) The director shall require more intensive or extensive monitoring programs if needed to demonstrate compliance with the provisions of part 111 or these rules. (6) An owner or operator shall provide all environmental monitoring data to the director in electronic form within 60 days of the date of completion of the sampling or collection event, unless otherwise approved by the director.