R315-264-99. Compliance Monitoring Program

  An owner or operator required to establish a compliance monitoring program under Sections R315-264-90 through 101 shall, at a minimum, discharge the following responsibilities:

  (a) 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 R315-264-92. The Director shall specify the ground-water protection standard in the facility permit, including:

  (1) A list of the hazardous constituents identified under Section R315-264-93;

  (2) Concentration limits under Section R315-264-94 for each of those hazardous constituents;

  (3) The compliance point under Section R315-264-95; and

  (4) The compliance period under Section R315-264-96.

  (b) The owner or operator shall install a ground-water monitoring system at the compliance point as specified under Section R315-264-95. The ground-water monitoring system shall comply with Subsections R315-264-97(a)(2), (b), and (c).

  (c) The Director shall specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with Subsections R315-264-97(g) and (h).

  (1) The owner or operator shall conduct a sampling program for each chemical parameter or hazardous constituent in accordance with Subsection R315-264-97(g).

  (2) The owner or operator shall record ground-water analytical data as measured and in form necessary for the determination of statistical significance under Subsection R315-264-97(h) for the compliance period of the facility.

  (d) 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 permit, pursuant to Subsection R315-264-99(a), at a frequency specified under Subsection R315-264-99(f).

  (1) In determining whether statistically significant evidence of increased contamination exists, the owner or operator shall use the method(s) specified in the permit under Subsection R315-264-97(h). The methods(s) shall compare data collected at the compliance point(s) to a concentration limit developed in accordance with Section R315-264-94.

  (2) 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 Director shall specify that time period in 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.

  (e) The owner or operator shall determine the ground-water flow rate and direction in the uppermost aquifer at least annually.

  (f) The Director shall specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with Subsection R315-264-97(g).

  (g) Annually, the owner or operator shall determine whether additional hazardous constituents from appendix IX of Rule R315-264, 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 R315-264-98(f). To accomplish this, the owner or operator shall consult with the Director 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 IX of Rule R315-264 for which these samples shall be analyzed. If the enhanced sampling event indicates that appendix IX 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 Director, and repeat the 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 Director 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 he or she shall report the concentrations of these additional constituents to the Director within seven days after completion of the initial analysis, and add them to the monitoring list.

  (h) If the owner or operator determines pursuant to Subsection R315-264-99(d) that any concentration limits under Section R315-264-94 are being exceeded at any monitoring well at the point of compliance he or she shall:

  (1) Notify the Director of this finding in writing within seven days. The notification shall indicate what concentration limits have been exceeded.

  (2) Submit to the Director an application for a permit modification to establish a corrective action program meeting the requirements of Section R315-264-100 within 180 days, or within 90 days if an engineering feasibility study has been previously submitted to the Director under Subsection R315-264-98(g)(5). The application shall at a minimum include the following information:

  (i) A detailed description of corrective actions that will achieve compliance with the ground-water protection standard specified in the permit under Subsection R315-264-99(a); and

  (ii) 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 Section R315-264-99.

  (i) If the owner or operator determines, pursuant to Subsection R315-264-99(d), that the ground-water concentration limits under Section R315-264-99 are being exceeded at any monitoring well at the point of compliance, he or she 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 Subsection R315-264-99(h), the owner or operator shall:

  (1) Notify the Director in writing within seven days that he intends to make a demonstration under Subsection R315-264-99(h);

  (2) Within 90 days, submit a report to the Director 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;

  (3) Within 90 days, submit to the Director an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility; and

  (4) Continue to monitor in accord with the compliance monitoring program established under Section R315-264-99.

  (j) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of Section R315-264-99, he shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.