Haw. Code R. § 11-264-99 - Compliance monitoring program
An owner or operator required to establish a compliance monitoring program under this subchapter must, at a minimum, discharge the following responsibilities:
(a) The
owner or operator must monitor the ground water to determine whether regulated
units are in compliance with the ground-water protection standard under section
11-264-92. The director will specify the ground-water protection standard in
the facility permit, including:
(1) A list of
the hazardous constituents identified under section 11-264-93;
(2) Concentration limits under section
11-264-94 for each of those hazardous constituents;
(3) The compliance point under section
11-264-95; and
(4) The compliance
period under section 11-264-96.
(b) The owner or operator must install a
ground-water monitoring system at the compliance point as specified under
section 11-264-95. The ground-water monitoring system must comply with
paragraph 11-264-97(a)(2) and subsections 11-264-97(b) and (c).
(c) The director will specify the sampling
procedures and statistical methods appropriate for the constituents and the
facility, consistent with subsections 11-264-97(g) and (h).
(1) The owner or operator must conduct a
sampling program for each chemical parameter or hazardous constituent in
accordance with subsection 11-264-97(g).
(2) The owner or operator must record
ground-water analytical data as measured and in form necessary for the
determination of statistical significance under subsection 11-264-97(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 subsection (a), at a frequency specified under subsection (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 subsection 11-264-97(h).
The method(s) must compare data collected at the compliance point(s) to a
concentration limit developed in accordance with section 11-264-94.
(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 director 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
ground-water samples.
(e) The owner or operator must determine the
ground-water flow rate and direction in the uppermost aquifer at least
annually.
(f) The director will
specify the frequencies for collecting samples and conducting statistical tests
to determine statistically significant evidence of increased contamination in
accordance with subsection 11-264-97(g). A sequence of at least four samples
from each well (background and compliance wells) must be collected at least
semi-annually during the compliance period of the facility.
(g) The owner or operator must analyze
samples from all monitoring wells at the compliance point for all constituents
contained in Appendix IX of chapter 11-264 at least annually to determine
whether additional hazardous constituents are present in the uppermost aquifer
and, if so, at what concentration, pursuant to procedures in subsection
11-264-98(f). If the owner or operator finds Appendix IX constituents in the
ground water that are not already identified in the permit as monitoring
constituents, the owner or operator may resample within one month and repeat
the Appendix IX 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 director within seven days after the completion
of the second analysis and add them to the monitoring list. If the owner or
operator chooses not to resample, then he or she must report the concentrations
of these additional constituents to the director within seven days after
completion of the initial analysis and add them to the monitoring
list.
(h) If the owner or operator
determines pursuant to subsection (d) that any concentration limits under
section 11-264-94 are being exceeded at any monitoring well at the point of
compliance he or she must:
(1) Notify the
director of this finding in writing within seven days. The notification must
indicate what concentration limits have been exceeded.
(2) Submit to the director an application for
a permit modification to establish a corrective action program meeting the
requirements of section 11-264-100 within one hundred and eighty days, or
within ninety days if an engineering feasibility study has been previously
submitted to the director under paragraph 11-264-98(h)(5). The application must
at a minimum include the following information:
(i) A detailed description of corrective
actions that will achieve compliance with the ground water protection standard
specified in the permit under subsection (a); and
(ii) A plan for a ground-water monitoring
program that will demonstrate the effectiveness of the corrective action. Such
a ground-water monitoring program may be based on a compliance monitoring
program developed to meet the requirements of this section.
(i) If the owner or
operator determines, pursuant to subsection (d), that the ground-water
concentration limits under this section are being exceeded at any monitoring
well at the point of compliance, he or she may demonstrate that a source other
than a regulated unit caused the contamination or that the detection is an
artifact caused by an error in sampling, analysis, or statistical evaluation or
natural variation in the ground water. In making a demonstration under this
subsection, the owner or operator must:
(1)
Notify the director in writing within seven days that he intends to make a
demonstration under this subsection;
(2) Within ninety days, submit a report to
the director which demonstrates that a source other than a regulated unit
caused the standard to be exceeded or that the apparent noncompliance with the
standards resulted from error in sampling, analysis, or evaluation;
(3) Within ninety days, submit to the
director an application for a permit modification to make any appropriate
changes to the compliance monitoring program at the facility; and
(4) Continue to monitor in accord with the
compliance monitoring program established under this section.
(j) If the owner or operator
determines that the compliance monitoring program no longer satisfies the
requirements of this section, he must, within ninety days, submit an
application for a permit modification to make any appropriate changes to the
program.
Notes
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