Ala. Admin. Code r. 335-14-5-.06 - Releases from Solid Waste Management Units
(1)
Applicability.
(a)
1.
Except as provided in 335-14-5-.06(1) (b), the regulations in 335-14-5-.06
apply to owners or operators of facilities that treat, store, or dispose of
hazardous waste. The owner or operator must satisfy the requirements identified
in 335-14-5-.06(1)(a)(2) for all wastes (or constituents thereof) contained in
solid waste management units at the facility regardless of the time at which
waste was placed in such units.
2.
All solid waste management units must comply with the requirements in
335-14-5-.06(12). A surface impoundment, waste pile, and land treatment unit or
landfill that receives hazardous waste after July 26, 1982 (hereinafter
referred to as a "regulated unit") must comply with the requirements of
335-14-5-.06(2) through (11) in lieu of 335-14-5-.06(12) for purposes of
detecting, characterizing, and responding to releases to the uppermost aquifer.
The financial responsibility requirements of 335-14-5-.06(12) apply to
regulated units.
(b) The
owner or operator's regulated unit or units are not subject to regulation for
releases into the uppermost aquifer under 335-14-5-.06 if:
1. The owner or operator is exempted under
335-14-5-.01;
2. He operates a unit which the Department
finds:
(i) Is an engineered
structure,
(ii) Does not receive or
contain liquid waste or waste containing free liquids,
(iii) Is designed and operated to exclude
liquid, precipitation, and other run-on and run-off,
(iv) Has both inner and outer layers of
containment enclosing the waste,
(v) Has a leak detection system built into
each containment layer,
(vi) The
owner or operator will provide continuing operation and maintenance of these
leak detection systems during the active life of the unit and the closure and
post-closure care periods, and
(vii) To a reasonable degree of certainty,
will not allow hazardous constituents to migrate beyond the outer containment
layer prior to the end of the post-closure care period.
3. The Department finds, pursuant to
335-14-5-.13(11)
(d), that the treatment zone of a land
treatment unit that qualifies as a regulated unit does not contain levels of
hazardous constituents that are above background levels of those constituents
by an amount that is statistically significant, and if an unsaturated zone
monitoring program meeting the requirements of
335-14-5-.13(9)
has not shown a statistically significant increase in hazardous constituents
below the treatment zone during the operating life of the unit. An exemption
under 335-14-5-.06(1)(b) can only relieve an owner or operator of
responsibility to meet the requirements of 335-14-5-.06 during the post-closure
care period;
4. The Department
finds that there is no potential for migration of liquid from a regulated unit
to the uppermost aquifer during the active life of the regulated unit
(including the closure period) and the post-closure care period specified under
335-14-5-.07(8).
This demonstration must be certified by a licensed professional geologist
and/or registered professional engineer. In order to provide an adequate margin
of safety in the prediction of potential migration of liquid, the owner or
operator must base any predictions made under 335-14-5-.06(1)(b) on assumptions
that maximize the rate of liquid migration; or
5. He designs and operates a pile in
compliance with
335-14-5-.12(1)
(c).
(c) The requirements under 335-14-5-.06 apply
during the active life of the regulated unit (including the closure period).
After closure of the regulated unit, the requirements of 335-14-5-.06:
1. Do not apply if all waste, waste residues,
contaminated containment system components, and contaminated subsoils are
removed or decontaminated at closure;
2. Apply during the post-closure care period
under
335-14-5-.07(8)
if the owner or operator is conducting a detection monitoring program under
335-14-5-.06(9); or
3. Apply during
the compliance period under 335-14-5-.06(7) if the owner or operator is
conducting a compliance monitoring program under 335-14-5-.06(10) or a
corrective action program under 335-14-5-.06(11).
(d) Requirements in 335-14-5-.06 may apply to
miscellaneous units when necessary to comply with
335-14-5-.24(2) through
(4).
(e) The regulations of 335-14-5-.06 apply to
all owners and operators subject to the requirements of
335-14-8-.01(1)(c)7.,
when the Department issues either a post-closure permit or an enforceable
document (as defined in
335-14-8-.01(1)(c)7.)
to the facility. When the Department issues an enforceable document, references
in 335-14-5-.06 to "in the permit" mean "in the enforceable
document".
(f) The Department may
replace all or part of the requirements of 335-14-5-.06(2) through (11)
applying to a regulated unit with alternative requirements for groundwater
monitoring and corrective action for releases to groundwater set out in the
permit [or in an enforceable document as defined in
335-14-8-.01(1)(c)7.]
where the Department determines that:
1. The
regulated unit is situated among solid waste management units (or areas of
concern), a release has occurred, and both the regulated unit and one or more
solid waste management unit(s) (or areas of concern) are likely to have
contributed to the release; and
2.
It is not necessary to apply the groundwater monitoring and corrective action
requirements of 335-14-5-.06(2) through (11) because alternative requirements
will protect human health and the environment.
(2)
Required
programs.
(a) Owners and
operators subject to 335-14-5-.06 must conduct a monitoring and response
program as follows:
1. Whenever hazardous
constituents under 335-14-5-.06(4) from a regulated unit are detected at the
compliance point under 335-14-5-.06(6), the owner or operator must institute a
compliance monitoring program under 335-14-5-.06(10). Detected is defined as
statistically significant evidence of contamination as described in
335-14-5-.06(9)(f);
2. Whenever the
groundwater protection standard under 335-14-5-.06(3) is exceeded, the owner or
operator must institute a corrective action program under 335-14-5-.06(11).
Exceeded is defined as statistically significant evidence of increased
contamination as described in 335-14-5-.06(10) (d);
3. Whenever hazardous constituents under
335-14-5-.06(4) from a regulated unit exceed concentration limits under
335-14-5-.06(5) in groundwater between the compliance point under
335-14-5-.06(6) and the downgradient facility property boundary, the owner or
operator must institute a corrective action program under 335-14-5-.06(11);
or
4. In all other cases, the owner
or operator must institute a detection monitoring program under
335-14-5-.06(9).
(b) 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 335-14-5-.06(2)(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 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 undertaken.
(3)
Groundwater protection
standard. The owner or operator must comply with conditions
specified in the facility permit that are designed to ensure that hazardous
constituents under 335-14-5-.06(4) detected in the groundwater from a regulated
unit do not exceed the concentration limits under 335-14-5-.06(5) in the
uppermost aquifer underlying the waste management area beyond the point of
compliance under 335-14-5-.06(6) during the compliance period under
335-14-5-.06(7). The Department will establish this groundwater protection
standard in the facility permit when hazardous constituents have been detected
in the groundwater.
(4)
Hazardous constituents.
(a) The Department will specify in the
facility permit the hazardous constituents to which the groundwater protection
standard of 335-14-5-.06(3) applies. Hazardous constituents are constituents
identified in 335-14-2 - Appendix VIII that have been detected in groundwater
in the uppermost aquifer underlying a regulated unit and that are reasonably
expected to be in or derived from waste contained in a regulated unit, unless
the Department has excluded them under 335-14-5-.06(4)(b).
(b) The Department will exclude a 335-14-2 -
Appendix VIII constituent from the list of hazardous constituents specified in
the facility permit if it finds that the constituent is not capable of posing a
substantial present or potential hazard to human health or the environment. In
deciding whether to grant an exemption, the Department will consider the
following:
1. Potential adverse effects on
groundwater quality, considering:
(i) The
physical and chemical characteristics of the waste in the regulated unit,
including its potential for migration;
(ii) The hydrogeological characteristics of
the facility and surrounding land;
(iii) The quantity of groundwater and the
direction of groundwater flow;
(iv)
The proximity and withdrawal rates of groundwater users;
(v) The current and future uses of
groundwater in the area;
(vi) The
existing quality of groundwater, including other sources of contamination and
their cumulative impact on the groundwater quality;
(vii) The potential for health risks caused
by human exposure to waste constituents;
(viii) The potential damage to wildlife,
crops, vegetation, and physical structures caused by exposure to waste
constituents;
(ix) The persistence
and permanence of the potential adverse effects; and
2. Potential adverse effects on
hydraulically-connected surface water quality, considering:
(i) The volume and physical and chemical
characteristics of the waste in the regulated unit;
(ii) The hydrogeological characteristics of
the facility and surrounding land;
(iii) The quantity and quality of
groundwater, and the direction of groundwater flow;
(iv) The patterns of rainfall in the
region;
(v) The proximity of the
regulated unit to surface waters;
(vi) The current and future uses of surface
waters in the area and any water quality standards established for those
surface waters;
(vii) The existing
quality of surface water, including other sources of contamination and their
cumulative impact on surface water quality;
(viii) The potential for health risks caused
by human exposure to the waste constituents;
(ix) The potential damage to wildlife, crops,
vegetation, and physical structures caused by exposure to waste constituents;
and
(x) The persistence and
permanence of the potential adverse effects.
(c) In making any determination under
335-14-5-.06(4)(b) about the use of groundwater in the area around the
facility, the Department will consider any identification of underground
sources of drinking water and exempted aquifers made by the
Department.
(5)
Concentration limits.
(a) The Department will specify in the
facility permit concentration limits in the groundwater for hazardous
constituents established under 335-14-5-.06(4). The concentration of a
hazardous constituent:
1. Must not exceed the
background level of that constituent in the groundwater at the time that limit
is specified in the permit; or
2.
Must not exceed the maximum contaminant levels for inorganic and organic
chemicals in drinking water listed in
335-7-2-.03(1)
or
335-7-2-.04(1)
or Table I below, if the background level of the constituent is below the value
given in either rule; or
TABLE 1
MAXIMUM CONCENTRATION OF CONSTITUENTS FOR GROUNDWATER PROTECTION
|
Constituent |
Maximum Concentration1 |
|
Silver................ |
01 |
1Milligrams per liter.
[NOTE: The standard for this parameter has been modified pursuant to the Federal Safe Drinking Water Act; however, this change has not been incorporated by EPA into the federal hazardous waste regulations under RCRA.]
3. Must not exceed an
alternate limit established by the Department under 335-14-5-.06(5)
(b).
(b) The Department
will establish an alternate concentration limit for a hazardous constituent if
it finds that the constituent will not pose a substantial present or potential
hazard to human health or the environment as long as the alternate
concentration limit is not exceeded. In establishing alternate concentration
limits, the Department will consider the following factors:
1. Potential adverse effects on groundwater
quality, considering:
(i) The physical and
chemical characteristics of the waste in the regulated unit, including its
potential for migration;
(ii) The
hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of groundwater and the
direction of groundwater flow;
(iv)
The proximity and withdrawal rates of groundwater users;
(v) The current and future uses of
groundwater in the area;
(vi) The
existing quality of groundwater, including other sources of contamination and
their cumulative impact on the groundwater quality;
(vii) The potential for health risks caused
by human exposure to waste constituents;
(viii) The potential damage to wildlife,
crops, vegetation, and physical structures caused by exposure to waste
constituents;
(ix) The persistence
and permanence of the potential adverse effects; and
2. Potential adverse effects on
hydraulically-connected surface water quality, considering:
(i) The volume and physical and chemical
characteristics of the waste in the regulated unit;
(ii) The hydrogeological characteristics of
the facility and surrounding land;
(iii) The quantity and quality of groundwater
and the direction of groundwater flow;
(iv) The patterns of rainfall in the
region;
(v) The proximity of the
regulated unit to surface waters;
(vi) The current and future uses of surface
waters in the area and any water quality standards established for those
surface waters;
(vii) The existing
quality of surface water, including other sources of contamination and their
cumulative impact on surface water quality;
(viii) The potential for health risks caused
by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops,
vegetation, and physical structures caused by exposure to waste
constituents;
(x) The persistence
and permanence of the potential adverse effects.
(c) In making any determination under
335-14-5-.06(5)(b) about the use of groundwater in the area around the facility
the Department will consider any identification of groundwater sources of
drinking water and exempted aquifers made by the Department.
(6)
Point of
compliance.
(a) The Department
will specify in the facility permit the point of compliance at which the
groundwater protection standard of 335-14-5-.06(3) applies and at which
monitoring must be conducted. The point of compliance is a vertical surface
located at the hydraulically downgradient limit of the waste management area
that extends down into the uppermost aquifer underlying the regulated
units.
(b) The waste management
area is the limit projected in the horizontal plane of the area on which waste
will be placed during the active life of a regulated unit.
1. The waste management area includes
horizontal space taken up by any liner, dike, or other barrier designed to
contain waste in a regulated unit.
2. If the facility contains more than one
regulated unit, the waste management area is described by an imaginary line
circumscribing the several regulated units.
(7)
Compliance
period.
(a) The Department will
specify in the facility permit the compliance period during which the
groundwater protection standard of 335-14-5-.06(3) applies. The compliance
period is the number of years equal to the active life of the waste management
area (including any waste management activity prior to permitting and the
closure period).
(b) The compliance
period begins when the owner or operator initiates a compliance monitoring
program meeting the requirements of 335-14-5-.06(10).
(c) If the owner or operator is engaged in a
corrective action program at the end of the compliance period specified in
335-14-5-.06(7)(a), the compliance period is extended until the owner or
operator can demonstrate that the groundwater protection standard of
335-14-5-.06(3) has not been exceeded for a period of three consecutive
years.
(8)
General groundwater monitoring requirements. The owner
or operator must comply with the following requirements for any groundwater
monitoring program developed to satisfy 335-14-5-.06(9), (10), or (11):
(a) The groundwater monitoring system must
consist of a sufficient number of wells, installed at appropriate locations and
depths, to yield groundwater samples from the uppermost aquifer that:
1. Represent the quality of background
groundwater that has not been affected by leakage from a regulated unit;
(i) A determination of background groundwater
quality may include sampling of wells that are not hydraulically upgradient of
the waste management area where:
(I)
Hydrogeologic conditions do not allow the owner or operator to determine what
wells are hydraulically upgradient; and
(II) Sampling at other wells will provide an
indication of background groundwater quality that is representative or more
representative than that provided by the upgradient wells; and
2. Represent the quality
of groundwater passing the point of compliance; and
3. Allow for the detection of contamination
when hazardous waste or hazardous constituents have migrated from the waste
management area to the uppermost aquifer.
(b) If a facility contains more than one
regulated unit, separate groundwater monitoring systems are not required for
each regulated unit provided that provisions for sampling the groundwater in
the uppermost aquifer will enable detection and measurement at the compliance
point of hazardous constituents from the regulated units that have entered the
groundwater in the uppermost aquifer.
(c) All monitoring wells must be cased in a
manner that maintains the integrity of the monitoring well bore hole. This
casing must be screened or perforated and packed with gravel or sand, where
necessary, to enable collection of groundwater samples. The annular space
(i.e., the space between the bore hole and well casing) above the sampling
depth must be sealed to prevent contamination of samples and the groundwater.
Monitoring wells must be operated and maintained in a manner to prevent soil,
surface water, and/or groundwater contamination. This requirement includes the
installation of protective barriers around monitoring wells where necessary to
prevent damage to the well from traffic or other causes or as required on a
case-by-case basis by the Department. All monitoring wells must have functional
key or combination locks on the wellhead covers to prevent unauthorized access.
All monitoring wells must be assigned an identifying number by the facility,
and such numbers must be permanently affixed to the outer casing of each
monitoring well.
(d) The
groundwater monitoring program must include consistent sampling and analysis
procedures that are designed to ensure monitoring results that provide a
reliable indication of groundwater quality below the waste management area. At
a minimum the program must include procedures and techniques for:
1. Sample collection;
2. Sample preservation and
shipment;
3. Analytical procedures;
and
4. Chain of custody
control.
(e) The
groundwater monitoring program must include sampling and analytical methods
that are appropriate for groundwater sampling and that accurately measure
hazardous constituents in groundwater samples.
(f) The groundwater monitoring program must
include a determination of the groundwater surface elevation each time
groundwater is sampled.
(g) In
detection monitoring or where appropriate in compliance monitoring, data on
each hazardous constituent specified in the permit will be collected from
background wells and wells at the compliance point(s). The number and kinds of
samples collected to establish background shall be appropriate for the form of
statistical test employed, following generally accepted statistical principles.
The sample size shall be as large as necessary to ensure with reasonable
confidence that a contaminant release to groundwater from a facility will be
detected. The owner or operator will determine an appropriate sampling
procedure and interval for each hazardous constituent listed in the facility
permit which shall be specified in the permit upon approval by the Department.
This sampling procedure shall be:
1. A
sequence of at least four samples, taken at an interval that assures, to the
greatest extent technically feasible, that an independent sample is obtained,
by reference to the uppermost aquifer's effective porosity, hydraulic
conductivity, and hydraulic gradient, and the fate and transport
characteristics of the potential contaminants, or
2. An alternate sampling procedure proposed
by the owner or operator and approved by the Department.
(h) The owner or operator will specify one of
the following statistical methods to be used in evaluating groundwater
monitoring data for each hazardous constituent which, upon approval by the
Department, will be specified in the permit. The statistical test chosen shall
be conducted separately for each hazardous constituent in each well. Where
practical quantification limits (pqls) are used in any of the following
statistical procedures to comply with 335-14-5-.06(8)(i)5., the pql must be
proposed by the owner or operator and approved by the Department. Use of any of
the following statistical methods must be protective of human health and the
environment and must comply with the performance standards outlined in
335-14-5-.06(8) (i).
1. A parametric analysis
of variance (ANOVA) followed by multiple comparisons procedures to identify
statistically significant evidence of contamination. The method must include
estimation and testing of the contrasts between each compliance well's mean and
the background mean levels for each constituent.
2. An analysis of variance (ANOVA) based on
ranks followed by multiple comparisons procedures to identify statistically
significant evidence of contamination. The method must include estimation and
testing of the contrasts between each compliance well's median and the
background median levels for each constituent.
3. A tolerance or prediction interval
procedure in which an interval for each constituent is established from the
distribution of the background data, and the level of each constituent in each
compliance well is compared to the upper tolerance or prediction
limit.
4. A control chart approach
that gives control limits for each constituent.
5. Another statistical test method submitted
by the owner or operator and approved by the Department.
(i) Any statistical method chosen under
335-14-5-.06(8)(h) for specification in the permit shall comply with the
following performance standards, as appropriate:
1. The statistical method used to evaluate
groundwater monitoring data shall be appropriate for the distribution of
chemical parameters or hazardous constituents. If the distribution of the
chemical parameters or hazardous constituents is shown by the owner or operator
to be inappropriate for a normal theory test, then the data should be
transformed or a distribution-free theory test should be used. If the
distributions for the constituents differ, more than one statistical method may
be needed.
2. If an individual well
comparison procedure is used to compare an individual compliance well
constituent concentration with background constituent concentrations or a
groundwater protection standard, the test shall be done at a Type I error level
no less than 0.01 for each testing period. If a multiple comparisons procedure
is used, the Type I experiment wise error rate for each testing period shall be
no less than 0.05; however, the Type I error of no less than 0.01 for
individual well comparisons must be maintained. This performance standard does
not apply to tolerance intervals, prediction intervals or control
charts.
3. If a control chart
approach is used to evaluate groundwater monitoring data, the specific type of
control chart and its associated parameter values shall be proposed by the
owner or operator and approved by the Department if it finds it to be
protective of human health and the environment.
4. If a tolerance interval or a prediction
interval is used to evaluate groundwater monitoring data, the levels of
confidence and, for tolerance intervals, the percentage of the population that
the interval must contain, shall be proposed by the owner or operator and
approved by the Department if it finds these parameters to be protective of
human health and the environment. These parameters will be determined after
considering the number of samples in the background database, the data
distribution, and the range of the concentration values for each constituent of
concern.
5. The statistical method
shall account for data below the limit of detection with one or more
statistical procedures that are protective of human health and the environment.
Any practical quantification limit (pql) approved by the Department under
335-14-5-.06(8)(h) that is used in the statistical method shall be the lowest
concentration level that can be reliably achieved within specified limits of
precision and accuracy during routine laboratory operating conditions that are
available to the facility.
6. If
necessary, the statistical method shall include procedures to control or
correct for seasonal and spatial variability as well as temporal correlation in
the data.
(j) Groundwater
monitoring data collected in accordance with 335-14-5-.06(8)(g) including
actual levels of constituents must be maintained in the facility operating
record. The Department will specify in the permit when the data must be
submitted for review.
(9)
Detection monitoring program. An owner or operator
required to establish a detection monitoring program under 335-14-5-.06 must,
at a minimum, discharge the following responsibilities:
(a) The owner or operator must monitor for
indicator parameters (e.g., pH, 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 groundwater.
The Department will 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 groundwater; and
4. The concentrations or values and
coefficients of variation of proposed monitoring parameters or constituents in
the groundwater background;
(b) The owner or operator must install a
groundwater monitoring system at the compliance point as specified under
335-14-5-.06(6). The groundwater monitoring system must comply with
335-14-5-.06(8) (a)2., (8)(b), and (8)(c);
(c) The owner or operator must conduct a
groundwater monitoring program for each chemical parameter and hazardous
constituent specified in the permit pursuant to 335-14-5-.06(9) (a) in
accordance with 335-14-5-.06(8) (g). The owner or operator must maintain a
record of groundwater analytical data as measured and in a form necessary for
the determination of statistical significance under 335-14-5-.06(8)
(h).
(d) The Department will
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 335-14-5-.06(9)(a) in accordance with 335-14-5-.06(8)
(g).
(e) The owner or operator must
determine the groundwater flow rate and direction in the uppermost aquifer at
least annually;
(f) The owner or
operator must determine whether there is statistically significant evidence of
contamination for any chemical parameter or hazardous constituent specified in
the permit pursuant to 335-14-5-.06(9)(a) at a frequency specified under
335-14-5-.06(9)(d).
1. In determining whether
statistically significant evidence of contamination exists, the owner or
operator must use the method(s) specified in the permit under
335-14-5-.06(8)(h). These method(s) must compare data collected at the
compliance point(s) to the background groundwater quality data.
2. The owner or operator must determine
whether there is statistically significant evidence of contamination at each
monitoring well at the compliance point within a reasonable period of time
after completion of sampling. The Department will 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 groundwater samples.
(g) If the owner or operator determines
pursuant to 335-14-5-.06(9)(f) that there is statistically significant evidence
of contamination for chemical parameters or hazardous constituents specified
pursuant to 335-14-5-.06(9)(a) at any monitoring well at the compliance point,
he or she must:
1. Notify the Department of
this finding in writing within seven days. The notification must indicate what
chemical parameters or hazardous constituents have shown statistically
significant evidence of contamination;
2. Immediately sample the groundwater in all
monitoring wells and determine whether constituents in the list of 335-14-5 -
Appendix IX are present, and if so, in what concentration. However, the
Department, on a discretionary basis, may allow sampling for a site-specific
subset of constituents from the 335-14-5 - Appendix IX list and other
representative/related waste constituents.
3. For any 335-14-5 - Appendix IX compounds
found in the analysis pursuant to 335-14-5-.06(9) (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 will form the basis for compliance monitoring. If the owner or
operator does not resample for the compounds in 335-14-5-.06(9)(g)2., the
hazardous constituents found during this initial 335-14-5 - Appendix IX
analysis will form the basis for compliance monitoring.
4. Within 90 days, submit to the Department
an application for a permit modification to establish a compliance monitoring
program meeting the requirements of 335-14-5-.06(10). The application must
include the following information:
(i) An
identification of the concentration of any 335-14-5 - Appendix IX constituent
detected in the groundwater at each monitoring well at the compliance
point;
(ii) Any proposed changes to
the groundwater monitoring system at the facility necessary to meet the
requirements of 335-14-5-.06(10).
(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
335-14-5-.06(10).
(iv) For each
hazardous constituent detected at the compliance point, a proposed
concentration limit under 335-14-5-.06(5)(a)1. or 2. or a notice of intent to
seek an alternate concentration limit under 335-14-5-.06(5)(b).
5. Within 180 days, submit to the
Department:
(i) All data necessary to justify
an alternate concentration limit sought under 335-14-5-.06(5)(b); and
(ii) An engineering feasibility plan for a
corrective action program necessary to meet the requirements of
335-14-5-.06(11), unless:
(I) All hazardous
constituents identified under 335-14-5-.06(9)(g)2. are listed in
335-7-2-.03(1),
335-7-2-.04(1),
or Table 1 of 335-14-5-.06(5) and their concentrations do not exceed the
respective values given in those Tables; or
(II) The owner or operator has sought an
alternate concentration limit under 335-14-5-.06(5) (b) for every hazardous
constituent identified under 335-14-5-.06(9) (g)2.
6. If the owner or
operator determines, pursuant to 335-14-5-.06(9)(f), that there is a
statistically significant difference for chemical parameters or hazardous
constituents specified pursuant to 335-14-5-.06(9)(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 groundwater. The owner or operator may make a demonstration
under 335-14-5-.06(9)(g) in addition to, or in lieu of, submitting a permit
modification application under 335-14-5-.06(9)(g)4.; however, the owner or
operator is not relieved of the requirement to submit a permit modification
application within the time specified in 335-14-5-.06(9)(g)4. unless the
demonstration made under 335-14-5-.06(9)(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 335-14-5-.06(9)(g), the owner or operator must:
(i) Notify the Department in writing within
seven days of determining statistically significant evidence of contamination
at the compliance point that he intends to make a demonstration under
335-14-5-.06(9) (g);
(ii) Within 90
days, submit a report to the Department 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
Department 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 335-14-5-.06(9).
(h) If the owner or
operator determines that the detection monitoring program no longer satisfies
the requirements of 335-14-5-.06(9), he or she must, within 90 days, submit an
application for a permit modification to make any appropriate changes to the
program.
(10)
Compliance monitoring program. An owner or operator
required to establish a compliance monitoring program under 335-14-5-.06 must,
at a minimum, discharge the following responsibilities:
(a) The owner or operator must monitor the
groundwater to determine whether regulated units are in compliance with the
groundwater protection standard under 335-14-5-.06(3). The Department will
specify the groundwater protection standard in the facility permit, including:
1. A list of the hazardous constituents
identified under 335-14-5-.06(4);
2. Concentration limits under 335-14-5-.06(5)
for each of those hazardous constituents;
3. The compliance point under
335-14-5-.06(6); and
4. The
compliance period under 335-14-5-.06(7);
(b) The owner or operator must install a
groundwater monitoring system at the compliance point as specified under
335-14-5-.06(6). The groundwater monitoring system must comply with
335-14-5-.06(8) (a)2., (8)(b), and (8)(c);
(c) The Department will specify the sampling
procedures and statistical methods appropriate for the constituents and the
facility, consistent with 335-14-5-.06(8) (g) and (h).
1. The owner or operator must conduct a
sampling program for each chemical parameter or hazardous constituent in
accordance with 335-14-5-.06(8)(g).
2. The owner or operator must record
groundwater analytical data as measured and in form necessary for the
determination of statistical significance under 335-14-5-.06(8)(h) for the
compliance period of the facility.
(d) 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 335-14-5-.06(10)(a), at a frequency specified under
335-14-5-.06(10)(f).
1. In determining
whether statistically significant evidence of increased contamination exists,
the owner or operator must use the method(s) specified in the permit under
335-14-5-.06(8)(h). The method(s) must compare data collected at the compliance
point(s) to a concentration limit developed in accordance with
335-14-5-.06(5).
2. 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 in the facility permit, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of groundwater samples.
(e) The owner or operator must determine the
groundwater flow rate and direction in the uppermost aquifer at least
annually.
(f) The Department will
specify the frequencies for collecting samples and conducting statistical tests
to determine statistically significant evidence of increased contamination in
accordance with 335-14-5-.06(8) (g).
(g) Annually, the owner or operator must
determine whether additional hazardous constituents from 335-14-5 -Appendix IX,
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 335-14-5-.06(9)(f). 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 335-14-5-Appendix IX
for which these samples must be analyzed. If the enhanced sampling event
indicates that 335-14-5-Appendix IX constituents are present in the groundwater
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 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 he or she 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.
(h) If the owner or operator determines,
pursuant to 335-14-5-.06(10)(d) that any concentration limits under
335-14-5-.06(5) are being exceeded at any monitoring well at the point of
compliance, he or she must:
1. Notify the
Department of this finding in writing within seven days. The notification must
indicate what concentration limits have been exceeded.
2. Submit to the Department an application
for a permit modification to establish a corrective action program meeting the
requirements of 335-14-5-.06(11) within 180 days, or within 90 days if an
engineering feasibility study has been previously submitted to the Department
under 335-14-5-.06(9)(g)5. The application must at a minimum include the
following information:
(i) A detailed
description of corrective actions that will achieve compliance with the
groundwater protection standard specified in the permit under
335-14-5-.06(10)(a); and
(ii) A
plan for a groundwater monitoring program that will demonstrate the
effectiveness of the corrective action. Such a groundwater monitoring program
may be based on a compliance monitoring program developed to meet the
requirements of 335-14-5-.06(10).
(i) If the owner or operator determines,
pursuant to 335-14-5-.06(10) (d), that the groundwater concentration limits
under 335-14-5-.06(10) 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 groundwater. In making a demonstration under 335-14-5-.06(10)(i), the owner
or operator must:
1. Notify the Department in
writing within seven days that he intends to make a demonstration under
335-14-5-.06(10);
2. Within 90
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;
3. Within 90 days,
submit to the Department 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
335-14-5-.06(10).
(j) If
the owner or operator determines that the compliance monitoring program no
longer satisfies the requirements of this section, he must, within 90 days,
submit an application for a permit modification to make any appropriate changes
to the program.
(11)
Corrective action program. An owner or operator
required to establish a corrective action program under 335-14-5-.06 must, at a
minimum, discharge the following responsibilities:
(a) The owner or operator must take
corrective action to ensure that regulated units are in compliance with the
groundwater protection standard under 335-14-5-.06(3). The Department will
specify the groundwater protection standard in the facility permit, including:
1. A list of the hazardous constituents
identified under 335-14-5-.06(4);
2. Concentration limits under 335-14-5-.06(5)
for each of those hazardous constituents;
3. The compliance point under
335-14-5-.06(6); and
4. The
compliance period under 335-14-5-.06(7).
(b) The owner or operator must implement a
corrective action program that prevents hazardous constituents from exceeding
their respective concentration limits at the compliance point by removing the
hazardous waste constituents or treating them in place. The permit will specify
the specific measures that will be taken.
(c) The owner or operator must begin
corrective action within a reasonable time period after the groundwater
protection standard is exceeded. The Department will specify that time period
in the facility permit. If a facility permit includes a corrective action
program in addition to a compliance monitoring program, the permit will specify
when the corrective action will begin and such a requirement will operate in
lieu of 335-14-5-.06(10) (i)2.
(d)
In conjunction with a corrective action program, the owner or operator must
establish and implement a groundwater monitoring program to demonstrate the
effectiveness of the corrective action program. Such a monitoring program may
be based on the requirements for a compliance monitoring program under
335-14-5-.06(10) and must be as effective as that program in determining
compliance with the groundwater protection standard under 335-14-5-.06(3) and
in determining the success of a corrective action program under
335-14-5-.06(11) (e), where appropriate.
(e) In addition to the other requirements of
335-14-5-.06(11), the owner or operator must conduct a corrective action
program to remove or treat in place any hazardous constituents under
335-14-5-.06(4) that exceed concentration limits under 335-14-5-.06(5) in
groundwater:
1. Between the compliance point
under 335-14-5-.06(6) and the downgradient property boundary;
2. Beyond the facility boundary, where
necessary to protect human health and the environment, unless the owner or
operator demonstrates to the satisfaction of the Department that, despite the
owner's or operator's best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such action. The owner/operator is not
relieved of all responsibility to clean up a release that has migrated beyond
the facility boundary where off-site access is denied. On-site measures to
address such releases will be determined on a case-by-case basis.
3. Corrective action measures under
335-14-5-.06(11)(e) must be initiated and completed within a reasonable period
of time considering the extent of contamination; and
4. Corrective action measures under
335-14-5-.06(11)(e) may be terminated once the concentrations of hazardous
constituents under 335-14-5-.06(4) are reduced to levels below their respective
concentration limits under 335-14-5-.06(5).
(f) The owner or operator must continue
corrective action measures during the compliance period to the extent necessary
to ensure that the groundwater protection standard is not exceeded. If the
owner or operator is conducting corrective action at the end of the compliance
period, he must continue that corrective action for as long as necessary to
achieve compliance with the groundwater protection standard. The owner or
operator may terminate corrective action measures taken beyond the period equal
to the active life of the waste management area (including the closure period)
if he can demonstrate, based on data from the groundwater monitoring program
under 335-14-5-.06(11)(d), that the groundwater protection standard of
335-14-5-.06(3) has not been exceeded for a period of three consecutive years.
After such demonstration has been determined adequate by the Department, the
owner or operator shall implement a monitoring plan under 335-14-5-.06(9) or
(10) as specified by the Department.
(g) The owner or operator must report in
writing to the Department on the effectiveness of the corrective action
program. The owner or operator must submit these reports annually.
(h) If the owner or operator determines that
the corrective action program no longer satisfies the requirements of this
section, he must, within 90 days, submit an application for a permit
modification to make any appropriate changes to the program.
(i) The owner or operator must provide
financial assurance for corrective action in compliance with
335-14-5-.06(12)(e).
(12)
Corrective action for solid waste management units.
(a) The owner or operator of a facility
seeking a permit for the treatment, storage, or disposal of hazardous waste
must institute corrective action as necessary to protect human health and the
environment for all releases of hazardous waste or constituents from any solid
waste management unit at the facility, regardless of the time at which waste
was placed in such unit.
(b)
Corrective action will be specified in the permit in accordance with
335-14-5-.06 and
335-14-5-.19.
The permit will contain schedules of compliance for such corrective action
(where such corrective action cannot be completed prior to issuance of the
permit) and land use controls as required by 335-14-5-.06(12) (f).
(c) The owner or operator must implement
corrective actions beyond the facility property boundary, where necessary to
protect human health and the environment, unless the owner or operator
demonstrates to the satisfaction of the Department that, despite the owner's or
operator's best efforts, the owner or operator was unable to obtain the
necessary permission to undertake such actions. The owner/operator is not
relieved of all responsibility to clean up a release that has migrated beyond
the facility boundary where off-site access is denied. On-site measures to
address such releases will be determined on a case-by-case basis.
(d)335-14-5-.06(12) does not apply to
remediation waste management sites unless they are part of a facility subject
to a permit for treating, storing or disposing of hazardous wastes that are not
remediation wastes.
(e) The owner
or operator must maintain a detailed estimate of the cost of corrective action
required by Rules 335-14-5-.06 (11, 335-14-5-.06(12) (b), and 335-14-5-.06(12)
(c). The cost estimate must be in accordance with
335-14-5-.08(10).
Financial assurance must be provided in accordance with
335-14-5-.08(11).
(f) Where corrective actions will result in
hazardous constituents remaining in place at a facility in concentrations
exceeding those appropriate for unrestricted use, the owner or operator must:
1. Establish appropriate land-use controls
designed to minimize exposure to hazardous constituents remaining in place and
to limit inappropriate uses of the contaminated areas of the facility;
and
2. include the following notice
in any deed, mortgage, deed to secure debt, lease, rental agreement, or other
instrument given or caused to be given by the owner or operator which creates
an interest in the facility or the contaminated area of the facility: "This
property has been cleaned up to standards less stringent than those required
for unrestricted use due to the presence of substances regulated under state
law. Certain uses of this property may require additional cleanup. Contact the
property owner or the Alabama Department of Environmental Management for
further information concerning this property"; and
3. submit documentation of compliance with
the requirements of the Uniform Environmental Covenants Program in ADEM Admin.
Code div. 335-5.
Notes
Authors: Stephen C. Maurer; Stephen A. Cobb; Steven 0. Jenkins; C. Edwin Johnston; Metz Duites; Michael B. Champion; Vernon H. Crockett; Bradley N. Curvin; Theresa A. Maines; Tracy P. Strickland; Jonah L. Harris; Sonja B. Favors; Brent A. Watson
Statutory Authority: Code of Ala. 1975, ยงยง 22-30-11, 22-30-12, 22-30-16.
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