Ga. Comp. R. & Regs. R. 391-3-4-.14 - Groundwater Monitoring and Corrective Action
(1) Applicability. All permits and
modifications of permits for solid waste landfills, unless a variance has been
approved, issued after the effective date of this Rule require the installation
of a groundwater monitoring system. Such groundwater monitoring and, if needed,
corrective action shall be conducted in accordance with this Rule. Industrial
solid waste landfills and construction/demolition waste landfills must also
meet the requirements of this Rule unless otherwise exempted by the Division.
CCR units must meet requirements in paragraph (6) of Rule
391-3-4-.10.
(2) Groundwater monitoring requirements under
paragraphs (8) through (50) of this Rule may be suspended by the Director for a
MSWLF unit if the owner or operator can demonstrate that there is no potential
for migration of hazardous constituents from that MSWLF unit to the uppermost
aquifer during the active life of the unit and the post-closure care period.
This demonstration must be certified by a professional geologist registered to
practice in Georgia or a professional geotechnical engineer registered to
practice in Georgia and the demonstration approved by the Director, and must be
based upon:
(a) Site-specific field collected
measurements, sampling, and analysis of physical, chemical, and biological
processes affecting contaminant fate and transport, and
(b) Contaminant fate and transport
predictions that maximize contaminant migration and consider impacts on human
health and the environment.
(3) New MSWLF units must be in compliance
with the groundwater monitoring requirements specified in this Rule before
waste may be placed in the unit.
(4) When referenced in this Rule, Appendix I
and Appendix II constituents shall refer to those constituents as listed in
Appendix I and II of 40 CFR Part 258, Subpart E, as amended, 56 Fed. Reg.
51032-51039 (October 9, 1991), which are hereby incorporated by
reference.
(5) When referenced in
this Rule, Appendix III and Appendix IV constituents shall refer to those
constituents as listed in Appendix III and IV of 40 CFR Part 257, Subpart D, 80
FR 21468, (April 17, 2015), which are hereby incorporated by
reference.
(6) Once established at
a MSWLF unit, groundwater monitoring shall be conducted throughout the active
life and post-closure care period of that MSWLF unit as specified in Rule
391-3-4-.12.
(7) The Director may approve alternative
schedules for demonstrating compliance with paragraph (11)(b) pertaining to
notification of placement of certification in operating record; paragraph
(23)(a) pertaining to notification that statistically significant increase
(SSI) notice is in operating record; paragraph (23)(b) and (c), pertaining to
an assessment monitoring program; paragraph (25), pertaining to sampling and
analyzing Appendix II constituents; paragraph (27)(a) pertaining to placement
of notice (Appendix II constituents detected) in record and notification of
notice in record; paragraph (27)(b) pertaining to sampling of Appendix I and II
to this Rule; paragraph (30) pertaining to notification (and placement of
notice in record) of SSI above groundwater protection standard; paragraphs
(30)(a) and (34) pertaining to assessment of corrective measures; paragraph
(38) pertaining to selection of remedy and notification of placement in
paragraph record; paragraph (46)(d) pertaining to notification of placement in
record (alternative corrective action measures); and paragraph (49) pertaining
to notification of placement in record (certification of remedy
completed).
(8) Groundwater
Monitoring Systems. A groundwater monitoring system must be installed that
consists of a sufficient number of wells, installed at appropriate locations
and depths, to yield groundwater samples from the upper most aquifer that:
(a) Represent the quality of background
groundwater that has not been affected by leakage from a unit. A determination
of background quality may include sampling of wells that are not hydraulically
upgradient of the waste management area where:
1. Hydrogeologic conditions do not allow the
owner or operator to determine what wells are hydraulically upgradient;
or
2. Sampling at other wells will
provide an indication of background groundwater quality that is as
representative or more representative than that provided by the upgradient
wells; and
(b) Represent
the quality of groundwater passing the relevant point of compliance specified
by the Director under Rule
391-3-4-.07. The downgradient
monitoring system must be installed at the relevant point of compliance
specified by the Director under this Rule. When physical obstacles preclude
installation of groundwater monitoring wells at the relevant point of
compliance at existing units, the downgradient monitoring system may be
installed at the closest practicable distance hydraulically downgradient from
the relevant point of compliance specified by the Director under Rule
391-3-4-.07 that ensures detection
of groundwater contamination in the uppermost aquifer.
(9) The Director may approve a multi-unit
groundwater monitoring system instead of separate groundwater monitoring
systems for each MSWLF unit when the facility has several units, provided the
multi-unit groundwater monitoring system meets the requirement of paragraph (8)
of this Rule and will be as protective of human health and the environment as
individual monitoring systems for each MSWLF unit, based on the following
factors:
(a) Number, spacing, and orientation
of their MSWLF units;
(b)
Subsurface and Surface Hydrogeologic setting;
(c) Site history;
(d) Engineering design of the MSWLF units,
and
(e) Type of waste accepted at
the MSWLF units.
(10)
Monitoring wells must be cased in manner that maintains the integrity of the
monitoring well borehole and prevents interaquifer migration of fluids. 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 borehole and well casing) above the sampling depth
must be sealed to prevent contamination of samples and the groundwater.
(a) The owner or operator must notify the
Director that the design, installation, development and decommission of any
monitoring wells, piezometers and other measurement, sampling, and analytical
devices documentation has been placed in the operating record; and
(b) The monitoring wells, piezometers, and
other measurement, sampling, and analytical devices must be operated and
maintained so that they perform to design specifications throughout the life of
the monitoring program. Monitoring wells and piezometers shall be constructed
by drillers having a valid and current bond with the Water Wells Standards
Advisory Council. Monitoring wells require replacement after two dry sampling
events, unless an alternate schedule has been approved by the
Division.
(11) The
number, spacing, and depths of monitoring systems shall be:
(a) Determined based upon site-specific
technical information that must include thorough characterization of:
1. Aquifer thickness, groundwater flow rate,
groundwater flow direction including seasonal and temporal fluctuations in
groundwater flow; and
2. Saturated
and unsaturated geologic units and fill materials over lying the upper most
aquifer, materials comprising the uppermost aquifer, and materials comprising
the confining unit defining the lower boundary of the upper most aquifer;
including, but not limited to: thickness, stratigraphy, lithology, hydraulic
conductivities, porosities and effective porosities.
(b) Certified by a qualified groundwater
scientist. Within 14 days of this certification, the owner or operator must
notify the Director that the certification has been placed in the operating
record.
(12) Groundwater
Sampling and Analysis Requirements. The groundwater monitoring program must
include consistent sampling and analysis procedures that are designed to ensure
monitoring results that provide an accurate representation of groundwater
quality at the background and downgradient wells installed in compliance with
paragraph (8) of this Rule. The owner or operator must notify the Director that
the sampling and analysis program documentation has been placed in the
operating record and the program must include procedures and techniques for:
(a) Sample collection;
(b) Sample preservation and
shipment;
(c) Analytical
procedures;
(d) Chain of custody
control; and
(e) Quality assurance
and quality control.
(13)
The groundwater monitoring program must include sampling and analytical methods
that are appropriate for groundwater sampling and that accurately measure
hazardous constituents and other monitoring parameters in groundwater samples.
Groundwater samples are not normally field-filtered prior to laboratory
analysis. If samples are filtered, then both filtered and unfiltered samples
shall be collected and submitted to the laboratory for analysis.
(14) The sampling procedures and frequency
must be protective of human health and the environment.
(15) Groundwater elevations must be measured
in each well immediately prior to purging, each time groundwater is sampled.
The owner or operator must determine the rate and direction of groundwater flow
each time groundwater is sampled. Groundwater elevations in wells which monitor
the same waste management area must be measured within a period of time short
enough to avoid temporal variations in groundwater flow which could preclude
accurate determinations of groundwater flow rate and direction.
(16) The owner or operator must establish
background groundwater quality in a hydraulically upgradient or background
well(s) for each of the monitoring parameters or constituents required in the
particular groundwater monitoring program that applies to the MSWLF unit, as
determined under paragraph (21) or (24) of this Rule. Background groundwater
quality may be established at wells are not located hydraulically upgradient
form the MSWLF unit if it meets the requirements of paragraph (8)(a) of this
Rule.
(17) The number of samples
collected to establish groundwater quality data must be consistent with the
appropriate statistical procedures determined pursuant to paragraph (18) of
this Rule. The sampling procedures shall be those specified in paragraph (22)
for detection monitoring, paragraphs (24) and (27) for assessment monitoring,
and paragraph (35) for corrective action.
(18) The owner or operator must specify in
the operating record one of the following statistical methods to be used in
evaluating groundwater monitoring data for each hazardous constituent. The
statistical test chosen shall be conducted separately for each hazardous
constituent in each well.
(a) 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.
(b) An analysis of variance (ANOVA) based on
the 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.
(c) 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.
(d) A control chart approach
that gives control limits for each constituent.
(e) Another statistical method that meets the
requirements of Statistical Analysis of Groundwater Monitoring Data at RCRA
Facilities Unified Guidance (EPA-530-R-09-007 March 2009).
(19) Any statistical method chosen under
paragraph (18) of this Rule shall comply with the following performance
standards, as appropriate:
(a) The
statistical method used 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.
(b) 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.
(c) 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 protective of human health and the
environment. The parameters shall be determined after considering the number of
samples in the background data base, the data distribution, and the range of
the concentration values for each constituent of concern.
(d) If a tolerance interval or a predictional
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 protective of human health and the
environment. These parameters shall be determined after considering the number
of samples in the background data base, the data distribution, and the range of
the concentration values for each constituent of concern.
(e) 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 quantitation
limit (pql) 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.
(f) 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.
(20) The owner
or operator must determinewhether or not there is a statistically significant
increase over background values for each parameter or constituent required in
the particular groundwater monitoring program that applies to the MSWLF unit,
as determined in paragraphs (21) or (24) of this Rule.
(a) In determining whether a statistically
significant increase has occurred, the owner or operator must compare the
groundwater quality of each parameter or constituent at each monitoring well
designated pursuant to subparagraph (8)(b) of this Rule to the background value
of that constituent, according to the statistical procedures and performance
standards specified under paragraphs (18) and (19) of this Rule.
(b) Within a reasonable period of time after
completing sampling and analysis, the owner or operator must determine whether
there has been a statistically significant increase over background at each
monitoring well.
(21)
Detection Monitoring. Detection monitoring is required at MSWLF units at all
groundwater monitoring wells defined in subparagraphs (8)(a) and (b) of this
Rule. At a minimum, a detection monitoring program must include the monitoring
for the constituents listed in Appendix I of this Rule.
(a) The Director may delete any of the
Appendix I monitoring parameters for a MSWLF unit if it can be shown that the
removed constituents are not reasonably expected to be contained in or
delivered from the waste contained in the unit.
(b) The Director may establish an alternative
list of inorganic indicator for a MSWLF unit, in lieu of some or all of the
heavy metals (constituents 1-15 in Appendix I to this Rule), if the alternative
parameters provide a reliable indication of inorganic releases from the MSWLF
unit to the groundwater. In determining alternative parameters, the Director
shall consider the following factors:
1. The
types, quantities, and concentrations of constituents in wastes managed at the
MSWLF unit;
2. The mobility,
stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the MSWLF unit;
3. The detectability of indicator parameters,
waste constituents, and reaction products in the groundwater; and
4. The concentration or values and
coefficients of variation of monitoring parameters or constituents in the
groundwater background.
(c) After the effective date of the Rule,
owners and operators of MSWLs and Commercial Industrial Landfills must add
Appendix III to their detection monitoring parameters before the initial
receipt of CCR. MSWLs and Commercial Industrial Landfills that accepted CCR
before the effective date of the Rule must incorporate the Appendix III
constituents into their monitoring plan by minor modification within 180 days
from the effective date of the Rule.
(d) The Director will not delete parameters
or establish alternate parameter lists discussed under subparagraphs (21)(a)
and (b) for those facilities accepting CCR wastes.
(e) The Director may require additional
parameters based on waste descriptions.
(22) The monitoring frequency for all
constituents listed in Appendix I to this Rule, or in the alternative list
approved in accordance with subparagraph (21)(b) of this Rule, shall be at
least semiannual during the active life of the facility (including closure) and
the post-closure care period. A minimum of four independent samples from each
well (background and downgradient) must be collected and analyzed for the
Appendix I constituents, or the alternative list approved in accordance with
subparagraph (21)(b) of this Rule, during the first semiannual sampling event.
At least one sample from each well (background and downgradient) must be
collected and analyzed during subsequent semiannual sampling events. The
Director may specify an appropriate alternative frequency for repeated sampling
and analysis for Appendix I constituents, or the alternative list approved in
accordance with subparagraph (21)(b) of this Rule, during the active life
(including closure) and the post-closure care period. The alternative frequency
during the active life (including closure) shall be no less than annual. The
alternative frequency shall be based on consideration of the following factors:
(a) Lithology of the aquifer and unsaturated
zone;
(b) Hydraulic conductivity of
the aquifer and unsaturated zone;
(c) Groundwater flow rates;
(d) Minimum distance between upgradient edge
of the MSWLF unit and downgradient monitoring well screen (minimum distance of
travel); and
(e) Resource value of
the aquifer.
(23) If the
owner or operator determines, pursuant to paragraph (18) of this Rule, that
there is statistically significant increase over background for one or more of
the constituents listed in Appendix I to this Rule, or in the alternative list
approved in accordance with subparagraph (21)(b) of this Rule, at any
monitoring well at the boundary specified under subparagraph (8)(b) of this
Rule, the owner or operator:
(a) Must, within
14 days of this finding, place a notice in the operating record indicating
which constituents have shown statistically significant changes from background
levels, and notify the Director that this notice was placed in the operating
record; and
(b) Must establish an
assessment monitoring program meeting the requirements of paragraphs (20)
through (33) of this Rule within 90 days except as provided for in subparagraph
(23)(c) of this Rule.
(c) The
owner/operator may demonstrate that a source other than a MSWLF unit caused the
contamination or that the statistically significant increase resulted from
error in sampling, analysis, statistical evaluation, or natural variation in
groundwater quality. A report documenting this demonstration must be certified
by a qualified groundwater scientist or approved by the Director and be placed
in the operating record. If a successful demonstration is made and documented,
the owner or operator may continue detection monitoring as specified in
paragraphs (22) and (23) of this Rule. If, after 90 days, a successful
demonstration is not made, the owner or operator must initiate an assessment
monitoring program as required in paragraphs (24) through (33) of this
Rule.
(24) Assessment
Monitoring Program. Assessment monitoring is required whenever a statistically
significant increase over background has been detected for one or more of the
constituents listed in Appendix I or in the alternative list approved in
accordance with subparagraph (21)(b) of this Rule.
(25) Within 90 days of triggering an
assessment monitoring program, and annually thereafter, the owner or operator
must sample and analyze the groundwater for all constituents identified in
Appendix II of this Rule. A minimum of one sample from each downgradient well
must be collected and analyzed during each sampling event. For any constituent
detected in the downgradient wells as the result of the complete Appendix II
analysis, a minimum of four independent samples from each well (background and
downgradient) must be collected and analyzed to establish background for the
new constituents. The Director may specify an appropriate subset of wells to be
sampled and analyzed for Appendix II constituents during assessment monitoring.
The Director may delete any of the Appendix II monitoring parameters for a
MSWLF unit if it can be shown that the removed constituents are not reasonably
expected to be in or derived from the waste contained in the unit. Owners and
operators of MSWLs and Commercial Industrial Landfills that will accept CCR
after the effective date of the Rule must include Appendix IV in the assessment
monitoring parameters before the initial receipt of CCR. MSWLs and Commercial
Industrial Landfills that accepted CCR before the effective date of the Rule
and with known releases must incorporate Appendix IV constituents into their
monitoring plans by minor modification within 180 days from the effective date
of the Rule.
(26) The Director may
specify an appropriate alternate frequency for repeated sampling and analysis
for the full set of Appendix II constituents required by paragraph (25) of this
Rule, during the active life (including closure) and post-closure care of the
unit considering the following factors:
(a)
Lithology of the aquifer and unsaturated zone;
(b) Hydraulic conductivity of the aquifer and
unsaturated zone;
(c) Groundwater
flow rates;
(d) Minimum distance
between upgradient edge of the MSWLF unit and downgradient monitoring well
screen (minimum distance of travel);
(e) Resource value of the aquifer;
and
(f) Nature (fate and transport)
of any constituents detected in the response to this Rule.
(27) After obtaining the results from the
initial or subsequent sampling events required in paragraph (25) of this Rule,
the owner or operator must:
(a) Within 14
days, place a notice in the operating record identifying the Appendix II
constituents that have been detected and notify the Director that this notice
has been placed in the operating record;
(b) Within 90 days, and on at least a
semiannual bas is thereafter, resample all wells specified by paragraph (8) of
this Rule, conduct analyses for all constituents in Appendix I to this Rule or
in the alternative list approved in accordance with subparagraph (21)(b) of
this Rule and for those constituents in Appendix II to this Rule that are
detected in response to paragraph (25) of this Rule, and record their
concentrations in the facility operating record. At least one sample from each
well (background and downgradient) must be collected and analyzed during these
sampling events. The Director may specify an alternative monitoring frequency
during the active life (including closure) and the post-closure care period for
the constituents referred to in this paragraph. The alternative frequency for
Appendix I constituents, or the alternative list approved in accordance with
subparagraph (21)(b) of this Rule during the active life (including closure)
shall be no less than annual. The alternative frequency shall be based on
consideration of the factors specified in paragraph (26) of this
Rule;
(c) Establish background
concentrations for any constituents detected pursuant to paragraph (25) or
subparagraph (27)(b) of this Rule; and
(d) Establish groundwater protection
standards for all constituents detected pursuant to paragraph (25) or (27) of
this Rule. The groundwater protection standards shall be established in
accordance with paragraph (31) or (32) of this Rule.
(28) If the concentrations of all Appendix II
constituents are shown to be at or below background values, using the
statistical procedures in paragraph (18) of this Rule, for two consecutive
sampling events, the owner or operator must notify the Director of this finding
and may return to detection monitoring.
(29) If the concentrations of any Appendix II
constituents are above background values, but all concentrations are below the
groundwater protection standard established under paragraphs (31) or (32) of
this Rule, using the statistical procedures in paragraph (18) of this Rule, the
owner or operator must continue assessment monitoring in accordance with this
section.
(30) If one or more
Appendix II constituents are detected at statistically significant levels above
the groundwater protection standard established under paragraph (31) or (32) of
this Rule in any event, the owner or operator must, within 14 days of this
finding, place a notice in the operating record identifying the Appendix II
constituents have exceeded the groundwater protection standard and notify the
Director and all appropriate local government officials that the notice has
been placed in the operating record. The owner or operator also:
(a) Must characterize the nature and extent
of the release by installing additional monitoring wells as
necessary;
(b) If the point of
compliance is not at the facility boundary, the owner/operator must install at
least one additional monitoring well at the facility boundary in the direction
of contaminant migration and sample this well in accordance with subparagraph
(27)(b) of this Rule.
(c) Must
notify all persons who own the land or reside on the land that directly over
lies any part of the plume of contamination if contaminants have migrated
off-site if indicated by sampling of wells in accordance with subparagraph
(30)(a) of this Rule; and
(d) Must
initiate an assessment of corrective measures as required by paragraphs (34)
through (37) of this Rule within 90 days; or
(e) May demonstrate that a source other than
a MSWLF unit caused the contamination, or that the SSI resulted from error in
sampling, analysis, statistical evaluation, or natural variation in groundwater
quality. A report documenting this demonstration must be certified by a
qualified groundwater scientist or approved by the Director and placed in the
operating record. If a successful demonstration is made the owner or operator
must continue monitoring in accordance with the assessment monitoring program
pursuant to paragraphs (24) through (33) of this Rule and may return to
detection monitoring if the Appendix II constituents are at or below background
as specified in paragraph (28) of this Rule. Until a successful demonstration
is made, the owner or operator must comply with subparagraph (30)(a) and (e),
including initiating an assessment of corrective measures.
(31) The owner or operator must establish a
groundwater protection standard for each Appendix II constituent detected in
the groundwater. The groundwater protection standard shall be:
(a) For constituents for which a maximum
contaminant level (MCL) has been promulgated under section 1412 of the Safe
Drinking Water Act (codified) under 40 CFR part 141, the MCL for that
constituent;
(b) For constituents
for which MCLs have not been promulgated, the background concentration for the
constituent established from wells in accordance with subparagraph (8)(a) of
this Rule; or
(c) For constituents
for which the background level is higher than the MCL identified under
subparagraph (31)(a) of this Rule or health based levels identified under
subparagraph (32)(a) of this Rule, the background concentration.
(32) The Director may establish an
alternative groundwater protection standard for constituents for which MCLs
have not been established. These groundwater protection standards shall be
appropriate health based levels that satisfy the following criteria:
(a) The level is derived in a manner
consistent with applicable state and federal guidelines for assessing the
health risks of environmental pollutants (51 Fed. Reg. 33992, 34006, 34014,
34028; September 24, 1986).
(b) The
level is based on scientifically valid studies conducted in accordance with the
Toxic Substances Control Act Good Laboratory Practice Standards (40 CFR part
792) or equivalent;
(c) For
carcinogens, the level represents a concentration associated with an excess
lifetime cancer risk level (due to continuous lifetime exposure) within the
1×10 -4 to 1×10-6 range; and
(d) For systemic toxicants, the level
represents a concentration to which the human population (including sensitive
subgroups) could be exposed to on a daily basis that is likely to be without
appreciable risk of deleterious effects during a lifetime. For purposes of this
paragraph, systemic toxicants include toxic chemicals that cause effects other
than cancer or mutation.
(33) In establishing groundwater protection
standards under paragraph (32) of this Rule, the Director may consider the
following:
(a) Multiple contaminants in the
groundwater;
(b) Exposure threats
to sensitive environmental receptors; and
(c) Other site-specific exposure or potential
exposure to groundwater.
(34) Assessment of Corrective Measures.
Within 90 days of finding that any of the constituents listed in Appendix II
have been detected at a statistically significant level exceeding the
groundwater protection standards defined in paragraph (31) or (32) of this
Rule, the owner or operator must initiate an assessment of corrective measures.
Such an assessment must be completed within a reasonable period of
time.
(35) The owner or operator
must continue to monitor in accordance with the assessment monitoring program
as specified in paragraphs (24) through (33) of this Rule.
(36) The assessment shall include an analysis
of the effectiveness of potential corrective measures in meeting all of the
requirements and objectives of the remedy as described in paragraphs (38)
through (43) of this Rule addressing at least the following:
(a) The performance, reliability, ease of
implementation, and potential impacts of appropriate potential remedies,
including safety impacts, cross media impacts, and control of exposure to any
residual contamination;
(b) The
time required to begin and complete the remedy;
(c) The cost of remedy implementation;
and
(d) Other environmental or
public health requirements that may substantially affect implementation of the
remedy(s).
(e) Local, state or
federal permit requirements.
(37) The owner or operator must discuss the
results of the corrective measures assessment, prior to the selection of
remedy, in a public meeting with interested and affected parties.
(38) Selection of Remedy. Based on the
results of the corrective measures assessment conducted under paragraphs (34)
through (37) of this Rule, the owner or operator must select a remedy that, at
a minimum, meets the standards listed in paragraph (39) of this Rule and
develop a Corrective Action Plan (CAP) for implementation of the remedy. The
owner or operator must notify the Director, within 14 days of selecting a
remedy, that. The owner or operator must notify the Director, within 14 days of
selecting a remedy, that a report describing the selected remedy has been
placed in the operating record and how it meets the standards in paragraph (39)
of this Rule.
(39) Remedies must:
(a) Be protective of human health and the
environment;
(b) Attain the
groundwater protection standard as specified pursuant to paragraph (31) or (32)
of this Rule.
(c) Control the
source(s) of releases so as to reduce or eliminate, to the maximum extent
practicable, further releases of Appendix II constituents into the environment
that may pose a threat to human health or the environment; and
(d) Comply with standards for management of
wastes as specified in paragraph (47) of this Rule.
(40) In selecting a remedy that meets the
standards of paragraph (31) of this Rule, the owner or operators hall consider
the following evaluation factors:
(a) The
long- and short-term effectiveness and protectiveness of the potential
remedy(s), along with the degree of certainty that the remedy will prove
successful based on consideration of the following:
1. Magnitude of reduction of existing
risks;
2. Magnitude of residual
risks in terms of likelihood of further releases due to waste remaining
following implementation of a remedy;
3. The type and degree of long-term
management required, including monitoring, operation, and
maintenance;
4. Short-term risks
that might be posed to the community, workers, or the environment during
implementation of such a remedy, including potential threats to human health
and the environment associated with excavation, transportation, and redisposal
or containment;
5. Time until full
protection is achieved;
6.
Potential for exposure of humans and environmental receptors to remaining
wastes, considering the potential threat to human health and the environment
associated with excavation, transportation, redisposal, or
containment;
7. Long-term
reliability of the engineering and institutional controls; and
8. Potential need for replacement of the
remedy.
(b) The
effectiveness of the remedy in controlling the source to reduce further
releases based on consideration of the following factors;
1. The extent to which containment practices
will reduce further releases;
2.
The extent to which treatment technologies may be used.
(c) The ease or difficulty of implementing a
potential remedy(s) based on consideration of the following types of factors:
1. Degree of difficulty associated with
construction the technology;
2.
Expected operational reliability of the technologies;
3. Need to coordinate with and obtain
necessary approvals and permits from other agencies;
4. Availability of necessary equipment and
specialists; and
5. Available
capacity and location of needed treatment, storage, and disposal
services.
(d) Practicable
capability of the owner or operator, including a consideration of the technical
and economic capability.
(e) The
degree to which community concerns are addressed by a potential
remedy(s).
(41) The owner
or operator shall specify as part of the selected remedy a schedule(s) for
initiating and completing remedial activities. Such a schedule must require the
initiation of remedial activities within a reasonable period of time taking
into consideration the factors set forth in subparagraphs (41)(a) through(h) of
this Rule. The owner or operator must consider the following factors in
determining the schedule or remedial activities.
(a) Extent and nature of
contamination;
(b) Practical
capabilities of remedial technologies in achieving compliance with groundwater
protection standards established in paragraph (31) or (32) of this Rule and
other objectives of the remedy;
(c)
Availability of treatment or disposal capacity for wastes managed during
implementation of the remedy;
(d)
Desirability of utilizing technologies that are not currently available, but
which may offer significant advantages over already available technologies in
terms of effectiveness, reliability, safety, or ability to achieve remedial
objectives.
(e) Potential risks to
human health and the environment from exposure to contamination prior to
completion of the remedy;
(f)
Resource value of the aquifer including:
1.
Current and future uses;
2.
Proximity and withdrawal rate of users;
3. Groundwater quantity and
quality;
4. The potential damage to
wildlife, crops, vegetation, and physical structures caused by exposure to
waste constituents;
5. The
hydrologic characteristic of the facility and surrounding land;
6. Groundwater removal and treatment costs;
and
7. The cost and availability of
alternative water supplies.
(g) Practicable capability of the owner or
operator.
(h) Other relevant
factors.
(42) The
Director may determine that remediation of a release of an Appendix II
constituent from a MSWLF unit is not necessary if the owner or operator
demonstrates to the satisfaction of the Director that:
(a) The groundwater is additionally
contaminated by substances that have originated from a source other than a
MSWLF unit and those substances are present in concentrations such that cleanup
of the release from the MSWLF unit would provide no significant reduction in
risk to actual or potential receptors; or
(b) The constituent(s) is present in
groundwater that:
1. Is not currently or
reasonably expected to be a source of drinking water; and
2. Is not hydraulically connected with waters
to which the hazardous constituents are migrating or are likely to migrate in a
concentration(s) that would exceed the groundwater protection standards
established under paragraph (31) or (32) of this Rule; or
(c) Remediation of the release(s) is
technically impracticable; or
(d)
Remediation results in unacceptable cross-media impacts.
(43) A determination by the Director pursuant
to paragraph (42) of this Rule shall not affect the authority of the state to
require the owner or operator to undertake source control measures or other
measures that may be necessary to eliminate or minimize further releases to the
groundwater, to prevent exposure to the groundwater, or to remediate the
groundwater to concentrations that are technically practicable and
significantly reduce threats to human or the environment.
(44) Implementation of the Corrective Action
Program. Based on the schedule established under paragraph (41) of this Rule
for initiation and completion of remedial activities, the owner or operator
must:
(a) Establish and implement a
corrective action groundwater monitoring program that;
1. At a minimum, meets the requirements of an
assessment monitoring program under paragraphs (24) through (33) of this
Rule;
2. Indicates the
effectiveness of the corrective action remedy; and
3. Demonstrates compliance with groundwater
protection standard pursuant to paragraph (48) of this Rule.
(b) Implement the corrective
action remedy selected under paragraphs (38) through (43) of this Rule;
and
(c) Take any interim measures
necessary to ensure the protection of human health and the environment. Interim
measures should, to the greatest extent practicable, be consistent with the
objectives of and contribute to the performance of any remedy that may be
required pursuant to paragraphs (28) through (43) of this Rule. The following
factors must be considered by an owner or operator in determining whether
interim measures are necessary.
1. Time
required to develop and implement a final remedy;
2. Actual or potential exposure of nearby
populations or environmental receptors to hazardous constituents;
3. Actual or potential contamination of
drinking water supplies or sensitive ecosystems;
4. Further degradation of the groundwater
that may occur if remedial action is not initiated expeditiously;
5. Weather conditions that may cause
hazardous constituents to migrate or be released;
6. Risks of fire or explosion, or potential
for exposure to hazardous constituents as a result of an accident or failure of
a container or handling system; and
7. Other situations that may pose threats to
human health and the environment.
(45) An owner or operator may determine,
based on information developed after implementation of the remedy has begun or
other information, that compliance with requirements paragraph (31) of this
Rule are not being achieved through the remedy selected. In such cases, the
owner or operator must implement other methods or techniques that could
practicably achieve compliance with the requirements, unless the owner or
operator makes the determination under paragraph (46) of this Rule.
(46) If the owner or operator determines that
compliance with requirements under paragraph (31) of this Rule cannot be
practically achieved with any currently available methods, the owner or
operator must:
(a) Obtain certification of a
qualified groundwater scientist or approval by the Director that compliance
with requirements under paragraph (31) of this Rule cannot be practically
achieved with any currently available methods;
(b) Implement alternate measures to control
exposure of humans or the environment to residual contamination, as necessary
to protect human health and the environment; and
(c) Implement alternate measures for control
of the sources of contamination, or for removal or decontamination of
equipment, units, devices, or structures that are:
1. Technically practicable; and
2. Consistent with the overall objective of
the remedy.
(d) Notify
the Director within 14 days that a report justifying the alternative measures
prior to implementing the alternative measures has been placed in the operating
record.
(47) All solid
wastes that are managed pursuant to a remedy required in paragraphs (38)
through (43) of this Rule, or an interim measure required in paragraph (44)(c)
of this Rule, shall be managed in a manner:
(a) That is protective of human health and
the environment; and
(b) That
complies with applicable state Solid and Hazardous Waste Management Rules and
federal Solid and Hazardous Waste Management Rules.
(48) Remedies selected pursuant to paragraphs
(38) through (43) of this Rule shall be considered complete when:
(a) The owner or operator complies with the
groundwater protection standards established under paragraph (31) or (32) of
this Rule at all points within the plume of contamination that lie beyond the
groundwater monitoring well system established under paragraph (8) of this
Rule.
(b) Compliance with the
groundwater protection standards established in paragraph (30) or (31) of this
Rule has been achieved by demonstrating that concentrations of Appendix II
constituents have not exceeded the groundwater protection standard(s) for a
period of three consecutive years using the statistical procedures and
performance standards in paragraphs (18) and (19) of this Rule. The Director
may specify an alternative length of time during which the owner or operator
must demonstrate that concentrations of Appendix II constituents have not
exceeded the groundwater protection standard(s) taking into consideration:
1. Extent and concentration of the
release(s);
2. Behavior
characteristics of the hazardous constituents in the groundwater;
3. Accuracy of monitoring or modeling
techniques, including any seasonal, meteorological, or other environmental
variabilities that may affect the accuracy; and
4. Characteristics of the
groundwater.
(c) All
actions required to complete the remedy have been satisfied.
(49) Upon completion of the
remedy, the owner or operator must notify the Director within 14 days that a
certification that the remedy has been completed in compliance with the
requirements of paragraph (48) of this Rule has been placed in the operating
record. The certification must be signed by the owner or operator and by a
professional geologist, geotechnical or professional engineer registered to
practice in Georgia and approved by the Director.
(50) When upon completion of the
certification, the owner or operator determines that the corrective action
remedy has been completed in accordance with the requirements in paragraph (48)
of this Rule, the owner or operator shall be released from the requirements for
financial assurance for corrective action under Rule
391-3-4-.13.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.