R 299.9612 Groundwater monitoring.

Rule 612. (1) Owners or operators of facilities that treat, store, or dispose of hazardous waste shall comply with the requirements of R 299.9629 and 40 CFR part 264, subpart F, excluding 264.94(a)(2) and (3), 264.94(b) and (c), 264.100, and 264.101 and except as follows: (a) The director may, in the facility operating license, extend the point of compliance into groundwaters other than the uppermost aquifer. (b) In addition to wells required by 40 CFR part 264, subpart F, the owner or operator shall install wells at appropriate locations and depths to yield groundwater from any saturated zone other than the uppermost aquifer if the sampling will provide an earlier warning of failure from a hazardous waste management unit. All wells installed to monitor or evaluate groundwater must be constructed and abandoned in accordance with the well installation and well decommissioning procedures in ASTM standards D5092-04 and D5299-14, or a plan approved by the director. (c) The director may require sampling and analysis for secondary monitoring parameters at frequencies specified in the facility operating license. If the owner or operator determines that there is a statistically significant increase in 1 or more secondary monitoring parameters, then the owner or operator shall do all the following: (i) Notify the director or the director’s designee of the finding immediately. (ii) Conduct verification sampling for both primary and secondary monitoring parameters, taking replicate measurements on each sample at each well in accordance with a plan approved by the director. (iii) Redetermine if a statistically significant increase has occurred in either primary or secondary monitoring parameters and immediately notify the director or the director’s designee of the results. (d) The concentration limit of a hazardous constituent established under 40 CFR 264.94(a) must not exceed the background level of that constituent in groundwater, unless a concentration limit which is not less stringent than that allowed under RCRA has been established under part 31 or 201. (e) To determine whether background values or concentration limits have been exceeded pursuant to 40 CFR 264.97(h), the owner or operator shall use a statistical test approved by the director in the facility operating license and determine if the difference between the mean of the constituent at each well, using all replicates taken, and either of the following is significant: (i) The background value of the constituent as defined in the operating license. (ii) The mean value of 1 year's initial sampling for the well itself where the 1-year period is specified by the director in the facility operating license. (f) The director may require compliance monitoring and corrective action under 40 CFR 264.99; R 299.9629; part 31; and part 201, to be conducted under a consent agreement or other legally binding agreement rather than under an operating license. (g) Nothing in 40 CFR part 264, subpart F, or this rule restricts the director from taking action pursuant to section 11148 or 11151 of the act, MCL 324.11148 and 324.11151. (h) The owner or operator has been granted a waiver by the director under R 299.9611(3). (2) 40 CFR part 264, subpart F and 40 CFR part 264, appendix IX, excluding 264.94(a)(2) and (3), 264.94(b) and (c), 264.100, and 264.101, are adopted by reference in R 299.11003. For the purposes of adoption, the term "director" replaces the terms "regional administrator" or "administrator," the term "department" replaces the term "agency," the term "part 1 of these rules" replaces the term "§270.1(c)(7)," the term "R 299.9612 and R 299.9629" replaces the term "§§264.91 through 264.100," and the term "operating license" replaces the term "permit."