Haw. Code R. § 11-265-93 - Preparation, evaluation, and response
(a) The owner or
operator must prepare an outline of a ground-water quality assessment program.
The outline must describe a more comprehensive ground-water monitoring program
(than that described in sections 11-265-91 and 11-265-92) capable of
determining:
(1) Whether hazardous waste or
hazardous waste constituents have entered the ground water;
(2) The rate and extent of migration of
hazardous waste or hazardous waste constituents in the ground water;
and
(3) The concentrations of
hazardous waste or hazardous waste constituents in the ground water.
(b) For each indicator parameter
specified in paragraph 11-265-92(b)(3), the owner or operator must calculate
the arithmetic mean and variance, based on at least four replicate measurements
on each sample, for each well monitored in accordance with paragraph
11-265-92(d)(2), and compare these results with its initial background
arithmetic mean. The comparison must consider individually each of the wells in
the monitoring system, and must use the Student's t-test at the 0.01 level of
significance (see Appendix IV) to determine statistically significant increases
(and decreases, in the case of pH) over initial background.
(c)
(1) If
the comparisons for the upgradient wells made under subsection (b) show a
significant increase (or pH decrease), the owner or operator must submit this
information in accordance with subparagraph 11-265-94(a) (2) (ii).
(2) If the comparisons for downgradient wells
made under subsection (b) show a significant increase (or pH decrease), the
owner or operator must then immediately obtain additional ground-water samples
from those downgradient wells where a significant difference was detected,
split the samples in two, and obtain analyses of all additional samples to
determine whether the significant difference was a result of laboratory
error.
(d)
(1) If the analyses performed under paragraph
(c)(2) confirm the significant increase (or pH decrease), the owner or operator
must provide written notice to the director -- within seven days of the date of
such confirmation -- that the facility may be affecting ground-water
quality.
(2) Within fifteen days
after the notification under paragraph (d)(1), the owner or operator must
develop and submit to the director a specific plan, based on the outline
required under subsection (a) and certified by a qualified geologist or
geotechnical engineer, for a ground-water quality assessment program at the
facility.
(3) The plan to be
submitted under paragraph 11-265-90(d)(1) or paragraph (d)(2) must specify:
(i) The number, location, and depth of
wells;
(ii) Sampling and analytical
methods for those hazardous wastes or hazardous waste constituents in the
facility;
(iii) Evaluation
procedures, including any use of previously-gathered ground-water quality
information; and
(iv) A schedule of
implementation.
(4) The
owner or operator must implement the ground-water quality assessment plan which
satisfies the requirements of paragraph (d)(3), and, at a minimum, determine:
(i) The rate and extent of migration of the
hazardous waste or hazardous waste constituents in the ground water;
and
(ii) The concentrations of the
hazardous waste or hazardous waste constituents in the ground water.
(5) The owner or operator must
make his first determination under paragraph (d)(4) as soon as technically
feasible, and, within fifteen days after that determination, submit to the
director a written report containing an assessment of the ground-water
quality.
(6) If the owner or
operator determines, based on the results of the first determination under
paragraph (d) (4), that no hazardous waste or hazardous waste constituents from
the facility have entered the ground water, then he may reinstate the indicator
evaluation program described in section 11-265-92 and subsection (b). If the
owner or operator reinstates the indicator evaluation program, he must so
notify the director in the report submitted under paragraph (d)(5).
(7) If the owner or operator determines,
based on the first determination under paragraph (d)(4), that hazardous waste
or hazardous waste constituents from the facility have entered the ground
water, then he:
(i) Must continue to make the
determinations required under paragraph (d)(4) on a quarterly basis until final
closure of the facility, if the ground-water quality assessment plan was
implemented prior to final closure of the facility; or
(ii) May cease to make the determinations
required under paragraph (d)(4), if the ground-water quality assessment plan
was implemented during the post-closure care period.
(e) Notwithstanding any other
provision of this subchapter, any ground-water quality assessment to satisfy
the requirements of paragraph (d)(4) which is initiated prior to final closure
of the facility must be completed and reported in accordance with paragraph
(d)(5).
(f) Unless the ground water
is monitored to satisfy the requirements of paragraph (d)(4), at least annually
the owner or operator must evaluate the data on ground-water surface elevations
obtained under subsection 11-265-92(e) to determine whether the requirements
under subsection 11-265-91(a) for locating the monitoring wells continues to be
satisfied. If the evaluation shows that section 11-265-91(a) is no longer
satisfied, the owner or operator must immediately modify the number, location,
or depth of the monitoring wells to bring the ground-water monitoring system
into compliance with this requirement.
Notes
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No prior version found.