Compliance monitoring program

An owner or operator who is required to establish a compliance monitoring program under sections 33.1-24-05-47 through 33.1-24-05-58 shall, at a minimum, discharge the following responsibilities: 1. The owner or operator shall monitor the ground water to determine whether regulated units are in compliance with the ground water protection standard under section 33.1-24-05-49. The department will specify the ground water protection standard in the facility permit, including: a. A list of the hazardous constituents identified under section 33.1-24-05-50. b. Concentration limits under section 33.1-24-05-51 for each of those hazardous constituents. c. The compliance point under section 33.1-24-05-52. d. The compliance period under section 33.1-24-05-53. 2. The owner or operator shall install a ground water monitoring system at the compliance point as specified under section 33.1-24-05-52. The ground water monitoring system must comply with subdivision b of subsection 1, and subsections 2 and 3 of section 33.1-24-05-54. 3. The department will specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with subsections 7 and 8 of section 33.1-24-05-54. a. The owner or operator must conduct a sampling program for each chemical parameter or hazardous constituent in accordance with subsection 7 of section 33.1-24-05-54. b. The owner or operator must record ground water analytical data as measured and in form necessary for the determination of statistical significance under subsection 8 of section 33.1-24-05-54 for the compliance period of the facility. 4. The owner or operator must determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the permit, pursuant to subsection 1, at a frequency specified under subsection 6. a. In determining whether statistically significant evidence of increased contamination exists, the owner or operator must use the methods specified in the permit under subsection 8 of section 33.1-24-05-54. The methods must compare data collected at the compliance points to a concentration limit developed in accordance with section 33.1-24-05-51. b. The owner or operator must 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 and the facility permit, 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 ground water 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 subsection 7 of section 33.1-24-05-54. 7. Annually, the owner or operator must determine whether additional hazardous constituents from appendix XII, which could possibly be present but are not on the detection monitoring list in the permit, are actually present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in subsection 6 of section 33.1-24-05-55. To accomplish this, the owner or operator must consult with the department to determine on a case-by-case basis which sample collection event during the year will involve enhanced sampling, the number of monitoring wells at the compliance point to undergo enhanced sampling, the number of samples to be collected from each of these monitoring wells, and the specific constituents from appendix XII for which these samples must be analyzed. If the enhanced sampling event indicates that appendix XII constituents are present in the ground water that are not already identified in the permit as monitoring constituents, the owner or operator may resample within one month or at an alternative site-specific schedule approved by the department, and repeat the appendix XII analysis. If the second analysis confirms the presence of new constituents, the owner or operator must 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 must 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 subsection 4 that any concentration limits under section 33.1-24-05-51 are being exceeded at any monitoring well at the point of compliance, the owner or operator must: a. Notify the department of this finding in writing within seven days. The notification must indicate what concentration limits have been exceeded. b. Submit to the department an application for a permit modification to establish a corrective action program meeting the requirements of section 33.1-24-05-57 within one hundred eighty days, or within ninety days if an engineering feasibility study has been previously submitted to the department under subdivision e of subsection 7 of section 33.1-24-05-55. The application must, at a minimum, include the following information: (1) A detailed description of corrective actions that will achieve compliance within the ground water protection standard specified in the permit under subsection 1. (2) A plan for a ground water monitoring program that will demonstrate the effectiveness of the corrective action. Such a ground water monitoring program may be based on a compliance monitoring program developed to meet the requirements of this section. 9. If the owner or operator determines, pursuant to subsection 4, that the ground water concentration limits under this section are being exceeded at any monitoring well at the point of compliance, the owner or operator may demonstrate that 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 under this subsection, the owner or operator must: a. Notify the department in writing within seven days that the owner or operator intends to make a demonstration under this subsection. b. Within ninety days, submit a report to the department which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling, analysis, or evaluation. c. Within ninety days, submit to the department an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility. d. Continue to monitor in accordance with the compliance monitoring program established under this section. 10. If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this section, the owner or operator shall, within ninety days, submit an application for a permit modification to make any appropriate changes to the program.