R315-264-91. Required Programs

  (a) Owners and operators subject to Sections R315-264-90 through 101 shall conduct a monitoring and response program as follows:

  (1) Whenever hazardous constituents under Section R315-264-93 from a regulated unit are detected at a compliance point under Section R315-264-95, the owner or operator shall institute a compliance monitoring program under Section R315-264-99. Detected is defined as statistically significant evidence of contamination as described in Subsection R315-264-98(f);

  (2) Whenever the ground-water protection standard under Section R315-264-92 is exceeded, the owner or operator shall institute a corrective action program under Section R315-264-100. Exceeded is defined as statistically significant evidence of increased contamination as described in Subsection R315-264-99(d);

  (3) Whenever hazardous constituents under Section R315-264-93 from a regulated unit exceed concentration limits under Section R315-264-94 in ground water between the compliance point under Section R315-264-95 and the downgradient facility property boundary, the owner or operator shall institute a corrective action program under Section R315-264-100; or

  (4) In all other cases, the owner or operator shall institute a detection monitoring program under Section R315-264-98.

  (b) The Director shall specify in the facility permit the specific elements of the monitoring and response program. The Director may include one or more of the programs identified in Subsection R315-264-91(a) 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 Director shall 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.