Required programs

1. Owners and operators subject to the ground water protection requirements of sections 33.1-24-05-47 through 33.1-24-05-58 shall conduct a monitoring and response program as follows: a. Whenever hazardous constituents under section 33.1-24-05-50 from a regulated unit are detected at a compliance point under section 33.1-24-05-52, the owner or operator must institute a compliance monitoring program under section 33.1-24-05-56. Detected is defined as statistically significant evidence of contamination as described in subsection 6 of section 33.1-24-05-55; b. Whenever the ground water protection standard under section 33.1-24-05-49 is exceeded, the owner or operator must institute a corrective action program under section 33.1-24-05-57. Exceeded is defined as statistically significant evidence of increased contamination as described in subsection 4 of section 33.1-24-05-56; c. Whenever hazardous constituents under section 33.1-24-05-50 from a regulated unit exceed concentration limits under section 33.1-24-05-51 in ground water between the compliance point under section 33.1-24-05-52 and the downgradient facility boundary property, the owner or operator shall institute a corrective action program under section 33.1-24-05-57; or d. In all other cases, the owner or operator shall institute a detection monitoring program under section 33.1-24-05-55. 2. The department will specify in the facility permit the specific elements of the monitoring and response program. The department may include one or more of the programs identified in subsection 1 in the facility permit as may be necessary to protect human health and the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the department will consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken.