R315-264-98. Detection Monitoring Program

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

  (a) The owner or operator shall monitor for indicator parameters, e.g., specific conductance, total organic carbon, or total organic halogen, waste constituents, or reaction products that provide a reliable indication of the presence of hazardous constituents in ground water. The Director shall specify the parameters or constituents to be monitored in the facility permit, after considering the following factors:

  (1) The types, quantities, and concentrations of constituents in wastes managed at the regulated unit;

  (2) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area;

  (3) The detectability of indicator parameters, waste constituents, and reaction products in ground water; and

  (4) The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the ground-water background.

  (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 owner or operator shall conduct a ground-water monitoring program for each chemical parameter and hazardous constituent specified in the permit pursuant to Subsection R315-264-98(a) in accordance with Section R315-264-97(g). The owner or operator shall maintain a record of ground-water analytical data as measured and in a form necessary for the determination of statistical significance under Subsection R315-264-97(h).

  (d) The Director shall specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the permit conditions under Subsection R315-264-98(a) in accordance with Subsection R315-264-97(g).

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

  (f) The owner or operator shall determine whether there is statistically significant evidence of contamination for any chemical parameter of hazardous constituent specified in the permit pursuant to Subsection R315-264-98(a) at a frequency specified under Subsection R315-264-98(d).

  (1) In determining whether statistically significant evidence of contamination exists, the owner or operator shall use the method(s) specified in the permit under Subsection R315-264-97(h). These method(s) shall compare data collected at the compliance point(s) to the background ground-water quality data.

  (2) The owner or operator shall determine whether there is statistically significant evidence of contamination at each monitoring well as the compliance point within a reasonable period of time after completion of sampling. The Director shall specify in the facility permit what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground-water samples.

  (g) If the owner or operator determines pursuant to Subsection R315-264-98(f) that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to Subsection R315-264-98(a) at any monitoring well at the compliance point, he or she shall:

  (1) Notify the Director of this finding in writing within seven days. The notification shall indicate what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination;

  (2) Immediately sample the ground water in all monitoring wells and determine whether constituents in the list of appendix IX of Rule R315-264 are present, and if so, in what concentration. However, the Director, on a discretionary basis, may allow sampling for a site-specific subset of constituents from the appendix IX list of Rule R315-264 and other representative/related waste constituents.

  (3) For any appendix IX compounds found in the analysis pursuant to Subsection R315-264-98(g)(2), the owner or operator may resample within one month or at an alternative site-specific schedule approved by the Director and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results, then these constituents shall form the basis for compliance monitoring. If the owner or operator does not resample for the compounds in Subsection R315-264-98(g)(2), the hazardous constituents found during this initial appendix IX analysis shall form the basis for compliance monitoring.

  (4) Within 90 days, submit to the Director an application for a permit modification to establish a compliance monitoring program meeting the requirements of Section R315-264-99. The application shall include the following information:

  (i) An identification of the concentration of any appendix IX constituent detected in the ground water at each monitoring well at the compliance point;

  (ii) Any proposed changes to the ground-water monitoring system at the facility necessary to meet the requirements of Section R315-264-99;

  (iii) Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used at the facility necessary to meet the requirements of Section R315-264-99;

  (iv) For each hazardous constituent detected at the compliance point, a proposed concentration limit under Subsections R315-264-94(a)(1) or (2), or a notice of intent to seek an alternate concentration limit under Subsection R315-264-94(b); and

  (5) Within 180 days, submit to the Director:

  (i) All data necessary to justify an alternate concentration limit sought under Subsection R315-264-94(b); and

  (ii) An engineering feasibility plan for a corrective action program necessary to meet the requirement of Section R315-264-100, unless:

  (A) All hazardous constituents identified under Subsection R315-264-98(g)(2) are listed in Table 1 of Section R315-264-94 and their concentrations do not exceed the respective values given in that Table; or

  (B) The owner or operator has sought an alternate concentration limit under Subsection R315-264-94(b) for every hazardous constituent identified under Subsection R315-264-98(g)(2).

  (6) If the owner or operator determines, pursuant to Subsection R315-264-98(f), that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to Subsection R315-264-98(a) at any monitoring well at the compliance point, 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. The owner operator may make a demonstration under Subsection R315-264-98(g) in addition to, or in lieu of, submitting a permit modification application under Subsection R315-264-98(g)(4); however, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in Subsection R315-264-98(g)(4) unless the demonstration made under Subsection R315-264-98(g) successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis, or evaluation. In making a demonstration under Subsection R315-264-98(g), the owner or operator shall:

  (i) Notify the Director in writing within seven days of determining statistically significant evidence of contamination at the compliance point that he intends to make a demonstration under Subsection R315-264-98(g);

  (ii) Within 90 days, submit a report to the Director which demonstrates that a source other than a regulated unit caused the contamination or that the contamination resulted from error in sampling, analysis, or evaluation;

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

  (iv) Continue to monitor in accordance with the detection monitoring program established under Section R315-264-98.

  (h) If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of Section R315-264-98, he or she shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.