(A) Applicability.
(1) General applicability. In accordance with
the schedule in paragraphs (A)(2) and (A)(3) of this rule, the owner or
operator of a sanitary landfill facility shall implement a ground water
monitoring program capable of determining the impact of the facility on the
quality of ground water occurring within the uppermost aquifer system and all
significant zones of saturation above the uppermost aquifer system underlying
the sanitary landfill facility. The ground water monitoring program
has
shall have
the following elements:
(a) A ground water
detection monitoring program which shall be documented within a ground water
detection monitoring plan. The ground water detection monitoring plan shall be
submitted into the operating record in accordance with rule
3745-27-09
of the Administrative Code. The ground water detection monitoring plan shall
include
, but is not limited to
, a description of the following:
(i) A monitoring system in accordance with
paragraph (B) of this rule.
(ii)
Sampling and analysis procedures, including an appropriate statistical method,
in accordance with paragraph (C) of this rule.
(iii) Detection monitoring procedures,
including monitoring frequency and a parameter list, in accordance with
paragraph (D) of this rule.
(b) A ground water quality assessment
monitoring program
which is
to be implemented
in
accordance with paragraph (E)
when there is a
statistically significant increase over background of waste-derived
constituents within the ground water system determined during detection
monitoring unless a demonstration of a false positive is presented under
paragraph (D)(7)(c)(i) of this rule
or
presented and approved under paragraph (D)(7)(c)(ii) of this rule. A
ground water quality assessment monitoring program includes
, but is not limited to
,
the following:
(i) A ground water
quality assessment plan in accordance with paragraphs
(E)(4)
(E)(3)
and
(E)(5)
(E)(4) of this rule.
(ii) Determinations of rate, extent, and
concentration of waste-derived constituents detected in the ground water in
accordance with paragraph (E)(5) of this rule.
(iii) Notification to persons residing on or
owning land above the contaminant plume in accordance with paragraph
(E)(11)
(E)(10)
of this rule.
(iv) Submission
of a ground water quality assessment report in accordance with paragraph
(E)(7)
(E)(6)
of this rule.
(v) Where applicable,
the requirements of paragraphs (B) to (D) of this rule.
(vi) Where applicable, submission of a
compliance monitoring plan in accordance with paragraph
(E)(8)
(E)(7)
of this rule.
(c) A
corrective measures program
which is
to be implemented
when
waste-derived constituents from the facility have entered the ground
water
in accordance with paragraph (F) of this
rule. A corrective measures program includes
, but is not limited to
, the following:
(i) A corrective measures plan in accordance
with paragraphs (F)(2) and (F)(3) of this rule.
(ii) Proposed concentration levels in
accordance with paragraph (F)(7) of this rule.
(iii) A public meeting held to discuss the
results of the ground water quality assessment report and corrective measures
plan with interested persons in accordance with paragraph (F)(4) of this
rule.
(iv) Selection and
implementation of a corrective measure in accordance with
paragraphs
paragraph (F)(10) of this rule.
(v) Where applicable, the requirements of
paragraphs (B) to (D) of this rule.
(2) Schedule for implementation of revisions
to the ground water monitoring program.
(a)
The owner or operator of an operating sanitary landfill facility subject to
rule
3745-27-19
of the Administrative Code
, shall make any
applicable revisions to the facility ground water monitoring program, submit
revisions to the operating record, and implement any measures required by
amendments to this rule
within
not later than two hundred seventy days
of
after the
effective date of the rule.
(b) The
owner or operator of a sanitary landfill facility that is subject to post
closure care in accordance with rule
3745-27-14
of the Administrative Code and that ceased acceptance of waste after March 1,
1990, as determined by the notification required by paragraph (E) of rule
3745-27-11
of the Administrative Code, shall revise their ground water monitoring program
to comply with this rule.
The owner or operator of a facility subject to rule
3745-27-09
of the Administrative Code shall submit and implement revisions to the
operating record within
not later than two hundred seventy days
of
after the
effective date of this rule. The owner or operator of a facility not subject to
rule
3745-27-09
of the Administrative Code shall implement the revisions and
mail
submit
copies of the revisions by certified mail, or any
other form of mail accompanied by a receipt, to Ohio EPA and the
approved health department within
not later than two hundred seventy days
of
after the
effective date of this rule.
[Comment: Owners and operators are only required to revise the
portions of the facility's current ground water monitoring plans that do not
comply with the amendments to this rule and are not required to submit a whole
new plan. All variance approvals issued under the provisions of this rule
continue in effect.]
[Comment: All owners or operators of facilities currently
operating, and those that have closed since March 1, 1990, shall amend
their
the
closure plans and ground water monitoring program plans to comply with
this rule. The only exception to this requirement is for those owners or
operators required to follow a past version of this rule by an order of the
director.]
(c) The owner or
operator of a sanitary landfill facility that is subject to post closure care
in accordance with rule
3745-27-14
of the Administrative Code and is conducting a ground water monitoring program
under findings and orders issued by the director shall continue monitoring,
pursuant to
the findings and orders.
(d) The owner or operator of a sanitary
landfill facility conducting a ground water monitoring program subject to
paragraph (A)(2)(c) of this rule may request, on forms prescribed by the
director, to comply with rule 3745-27-10 of the Administrative Code except for
the provisions of paragraph (A)(2)(c) of this rule. Upon the director's
approval of the request, the owner or operator shall then comply with rule
3745-27-10 of the Administrative Code except for the provisions of paragraph
(A)(2)(c) of this rule.
[Comment: There are landfill facilities currently required to
follow past versions of this rule due to orders from the director. Paragraph
(C)
(A)(2)(c)
of this rule allows these facilities to continue to follow the orders issued by
the director. Paragraph (D)
(A)(2)(d) of this
rule allows the owners or operators of facilities under orders to follow past
versions of this rule to request modification of the applicable order to allow
them to follow the current version of this rule.]
(3) The owner or operator shall implement and
comply with the requirements of a ground water quality assessment monitoring
program
when required by paragraph (E) of this
rule
and/or
and a "corrective measures program" when required by
paragraph
(E) or (F) of this rule.
Implementation shall be in accordance with the
timeframes
time frames
specified in paragraphs (E) and (F) of this rule.
(4) For the purposes of this rule, the ground
water monitoring program, which includes the detection monitoring program, and
where required, the assessment monitoring and corrective measures programs, are
implemented upon the commencement of sampling of ground water monitoring wells
in accordance with paragraphs (D), (E), or (F) of this rule.
(5) A qualified ground water scientist shall
certify, in accordance with rule
3745-27-09
of the Administrative Code, any ground water detection monitoring plan, the
ground water quality assessment plan, the compliance monitoring plan, and the
corrective measures plan, and any revisions thereof and reports and data,
submitted in accordance with this rule.
(6) The ground water monitoring program shall
be documented within the operating record. Any
revision(s)
revisions
to the ground water monitoring program shall be submitted to the operating
record in accordance with rule
3745-27-09
of the Administrative Code prior to implementation of the
revision(s)
revisions. The owner or operator of a facility not
subject to rule
3745-27-09
of the Administrative Code shall
mail
submit copies of the revisions
by certified mail, or any other form of mail
accompanied by a receipt, to Ohio EPA and the approved health
department prior to implementation of the
revision(s)
revisions.
No approval is necessary prior to implementing the
revision(s)
revisions
to the ground water monitoring program unless specifically required by this
rule.
(B) Ground water
monitoring system.
(1) The ground water
monitoring system, for detection monitoring, assessment monitoring, or
corrective measures, shall consist of a sufficient number of wells, installed
at appropriate locations and depths, to yield ground water samples from both
the uppermost aquifer system and any significant zones of saturation that exist
above the uppermost aquifer system that do the following:
(a) Represent the quality of the background
ground water that has not been affected by past or present operations at the
sanitary landfill facility.
(b)
Represent the quality of the ground water passing directly downgradient of the
limits of solid waste placement.
The director may require or otherwise authorize an owner or
operator to conduct surface water monitoring (i.e. seeps, springs or streams)
as part of the ground water monitoring system in areas where it may not be
practical to place a well. Such surface water samples shall be representative
of ground water quality passing directly downgradient of the limits of solid
waste placement.
[Comment: The director's authorization to conduct surface water
monitoring under this rule should include provisions for: sampling procedures;
, constituents to be
analyzed;
,
and analyzing the resulting data.]
(2) Where the uppermost aquifer system exists
more than one hundred fifty feet beneath the recompacted clay liner of the
sanitary landfill facility, the ground water monitoring system shall consist of
a sufficient number of wells, installed at appropriate locations and depths, to
yield ground water samples from an adequate number of significant zones of
saturation, in accordance with paragraphs (B)(1)(a) and (B)(1)(b) of this rule,
to ensure detection of any contaminant release from the facility.
(3) All monitoring wells shall be designed,
installed, and developed in a manner that allows the collection of ground water
samples that are representative of ground water quality in the geologic unit
being monitored, and that are in accordance with the following criteria:
(a) Monitoring wells shall be cased in a
manner that maintains the integrity of the monitoring well boreholes.
(b) The annular space (i.e., the space
between the borehole and the well casing) above the sampling depth shall be
sealed to prevent the contamination of the samples and the ground
water.
(c) The casing shall be
screened or perforated and surrounded by sand or gravel in such a way that
allows for the following:
(i) For the
minimization of the passage of formation materials into the well.
(ii) For the monitoring of discrete portions
of the uppermost aquifer system or any significant zones of saturation above
the uppermost aquifer system.
(d) The owner or operator shall document in
the operating record, in accordance with rule
3745-27-09
of the Administrative Code, the design, installation, development, maintenance
and abandonment of any monitoring wells, piezometers, and other measurement,
sampling, and analytical devices.
(e) The monitoring wells, piezometers, and
other measurement, sampling, and analytical devices shall be operated and
maintained to perform to design specifications throughout the life of the
monitoring program.
(f) Monitoring
wells constructed or used for the purposes of this rule are not required to
comply with Chapter 3745-9 of the Administrative Code.
(4) The number, spacing, and depth of ground
water monitoring wells shall be as follows:
(a) Based on site specific hydrogeologic
information including that information listed in paragraphs (C)(3)(a) to
(C)(3)(g) of rule
3745-27-06
of the Administrative Code.
(b)
Capable of detecting a release from the sanitary landfill facility to the
ground water at the closest practicable location to the limits of solid waste
placement.
(5) The owner
or operator shall evaluate, at least annually until the end of the post-closure
care period, the ground water surface elevation data obtained in accordance
with paragraph (C)(3) of this rule to determine whether the requirements of
paragraph (B) of this rule for locating the monitoring wells continue to be
satisfied. The results of this evaluation including potentiometric maps for
every geologic unit monitored shall be included in a report to be submitted to
the appropriate Ohio EPA district office not later than twelve months from the
previous report submitted to comply with this paragraph. If the evaluation
shows that paragraph (B) of this rule is no longer satisfied, the owner or
operator shall immediately revise the number, location,
and/or
or
depth of the monitoring wells to bring the ground water monitoring system into
compliance with this requirement and place documentation of the revision into
the operating record in accordance with paragraph (B)(3)(d) of this
rule.
(C) The owner or
operator shall comply with the following requirements regarding ground water
sampling, analysis, and statistical methods
.
:
(1) General requirements. The ground water
monitoring program shall include consistent sampling and analysis procedures
and statistical methods that are protective of human health and the environment
and that are designed to ensure monitoring results that provide an accurate
representation of ground water quality at the background and downgradient wells
installed in accordance with paragraph (B), (D), (E), or (F) of this rule. The
following shall be included in the ground water detection monitoring plan,
ground water quality assessment monitoring plan, compliance monitoring plan,
and corrective measures plan
.
:
(a) A written
sampling and analysis plan, which documents the sampling and analysis
procedures that shall be utilized in the ground water monitoring program. The
owner or operator is required to use the procedures documented within the
sampling and analysis plan.
[Comment: The analysis methods used, including method detection
limits and practical quantitation limits for the constituents analyzed, do not
have to be documented within the sampling and analysis plan. They do have to be
submitted with the analysis data as required in paragraph (C)(10) of this
rule.]
(b) The statistical
method selected by the owner or operator shall be in accordance with paragraphs
(C)(6) and (C)(7) of this rule.
(c)
The statistical determination of a statistically significant increase over
background for a monitoring parameter shall be in accordance with paragraph
(C)(8) of this rule.
(d) The number
of samples collected shall be in accordance with paragraph (C)(9) of this rule.
(e) Submission of ground water and
statistical analysis shall be in accordance with paragraph (C)(10) of this
rule.
(2) A sampling and
analysis plan shall
, at a minimum
, include a detailed description of the equipment,
procedures, and techniques to be used for the following:
(a) Measurement of ground water
elevations.
(b) Detection of
immiscible layers.
(c) Collection
of ground water samples, including the following:
(i) Well evacuation.
(ii) Sample withdrawal.
(iii) Sample containers and
handling.
(iv) Sample
preservation.
(d)
Performance of field analysis, including the following:
(i) Procedures and forms for recording raw
data and the exact location, time, and facility-specific conditions associated
with the data acquisition.
(ii)
Calibration of field devices.
(e) Decontamination of equipment.
(f) Chain of custody control, including the
following:
(i) Standardized field tracking
reporting forms to record sample custody in the field prior to and during
shipment.
(ii) Sample labels
containing all information necessary for effective sample tracking.
(g) Field and laboratory quality
assurance and quality control, including the following:
(i) Collection of duplicate samples during
each sampling event.
(ii)
Collection of field and equipment blanks if non-dedicated sampling equipment is
used.
(iii) Collection of trip
blanks.
The number of duplicate samples, field blanks, trip blanks, and
equipment blanks shall be enough to adequately demonstrate the accuracy of the
analysis results.
(h) The identification of well maintenance
problems encountered during routine sampling of the wells and the process to
assure that necessary maintenance is performed.
(3)
Measurement of
ground
Ground water elevations.
(a)
Measurement of
ground water elevations.
(i) Ground
water elevations shall be measured in all wells to be sampled that round of
sampling prior to any purging and sampling.
(ii) The total depth of the monitoring
well(s)
wells
shall be measured in all wells at least annually for those wells that do not
have a dedicated pump installed. The depth of monitoring
well(s)
wells
with a dedicated pump shall be measured whenever maintenance allows
and the dedicated pump is removed for service or
replacement.
The measurement of well depth
shall be taken prior to any purging and/or sampling.
(iii)
Ground water
elevations in all wells monitoring the same units or portion of units of a
sanitary landfill facility shall be measured within a period of time short
enough to avoid temporal variations in ground water flow which could preclude
an accurate determination of ground water flow rate and direction, but within a
period of time not to exceed twenty-four hours.
(b) The owner or operator shall
at least semiannually
and in conjunction with any major sampling event
involving
determine ground water flow
directions in the uppermost aquifer system and all significant zones of
saturation monitored. For sampling events other than semiannual or background
monitoring events, the owner or operator shall determine ground water flow
directions for any zone monitored whenever more than half
of the wells in
the
system or
that zone
monitored determine, for the uppermost aquifer
system and for all significant zones of saturation monitored, the direction of
ground water flow each time ground water elevation measurements are
performed
are sampled during that event.
(c) Ground water elevations in all
wells monitoring the same unit(s) or portion of unit(s) of a sanitary landfill
facility shall be measured within a period of time short enough to avoid
temporal variations in ground water flow which could preclude an accurate
determination of ground water flow rate and direction, but within a period of
time not to exceed twenty-four hours.
(d)
(c)
Potentiometric maps shall be constructed using the collected ground water
elevation measurements and shall be included with the sampling data
submittal.
(4) The owner
or operator shall establish background ground water quality, unless the
exception in paragraph (C)(5) of this rule applies, by analyzing ground water
samples collected from hydraulically upgradient
wells(s)
wells for
each of the monitoring parameters or constituents required in the ground water
monitoring program.
(5) Background
ground water quality at a sanitary landfill facility may be based on sampling
of wells that are not hydraulically upgradient where either of the following
occur:
(a) Hydrogeologic conditions do not
allow the owner or operator to determine which wells are upgradient.
(b) Sampling of other wells will provide an
indication of background ground water quality that is as representative or more
representative than that provided by upgradient wells.
(6) Statistical methods.
Within
Not later
than ninety days
of
after completing collection of the eight background
samples necessary to comply with paragraphs (D)(5)(a)(ii) and (D)(5)(b)(ii) of
this rule but
no
not later than four hundred fifty days after
implementing the ground water monitoring program, the owner or operator shall
specify one of the following statistical methods to be used in evaluating
ground water monitoring data. The statistical method chosen shall be conducted
separately for each of the parameters required to be statistically evaluated in
paragraph (D)(5) of this rule. The statistical method specified shall ensure
protection of human health and the environment and shall comply with the
performance standards outlined in paragraph (C)(7) of this rule. The owner or
operator shall submit to the operating record any changes made to the
statistical method. For owners or operators not subject to rule
3745-27-09
of the Administrative Code, submit to Ohio EPA any changes made to the
statistical method. This submission of the revised statistical method shall be
made thirty days prior to submitting to the operating record
and/or
and
Ohio EPA the first set of ground water analytical data analyzed using the
revised statistical method. The statistical method specified shall be selected
from one of the following:
(1)
(a) 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 monitoring well
is compared to the upper tolerance or prediction limit.
(b) A control chart approach that gives
control limits for each constituent.
(c) A parametric analysis of variance
("ANOVA") followed by multiple comparisons procedures to identify statistically
significant evidence of contamination. This shall include estimation and
testing of the contrasts between
the mean of each
monitoring
well's mean
well and the background mean levels for each
constituent.
(d) An analysis of
variance ("ANOVA") based on ranks followed by multiple comparisons procedures
to identify statistically significant evidence of contamination. This shall
include estimation and testing of the contrasts between
the median of each monitoring
well's median
well and the background median levels for each
constituent.
(e) Another
statistical test method submitted by the owner or operator and approved by the
director or
his
the
director's authorized representative.
[Comment: The statistical method to be used during the initial
statistical comparison required under paragraph (D)(5) of this rule needs to be
submitted within
not later than ninety days of
after collecting
the eighth background sample. If it is anticipated that the statistical method
to be used will be an intrawell method, then the statistical plan shall be
submitted not later than ninety days after the
eighth sample has been collected from the well in question. If it is
anticipated that the statistical method to be used will be an interwell method,
then the statistical plan shall be submitted ninety days after a total of eight
samples have been collected from the background wells. The eight background
samples collected shall be evenly distributed across all background
wells.]
(7)
Performance standards for statistical methods. Any statistical method chosen in
accordance with paragraph (C)(6) of this rule shall comply with the following
performance standards as appropriate:
(a) The
statistical method used to evaluate ground water monitoring data shall be
appropriate for the distribution of chemical parameters or waste-derived
constituents. If the distribution of the chemical parameters or waste-derived
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 monitoring well constituent
concentration with background constituent concentrations or a ground water
concentration level, the test shall be conducted at a type I error level not
less than 0.01 for each testing period. If multiple comparisons procedures are
used, the type I experimentwise error rate for each testing period shall be not
less than 0.05; however, the type I error rate of not less than 0.01 for
individual monitoring well comparisons shall be maintained. This performance
standard does not apply for tolerance intervals, prediction intervals, or
control charts.
(c) If a control
chart approach is used to evaluate ground water monitoring data, the specific
type of control chart and its associated parameter values shall be protective
of human health and safety and the environment. The parameters shall be
determined after considering the number of samples in the background data base,
the date distribution, and the range of the concentration values for each
constituent.
(d) If a tolerance
interval or a prediction interval is used to evaluate ground water 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 safety 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 ensure protection of human health and the
environment. Any practical quantitation limit (PQL) used in the statistical
method shall be the lowest concentration level that can be reliably achieved
within the 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.
(g) Background data can be added only in
blocks of data resulting from the analysis of four or more statistically
independent samples after the data have been statistically compared to the
current background data and no statistical differences are detected, unless
another method is deemed acceptable to the director.
(h) Prior to using an intra-well statistical
method under the ground water detection monitoring program, the owner or
operator shall submit to the operating record in accordance with rule
3745-27-09
of the Administrative Code
, a demonstration
that the ground water has not been affected by the landfill within the relevant
well(s)
wells.
The owner or operator of a facility not subject to rule
3745-27-09
of the Administrative Code shall
mail
submit copies of the revisions
by certified mail, or any other form of mail
accompanied by a receipt, to Ohio EPA and the approved health
department.
(8)
Determination of a statistically significant increase over background. The
owner or operator shall determine whether or not there is a statistically
significant increase over background for each parameter or constituent required
to be statistically analyzed within the ground water monitoring program. The
owner or operator shall make this determination each time
he
the owner or
operator assesses ground water quality. To determine whether a
statistically-significant increase
or
decrease has occurred, the owner or operator shall compare the ground
water quality of each parameter or constituent at each downgradient ground
water monitoring well to the background value of that parameter or constituent
according to the statistical procedures specified in paragraphs (C)(6) and
(C)(7) of this rule.
(9) Sample
number. The number of samples collected to establish ground water quality data
shall be consistent with the appropriate statistical procedures determined
pursuant to paragraphs (C)(6) and (C)(7) of this rule. The sampling procedures
shall be those specified under paragraph (D) of this rule for detection
monitoring, paragraph (E) of this rule for assessment
and/or
or
compliance monitoring, and paragraph (F) of this rule for corrective
measures.
(10) Submission of
results. All ground water elevation, sample analysis
, and statistical analysis results generated in
accordance with paragraphs (B), (C), (D), (E) and (F) of this rule shall be
submitted to Ohio EPA not later than seventy-five days after sampling the well.
All ground water data and an accompanying text shall be submitted to Ohio EPA
in a form specified by the director or his authorized representative. The data
and accompanying text required to be submitted in accordance with this
paragraph shall be placed in the operating record in accordance with rule
3745-27-09
of the Administrative Code. The accompanying text shall consist of
, at a minimum
,
the following:
(a) Lab data sheets.
(b) Field and laboratory quality
assurance/quality control (QA/QC) data.
(c) Chain of custody and sample receipt forms
including preservation methods.
(d)
Data summary
table(s)
tables.
(e) Statistical analysis results and summary
table(s)
tables including the results from any test for
normality
conducted on the semiannual sampling event
data being submitted.
(f) The
potentiometric maps required by paragraph (C)(3) of this rule.
(g) A description of the analysis methods
used including method detection limits, and practical quantitation limits for
the constituents analyzed.
[Comment: The items requested in paragraph (C)(10) of this rule
with the exception of paragraph (C)(10)(c) of this
rule, may be submitted on an electronic format compatible with Ohio
EPA software.]
(D) Ground water detection monitoring
program. The
owner/operator
owner or
operator shall comply with the following requirements regarding ground
water detection monitoring:
(1) Monitoring
parameters. The owner or operator shall determine the concentration or value of
the parameters listed in appendix I
to this rule
in ground water in accordance with paragraph (D) of this rule.
(2) Alternate monitoring parameter list.
The owner or operator of a sanitary landfill
facility may propose, in writing, to delete any of the appendix I monitoring
parameters to be used to meet the requirements of paragraphs (D)(5) to (D)(8)
of this rule. The director may approve the alternative list of appendix I
monitoring parameters if the removed parameters are not reasonably expected to
be in or derived from the waste contained or deposited in the sanitary landfill
facility. Upon approval by the director or his authorized representative, the
owner or operator may use the alternative list. The owner or operator shall, at
a minimum, consider the following factors in proposing an alternative inorganic
parameter list:
(a)
The owner or operator of a sanitary landfill facility
may propose in writing to delete any of the monitoring parameters contained in
appendix I to this rule to meet the requirements of paragraphs (D)(5) to (D)(7)
of this rule. The director may approve the alternative list of monitoring
parameters if the removed parameters are not reasonably expected to be in or
derived from the waste contained or deposited in the sanitary landfill
facility. Upon approval by the director or the director's authorized
representative, the owner or operator may use the alternative list. The owner
or operator shall at a minimum consider the following factors in proposing an
alternative parameter list:
(a)
(i) Which of the
parameters specified in appendix I
of
to this rule shall be deleted from the parameters
required to be monitored in paragraph (D)(5) of this rule.
(b)
(ii)
The types, quantities, and concentrations of constituents in wastes managed at
the sanitary landfill facility.
(c)
(iii) The
concentrations of the
appendix I
constituents in the leachate
contained in appendix I to
this rule from the relevant
unit(s)
units of the
sanitary landfill facility.
(d)
(iv) Any other
relevant information that the director or
his
the director's
authorized representative deems necessary.
(b)
The owner or
operator of a sanitary landfill facility may delete 1,2- Dibromoethane (EDB)
and 1,2-Dibromo-3-chloropropane (DBCP) from the constituents used to meet
paragraphs (D)(5) to (D)(7) of this rule upon demonstration that there has
never been a confirmed detection of EDB or DBCP in the ground water at the
sanitary landfill facility.
(c)
The owner or
operator of a new sanitary landfill facility may delete 1,2- Dibromoethane
(EDB) and 1,2-Dibromo-3-chloropropane (DBCP) from the constituents used to meet
paragraphs (D)(5) to (D)(7) of this rule upon demonstration that there has
never been a confirmed detection of EDB or DBCP in the ground water at the
sanitary landfill facility during the first one hundred eighty days (four
samples) of ground water monitoring.
(3) Alternate inorganic parameter list. The
owner or operator of a sanitary landfill facility may propose
, in writing
,
that an alternative list of inorganic indicator parameters be used to meet
the requirements of paragraph (D)(5) of
this rule in lieu of some or all of the inorganic parameters listed in appendix
I
of
to this
rule. The director shall approve the alternative inorganic indicator parameters
if the alternative list will provide a reliable indication of inorganic
releases from the sanitary landfill facility to the ground water. Upon approval
by the director or
his
the director's authorized representative, the owner or
operator shall use the alternative list. The owner or operator shall
, at a minimum
,
consider the following factors in proposing an alternative inorganic
parameter list:
(a) The types, quantities,
and concentrations of constituents in wastes managed at the sanitary landfill
facility.
(b) The mobility,
stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the sanitary landfill facility.
(c) The
detectibility
detectability of the indicator parameters, waste
constituents, and their reaction products in the ground water.
(d) The concentrations or values and
coefficients of variation of monitoring parameters or constituents in the
background ground water quality.
(4) Alternative parameters for low-yield
wells not screened in the uppermost aquifer system. The owner or operator may
propose in writing, that an alternative list of any of the
appendix I monitoring parameters
contained in appendix I to this rule be used to
meet
the requirements of paragraph
(D)(5)(c) of this rule for those monitoring wells not screened in the uppermost
aquifer system that cannot produce enough water within a twenty-four hour
period to allow for the analysis of all of the required parameters. Upon
approval by the director or
his
the director's authorized representative, the owner or
operator may use the alternative parameter list. The owner or operator
shall
, at a minimum
, consider the following factors in proposing an
alternative list for low-yield wells not screened in the uppermost aquifer:
(a) Whether the monitoring well is
constructed in accordance with paragraph (B)(3) of this rule.
(b) Whether the well screen is properly
placed across the significant zone or saturation in order to maximize
yield.
(c) A calculation of the
maximum sustainable yield of the significant zone of saturation.
(d) Field data demonstrating the time
necessary for the well to recover completely after purging.
(e) The amount of water needed to analyze for
all required parameters. This should include a discussion of which parameters
will be deleted and the amount of water needed to analyze for these deleted
parameters as well as the listing of the parameters which will be analyzed for
in the samples and how much water is required to analyze for these
parameters.
(5)
Monitoring parameters, frequency,
and location.
The owner or operator shall monitor the ground water monitoring well system in
accordance with the following:
(a) For
monitoring wells screened within the uppermost aquifer system beneath the
sanitary landfill facility, the owner or operator shall, during the active life
of the facility (including final closure) and the post-closure care period,
monitor the wells:
(i) For one of the
following parameter lists:
(a) Parameters 1
through 66
contained in appendix I
of
to this
rule.
(b) The alternative parameter
list approved in accordance with paragraphs (D)(2)
and/or
or (D)(3) of
this rule.
(ii) At least
semiannually by collecting the following samples:
(a) During the initial one hundred and eighty
days after implementing the ground water detection monitoring program
(the first semiannual sampling event),
the owner or operator shall collect a minimum of
four independent samples from each monitoring well screened in the uppermost
aquifer system (background and downgradient)
and
analyzed for the parameters specified in paragraph (D)(5)(a)(i) of this
rule.
After collection of the initial four
samples not later than one hundred and eighty days after implementing the
ground water monitoring program,
The
the owner or
operator shall collect
and analyze for the
parameters specified in paragraph (D)(5)(a)(i) of this rule,
a minimum of four additional, independent samples from
each monitoring well screened in the uppermost aquifer system (background and
downgradient) on a quarterly sampling schedule until a minimum total of eight
independent samples are obtained to establish background. The eight or more
independent samples obtained from each monitoring well shall be analyzed for
parameters specified in paragraph (D)(5)(a)(i) of this rule and shall be used
to establish background to fulfill the statistical analysis provisions of this
rule.
by collecting a minimum of eight
independent background samples during the initial year of sampling to use for
the statistical analysis provisions of this rule. The owner or
operator of a sanitary landfill facility with an existing ground water
monitoring system
, may use existing data to
meet the provisions of this paragraph provided the information required
pursuant to paragraph (C) of this rule is available.
[Comment: Existing data to meet the provision of the above rule
is allowed provided that the sampling and analysis procedures used to collect
and analyze the sample are documented, available for review and consistent with
paragraph (C)(1) of this rule.]
(b) Beginning
one
year
two years after implementing the
ground water detection monitoring program and continuing during subsequent
semiannual sampling events, at least one sample from each monitoring well
screened in the uppermost aquifer system (background and downgradient) must be
collected and analyzed for the parameters specified in paragraph (D)(5)(a)(i)
of this rule.
(iii)
Beginning with receiving the results from the first monitoring event collected
pursuant to paragraph (D)(5)(a)(ii)(b) of this rule and semiannually
thereafter, by statistically analyzing the results from wells screened in the
uppermost aquifer system for the parameters specified in paragraph (D)(5)(a)(i)
of this rule.
(b) For
monitoring wells not screened in the uppermost aquifer system at the sanitary
landfill facility, the owner or operator shall, during the active life of the
facility (including final closure) and the post-closure care period, monitor
the wells:
(i) For one of the following
parameter lists:
(a) Parameters numbered 18,
25, 33, 61, 63, 64, 65, and 66,
contained in
appendix I
of
to this rule.
(b) The alternate parameter list approved in
accordance with paragraphs (D)(2), (D)(3)
and/or
or (D)(4) of
this rule.
(ii) At least
semiannually by collecting the following samples:
(a) During the initial one hundred and eighty
days after implementing the ground water detection monitoring program
(the first semiannual sampling event),
the owner or operator shall collect a minimum of
four independent samples
must be collected
from each monitoring well not screened in the uppermost aquifer system
(background and downgradient)
and analyzed for the
parameters specified in paragraph (D(5)(b)(i) of this rule.
The
After
collection of the initial four samples not later than one hundred and eighty
days after implementing the ground water monitoring program, the owner or
operator shall collect
and analyze for the
parameters specified in paragraph (D)(5)(b)(i) of this rule, by
collecting a minimum of
eight
four additional, independent
background samples
during the initial year of sampling to use
for
from each monitoring well not screened in
the uppermost aquifer system (background and downgradient) on a quarterly
sampling schedule until a minimum total of eight independent samples are
obtained to establish background. The eight or more independent samples
obtained from each monitoring well shall be analyzed for the parameters
specified in paragraph (D)(5)(b)(i) of this rule and shall be used to establish
background to fulfill the statistical analysis provisions of this rule.
The owner or operator of a sanitary landfill facility with an existing ground
water monitoring system
, may use existing
data to meet the provisions of this paragraph provided the information required
pursuant to paragraph (C) of this rule is available.
[Comment: Existing data to meet the provisions of the above
rule is allowed provided that the sampling and analysis procedures used to
collect and analyze the sample are documented, available for review and
consistent with paragraph (C)(1) of this rule.]
(b) Beginning
one
year
two years after implementing the
ground water detection monitoring program and
continuing during subsequent semiannual sampling
events, at least one sample from each monitoring well not screened in the
uppermost aquifer system (background and downgradient) must be collected and
analyzed for the parameters specified in paragraph (D)(5)(b)(i) of this
rule.
(iii) Beginning
with receiving the results from the first monitoring event collected pursuant
to paragraph (D)(5)(b)(ii)(b) of this rule and at least semiannually
thereafter, by statistically analyzing the results from monitoring wells not
screened within the uppermost aquifer system for the parameters specified in
paragraph (D)(5)(b)(i) of this rule.
(c) All monitoring wells shall be monitored
for constituents
contained in appendix I
of
to this
rule or the alternative parameter list approved in accordance with paragraphs
(D)(2), (D)(3),
and/or
or (D)(4) of this rule at least annually during the
active life of the sanitary landfill facility (including final closure) and
during the post-closure care period.
(d) At least one sample from each well in the
monitoring system per sampling event shall be field analyzed for parameters 67,
68, and 69 listed in appendix I
of
to this rule.
(e) If a new well or replacement well is to
be added to an existing monitoring system, the owner or operator shall
statistically analyze the ground water analysis data from the well in
accordance with the applicable rules as soon as possible but
no
not later
than
one year
two
years from
installation
the date that the well is added to the monitoring
system.
(6)
Alternative sampling and statistical analysis frequency. During the active life
(including final closure) of a sanitary landfill facility and the post-closure
care period, the owner or operator may propose
, in writing
,
an alternative frequency for ground water sampling
and/or
and statistical
analysis required by paragraph (D)(5) of this rule. The director or
his
the
director's authorized representative may approve a proposed alternative
frequency provided the alternative frequency sampling
and/or
and
analysis frequency is not less than annual. Upon approval by the director or
his
the
director's authorized representative, the owner or operator may use the
alternative
sampling/analysis
sampling or analysis frequency. The owner operator
shall
, at a minimum
, consider the following factors in proposing an
alternative sampling
and/or
and analysis
frequency:
(a) Lithology of the aquifer
system and all stratigraphic units above the uppermost aquifer
system.
(b) Hydraulic conductivity
of the uppermost aquifer system and all stratigraphic units above the uppermost
aquifer system.
(c) Ground water
flow rates for the uppermost aquifer system and all zones of saturation above
the uppermost aquifer system.
(d)
Minimum distance between the upgradient edge of the limits of waste placement
of the sanitary landfill facility and the downgradient monitoring well
system.
(e) Resource value of the
uppermost aquifer system.
(7) Determination of a statistically
significant increase over background in detection monitoring parameters.
(a) The owner or operator shall comply with
paragraph (D)(7)(b) of this rule, if the owner or operator determines a
statistically significant change, according to the statistical procedures
specified in paragraphs (C)(6) and (C)(7) of this rule, for any of the
following:
(i) Parameters 1 through 66
contained in appendix I
of
to this
rule, or the alternate parameter list approved in accordance with paragraphs
(D)(2)
and/or
or (D)(3)
, of this
rule in samples from monitoring wells screened in the uppermost aquifer
system.
(ii) Parameters 18, 25, 33,
61, 63, 64, 65, and 66
of
contained in appendix I
of
to this
rule or the alternate parameter list approved in accordance with paragraphs
(D)(2), (D)(3),
and/or
or (D)(4) of this rule in samples for all monitoring
wells not screened in the uppermost aquifer system.
(b) The owner or operator shall submit a
written notification to Ohio EPA of a statistically significant increase over
background not later than seventy-five days after withdrawing a sample from the
well
, that upon analysis demonstrates a
statistically significant change. A copy of this notification shall be placed
in the operating record in accordance with rule
3745-27-09
of the Administrative Code. The notification must indicate which wells and
parameters have shown a statistically significant increase over background
levels.
(c) Demonstration of a
false positive. The owner or operator may do one of the following to
demonstrate a false positive:
(i) Use the
"1 of M
" resampling
method to demonstrate that the statistically significant increase over
background was a false positive. The
"1 of M
" resampling method to be used shall be documented
within the statistical analysis plan required by paragraph (C)(6) of this rule
and shall be protective of human health and safety and the environment. The
number of resamples to be used shall be documented with the statistical method
specified by the
owner/operator
owner or operator as required by paragraph (C)(6) of
this rule. If the owner or operator demonstrates using the
"1 of M
" resampling
method that the statistically significant increase over background was a false
positive, then the owner or operator may return to detection monitoring. The
owner or operator shall submit a report
certified by a
qualified ground water scientist documenting the demonstration to Ohio
EPA
within
not later
than one hundred and eighty days
from
after initial
sampling.
[Comment: The "1 of M
resampling method"
is a statistical resampling procedure to verify the statistically significant
increase over background determined for the first sample taken from a
monitoring well. The number of resamples used with the method will vary
depending on the number of background samples available. The number of
resamples usually does not exceed two. As an example, for the Ohio EPA, a
"1 of 2 method"
means the original sample plus one resample with the analysis data from
both samples having to demonstrate a statistically significant increase above
background in order for the owner/operator
owner or
operator to be required to enter the
make a new determination of the concentration of any
contaminant released and the rate and extent of migration of the contaminants
release to ground water quality assessment
program.]
(ii)
Demonstrate that
a source other than the sanitary
landfill facility caused the contamination or that the statistically
significant increase over background resulted from
a
source other than the sanitary landfill, or error in the sampling,
analysis,
or statistical evaluation
, or
from natural
variation in ground water quality. A report
certified
by a qualified ground water scientist documenting this demonstration
must
shall be
submitted to
and approved by the director or his
authorized representative
the appropriate Ohio
EPA district office not later than ninety days after initial sampling.
If the owner or operator does not obtain approval to
continue detection monitoring within two hundred and ten days from initial
sampling
Upon notification by the director that
the report does not successfully demonstrate that the statistically significant
increase over background resulted from a source other than the sanitary
landfill, or error in the sampling, analysis, or statistical evaluation, or
from natural variation in ground water quality, the owner or operator
shall comply with the provisions of paragraph (E) of this rule.
[Comment: The reports under paragraph
(D)(7)(c) of this rule are required to be certified by a qualified ground water
scientist in accordance with paragraph (A)(5) of this rule.]
(E)
Ground water quality assessment monitoring program. The owner or operator shall
comply with the following requirements regarding ground water quality
assessment monitoring
.
:
(1) General
requirements.
Unless the director approves the
report submitted in accordance with paragraph (D)(7)(c) of this
rule
Upon determining a statistically
significant increase above background in accordance with paragraph (D)(7) of
this rule, the owner or operator shall implement a ground water quality
assessment
plan capable of determining the
concentration, rate, and extent of migration of waste-derived constituent(s) in
the ground water upon determining a statistically significant increase over
background in accordance with paragraph (D)(7) of this rule. The owner or
operator shall implement and comply with the ground water quality assessment
plan and the requirements of this rule.
program
and submit a ground water quality assessment plan in accordance with either of
the following:
(a)
Not later than two hundred ten days after detection of
a statistically significant increase above background.
(b)
Not later than
ninety days after notification by the director that the report submitted under
paragraph (D)(7)(c)(ii) does not successfully make the required demonstration
if the owner or operator has submitted a demonstration in accordance with
paragraph (D)(7)(c)(ii) of this rule.
[Comment: The ground water quality
assessment plan is a self-implementing plan which does not require approval
from Ohio EPA prior to implementation by the owner or
operator.]
[Comment: The ground water quality
assessment plan is required to be certified by a qualified ground water
scientist in accordance with paragraph (A)(5) of this rule. The ground water
quality assessment plan is a self-implementing plan which does not require
approval from Ohio EPA prior to implementation by the owner or
operator.]
(2) The owner or operator may undertake during the implementation
of the ground water quality assessment
plan
program,
activities necessary to prevent the continued release of waste-derived
constituents from the regulated unit to the ground water. Any activities
undertaken by the owner or operator in accordance with this paragraph shall be
in compliance with all applicable federal and Ohio statutes and regulations.
(3) Submission of ground water
quality assessment plan. Within one hundred and thirty-five days of notifying
Ohio EPA of a statistically significant increase over background in accordance
with paragraph (D)(6)(b) of this rule, the owner or operator shall submit to
the Ohio EPA, and to the operating record in accordance with rule
3745-27-09
of the Administrative Code, a ground water quality assessment
plan.
[Comment: The ground water quality
assessment plan is required to be certified by a qualified ground water
scientist in accordance with rule 3745-27-10(A)(5) of the Administrative
Code.]
(4)
(3) Ground water
quality assessment plan elements. The plan to be submitted in accordance with
paragraph
(E)(3)
(E)(1) of this rule shall include
, at a minimum
,
detailed descriptions of the following:
(a)
Hydrogeologic conditions at the sanitary landfill facility.
(b) The detection monitoring program
implemented by the sanitary landfill facility, including the following:
(i) The number, location, depth, and
construction of detection monitoring wells with documentation.
(ii) A summary of detection monitoring ground
water analytical data with written
documentation of the results.
(iii)
A summary of statistical analyses applied to the data.
(c) The investigatory approach to be followed
during the assessment, including but not limited to the following:
(i) The proposed number, location, depth,
installation method, and construction of assessment monitoring wells.
(ii) The proposed
method(s)
methods for
gathering additional hydrogeologic information.
(iii) The planned use of supporting
methodology (i.e., soil gas or geophysical surveys).
(d) The techniques, procedures, and
analytical equipment to be used for ground water sampling during the
assessment. This description shall include those sampling and analysis elements
listed within paragraph (C)(2) of this rule.
(e) Data evaluation procedures, including but
not limited to the following:
(i) Planned use
of statistical data evaluation for the ground water quality assessment program
and/or
or for
compliance monitoring.
(ii) Planned
use of computer models.
(iii)
Planned use of previously gathered information.
(iv) Criteria which will be utilized to
determine if additional assessment activities are warranted.
(f) A schedule of implementation
which incorporates the requirements specified in paragraph
(E)(5)
(E)(4)
of this rule.
(g) Provisions for
installing additional wells, as necessary, for determining the nature and
extent of any release of waste-derived constituents per paragraph
(E)(6)
(E)(5)
of this rule.
(h) Provisions for
installing at least one additional monitoring well at the facility boundary in
the direction of downgradient ground water flow from the affected well and as
many additional wells as necessary to meet the provisions of paragraph
(E)(6)
(E)(5)
of this rule.
(5)
(4) Assessment
monitoring schedule, frequency, and parameters.
(a)
Within
Not later than
one hundred thirty-five days of notifying Ohio EPA
of a statistically significant change in accordance with paragraph (D)(7) of
this rule
the date required to submit the
ground water quality assessment plan in accordance with paragraph (E)(1) of
this rule, the owner or operator shall
do the
following:
sample the affected wells and
analyze the samples for all waste-derived constituents, including all
constituents listed in appendix I and appendix II to this rule. Any background
wells within the flow path or closest to the affected well and screened within
the same geologic unit as the affected well shall be sampled and analyzed for
parameters contained in appendix I and appendix II to this rule.
(i) Sample the affected well(s) and
analyze the samples for all waste-derived constituents, including all
constituents listed in appendix I and appendix II of this rule. Any background
wells within the flow path or closest to the affected well and screened within
the same geologic unit as the affected well shall be sampled and analyzed for
appendix I and II parameters.
(ii) Within seventy-five days of
commencing the sampling required in paragraph (E)(5)(a)(i) of this rule, sample
all monitoring wells screened within the same geologic units at the facility as
the affected well, not sampled under paragraph (E)(5)(a)(i) of this rule. These
samples shall be analyzed for those waste-derived constituents found to be
above background levels in the affected monitoring wells sampled under
paragraph (E)(5)(a)(i) of this rule.
(b)
Not later than
seventy-five days after commencing the sampling required in paragraph (E)(4)(a)
of this rule, sample all monitoring wells screened within the same geologic
units at the facility as the affected well not sampled under paragraph
(E)(4)(a) of this rule. These samples shall be analyzed for those waste-derived
constituents found to be above background levels in the affected monitoring
wells sampled under paragraph (E)(4)(a) of this rule.
(b)
(c)
The owner or operator shall sample all monitoring wells in the ground water
quality assessment monitoring program
, as
follows. A monitoring well is considered part of the ground water quality
assessment monitoring program if the well is needed or used to meet the
provisions of paragraph
(E)(6)
(E)(5) of this rule:
(i) At least semiannually for the following:
(a) All parameters
contained in appendix I
of
to this rule or the
alternative parameter list approved under paragraph (D)(2),
and/or
or
(D)(3) of this rule.
(b) All the
constituents reported to the director in accordance with
(E)(5)(c)
(E)(4)(d) of this rule.
(ii) At least annually for one of the
following.
(a) All parameters
contained in appendix II
of
to this
rule.
(b) The remaining
appendix II parameters
contained in appendix II to this rule if the
director has deleted
appendix II
one or more parameters
contained in appendix II to this rule in accordance
with
(E)(5)(e)
(E)(4)(e) of this rule.
(c)
(d)
Within
Not later
than seventy-five days
of
after sampling the ground water monitoring wells
in accordance with paragraph
(E)(5)(a)
(E)(4)(a) of this rule and after all subsequent
samplings, the owner or operator shall place a notice in the operating record
identifying all constituents
, that have
been detected. The owner or operator shall send a copy of this notice to the
appropriate Ohio EPA district office and the approved health department.
[Comment: Paragraph (C)(10) of this rule requires all ground
water analysis and statistical analysis results to be submitted to the
operating record within
not later than seventy-five days after sampling a
monitoring well.]
(d)
(e)
Within
Not later
than one hundred and eighty days
of
after implementing
the ground water quality assessment plan, the owner or operator shall collect
additional statistically independent samples (a minimum of four) from any
background well sampled pursuant to paragraph
(E)(5)(a)(i)
(E)(4)(a)
of this rule that does not have at least four independent analysis results of
each waste-derived constituent detected in the monitoring
well(s)
wells,
demonstrating a statistically significant increase.
[Comment: Except for paragraph (E)(9)(a)
(E)(8)(a) of
this rule, no statistical evaluation of any data is required to be performed
under the ground water quality assessment program.]
(e)
(f)
Upon the written request of the owner or operator, the director may delete any
of the
appendix II monitoring parameters
contained in appendix II to this rule for a
sanitary landfill facility
unit(s) if the
owner or operator can show that the deleted constituents are not reasonably
expected to be in or derived from the waste contained in the
unit(s).
(g)
After sampling in
accordance with paragraph (E)(4)(a) of this rule, the owner or operator may
delete 1,2- Dibromoethane (EDB) and 1,2-Dibromo-3-chloropropane (DBCP) from the
constituents used to meet paragraph (E) of this rule upon demonstration that
there has never been a confirmed detection of EDB or DBCP in the ground water
at the sanitary landfill facility.
(f)
(h) Ground water monitoring wells not used to make a
determination according to paragraph
(E)(6)
(E)(5) of this
rule shall continue to be monitored in accordance with the ground water
monitoring program applicable to those wells prior to the initiation of
assessment monitoring.
[Comment: If a well was in compliance with the requirements
for
of the
ground water detection monitoring program prior to initiation of the ground
water assessment monitoring program and the well is not necessary to make a
determination in accordance with paragraph (E)(6)
(E)(5) of this
rule, then the well shall continue to be monitored under the ground water
detection monitoring program requirements as the ground water assessment
monitoring program continues.]
(6)
(5) A determination of rate, extent, and
concentration. The owner or operator shall implement the "ground water quality
assessment plan" which satisfies the requirements of paragraphs (E)(3)
,
and (E)(4)
, and (E)(5) of this rule and
, at a minimum
,
determines the following:
(a) The rate and
extent of migration of the waste-derived constituents in the ground
water.
(b) The concentrations of
the waste-derived constituents in the ground water.
This shall include portions of the contaminant plume that exist
beyond the facility boundary, unless the owner/operator
owner or
operator demonstrates to the director that, despite the
owner's/operator's
owner or operator's best efforts, the
owner/operator
owner
or operator was unable to obtain the necessary permission to undertake
such action. At a minimum, the owner/operator
owner or
operator shall submit a copy of their written access request and if a
response is provided, a copy of the written statement from the off-site
property owner(s)
owner indicating that off-site access is denied. The
owner/operator
owner
or 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.
(7)
(6) Ground water
assessment report. The owner or operator shall make a determination according
to paragraph
(E)(6)
(E)(5) of this rule within the time frame specified in
the submitted ground water quality assessment plan. The owner or operator shall
submit to the director, not later than fifteen days after making a
determination, a written ground water quality assessment report containing an
assessment of the ground water quality including all data generated as part of
implementation of the ground water quality assessment plan.
(8)
(7)
After complying with paragraph
(E)(6)
(E)(5) of this rule, if the release of waste-derived
constituents to ground water as characterized within the report required under
paragraph
(E)(7)
(E)(6) of this rule exclusively consists of one or
more of parameters numbered 63 through 78 of appendix I
of
to this
rule, then the owner or operator may submit a compliance monitoring plan with
the ground water quality assessment report submitted in accordance with
paragraph
(E)(7)
(E)(6) of this rule to Ohio EPA and
to the operating record
in accordance with rule
3745-27-09
of the Administrative Code instead of a corrective measures plan as
required under paragraph (F) of this rule. The owners or operators of
facilities not subject to rule
3745-27-09
of the Administrative Code
, may submit the
compliance monitoring plan with the ground water quality assessment report
submitted in accordance with paragraph
(E)(7)
(E)(6) of this
rule to Ohio EPA. This section of the rule is also applicable to sites meeting
the above criteria that have previously submitted corrective measures plans
that have not been approved as of the effective date of this rule. These
facilities may submit a compliance monitoring plan as an addendum to the
existing corrective measures plan. The
owner/operator
owner or
operator complying with the provisions of
this
paragraph
(E)(8) of this rule is
exempt from complying with paragraph
(E)(12)
(E)(11) of
this rule, but shall comply with paragraphs (C)(10),
(E)(10)
(E)(9) and
(E)(11)
(E)(10) of this rule.
The compliance monitoring plan shall be implemented with the
first semiannual sampling event that occurs after the submittal of the
compliance monitoring plan. The compliance monitoring plan shall, at a minimum,
include the following:
[Comment: Activities conducted while in compliance monitoring
are to demonstrate that the contamination released to the environment continues
to be non-hazardous and that the source control measures implemented have
limited the growth of the contaminant plume, prevented new contaminants from
being released, and stopped the increase in the concentrations of the
contaminants already released.]
(a) A
description of the monitoring wells to be sampled. The wells to be sampled
during compliance monitoring shall
, at a
minimum
, include all wells that were
sampled in order to make a determination under paragraph
(E)(6)
(E)(5)
of this rule.
(b) A description of
the techniques, procedures, and analytical equipment to be used for ground
water sampling during compliance monitoring. This description shall include
those sampling and analysis elements listed within paragraph (C)(2) of this
rule.
(c) Provisions for sampling
the monitoring wells designated under paragraph
(E)(8)(a)
(E)(7)(a)
of this rule on a semiannual basis and analyzing the samples for the following:
(i) For monitoring wells screened within the
uppermost aquifer system beneath the sanitary landfill facility, the parameters
required under paragraph (D)(5)(a) of this rule and the waste-derived
contaminants determined to have been released from the landfill to the ground
water.
(ii) For monitoring wells
not screened within the uppermost aquifer system beneath the sanitary landfill
facility, the parameters required under paragraph (D)(5)(b) of this rule and
the waste-derived constituents determined to have been released from the
landfill to the ground water.
(d) Provisions for sampling the monitoring
wells designated under paragraph
(E)(8)(a)
(E)(7)(a) of
this rule on an annual basis and analyzing the samples for the parameters
required under paragraph (D)(5)(c) of this rule.
(e) Provisions for sampling the monitoring
wells designated under paragraph
(E)(8)(a)
(E)(7)(a) of this rule for the schedule and
parameters required under paragraph (D)(5)(d) of this rule.
(f) Provisions for performing statistical
analysis on the semiannual analytical results. Statistical analysis shall be
performed using the appropriate statistical procedures specified within
paragraphs (C)(6) and (C)(7) of this rule. For statistical analysis, the
owner/operator
owner
or operator shall do the following:
(i)
For contaminants determined to have been released to the ground water in
accordance with paragraph
(E)(6)
(E)(5) of this rule, sample and analyze the monitoring
wells designated under paragraph
(E)(8)(a)
(E)(7)(a) of
this rule at least eight times during the initial year of compliance monitoring
to establish
a new, intrawell background unless
otherwise approved by the director. Statistical analysis shall commence with
the first semiannual sampling event following completion of collecting the
background samples.
(ii) Commence
statistically analyzing the sampling results of constituents to be monitored in
accordance with paragraph
(E)(8)(c)
(E)(7)(c) of this rule and not being monitored in
accordance with paragraph
(E)(8)(f)(i)
(E)(7)(f)(i) of this rule with the initial sampling
event required under this paragraph.
[Comment: The above rule requires that all contaminants
released from the facility have a new intrawell
statistical background established for them prior to statistically analyzing
the results. For those constituents that have not been released from the
facility, the old statistical background data set used
for detection monitoring is still appropriate to use and statistical
analysis may begin for these constituents with the first sampling event
required under this paragraph.]
(g) Provisions for fulfilling
the requirements of paragraph
(E)(6)
(E)(5)
of this rule in accordance with
the requirements
of paragraph (E) of this rule when a statistically significant
increase is determined for parameters 1 through 62
within
of appendix I
of
to this
rule.
[Comment: If a statistical analysis demonstrates a
statistically significant increase over background in concentration for
parameters 1 through 62 of appendix I to this
rule, then the facility is required to update the ground water quality
assessment plan and determine the concentration of any contaminant released as
well as the rate and extent of migration of the contaminants.]
(h) Provisions for sampling the
monitoring wells designated under paragraph
(E)(8)(a)
(E)(7)(a) of
this rule for the parameters listed
within
in appendix II
of
to this
rule if any parameter not included within parameters 1 through 62
within
of
appendix I
of
to this rule demonstrates a statistically significant
increase over the new background established under the provisions of paragraph
(E)(8)(f)
(E)(7)(f) of this rule. If any constituent from
appendix II
of
to this rule is detected
above
background, then the
owner/operator
owner or
operator shall commence provisions for fulfilling
the requirements of paragraph
(E)(6)
(E)(5)
of this rule in accordance with paragraph (E) of this rule. If no parameters
from appendix II
of
to this rule are detected
above background, and the parameters detected above
background are limited to parameters 63 through 78 of appendix I to this
rule, then the
owner/operator
owner or operator shall revise the compliance
monitoring plan and implement the revised compliance monitoring plan during the
next regularly scheduled semiannual sampling event.
[Comment: If a statistical analysis demonstrates a
statistically significant increase over the new background in concentration for
any parameter other than parameters 1 through 62 of appendix I
to this rule, then the facility is required to
sample for the parameters within appendix II of
to this rule. If
an appendix II
a parameter contained in
appendix II to this rule is detected above
background, then the owner or operator is required to update the ground
water quality assessment plan and determine the concentration of any
contaminant released as well as the rate and extent of migration of the
contaminants.]
(i)
Provisions for continuing to implement the compliance monitoring plan until the
end of the post-closure care period for the sanitary landfill facility unless
otherwise approved by the director.
(j) Activities necessary to prevent the
continued release of waste-derived constituents to the ground water. The
described activities shall be implemented with the submittal of the compliance
monitoring plan. The director may require additional activities necessary to
prevent the continued release of waste-derived constituents to the ground
water.
(k)
Provisions for demonstration of a false positive. The owner or operator shall
include in the compliance monitoring plan provisions to perform one of the
following as appropriate to demonstrate a false positive:
(i)
Use the "1 of M
resampling method" to demonstrate that the statistically significant increase
over background was a false positive. The "1 of M resampling method" to be used
shall be documented within the statistical analysis plan required by paragraph
(C)(6) of this rule and shall be protective of human health and safety and the
environment. The number of resamples to be used shall be documented with the
statistical method specified by the owner or operator as required by paragraph
(C)(6) of this rule. If the owner or operator demonstrates using the "1 of M
resampling method" that the statistically significant increase over background
was a false positive, then the owner or operator may continue with ground water
monitoring as specified within the submitted compliance monitoring plan. The
owner or operator shall submit a report documenting the demonstration to Ohio
EPA not later than one hundred and eighty days after initial
sampling.
(ii)
Demonstrate that a source other than the sanitary
landfill facility caused the contamination or that the statistically
significant increase over background resulted from error in the sampling,
analysis, statistical evaluation, or natural variation in ground water quality.
A report documenting this demonstration must be submitted to and approved by
the director or the director's authorized representative. If not later than one
hundred eighty days after the initial sampling the owner or operator does not
obtain approval, then the owner or operator shall comply with the provisions of
the compliance monitoring plan consistent with paragraphs (E)(7)(h) to
(E)(7)(k) of this rule.
(9)
(8) Reinstatement of
detection monitoring.
(a) If the owner or
operator determines that the concentrations of all waste-derived constituents
are shown to be at or below background values
at the
monitoring wells within the assessment monitoring program,
or for those wells within a specific assessment
monitoring area within an assessment monitoring program using the
statistical procedures described in paragraph (C)(6) of this rule for two
consecutive sampling events, then the owner or operator
may request, in writing, that the director approve
reinstatement of the
may reinstate the
detection monitoring program described in paragraphs (C) and (D) of this rule
by notifying the director.
(b) The owner or operator may demonstrate
that a source other than the sanitary landfill facility caused the
contamination, or that the statistically significant change resulted from error
in sampling, analysis,
or statistical evaluation,
or
from natural variation in ground water
quality. A report documenting this demonstration must be submitted to director
and request that the director approve reinstatement of the detection monitoring
program described in paragraphs (C) and (D) of this rule.
Until the director approves reinstatement of the
detection monitoring program, the owner or operator shall comply with
paragraphs (E)(9) and (F) of this rule.
(c) Until the director approves
reinstatement of the detection monitoring program, the owner or operator shall
comply with paragraphs (E)(10) and (F) of this rule.
(10)
(9) Semiannual determination of rate, extent, and
concentration. If the owner or operator determines, based on the determination
made according to paragraph
(E)(6)
(E)(5) of this rule, that waste-derived constituents
from the facility have entered the ground water, then the owner or operator
shall continue to make the determination required in accordance with paragraph
(E)(6)
(E)(5)
of this rule on a semiannual basis until released from this obligation by the
director or unless an alternate time interval is established by the director.
The owner or operator shall submit documentation of the semiannual
determination of rate, extent, and concentration with the reports required to
be submitted in accordance with paragraph
(E)(11)
(E)(10) of
this rule.
(11)
(10) Notification of adjacent landowners. After the
determination of rate, extent, and concentration in accordance with paragraph
(E)(6)
(E)(5)
of this rule, the owner or operator shall notify by certified mail
, or any other form of mail accompanied by a
receipt
, all persons who own land or reside
on the land that directly overlies, or is reasonably expected to overlie, any
part of the plume of the contamination, as determined in accordance with
paragraph
(E)(5)
(E)(4) of this rule, of the rate, extent, and
concentration of the waste-derived constituents in the ground water. The owner
or operator shall place the return receipts or other evidence of notification
into the operating record. Annually, the owner or operator shall re-notify
persons or notify additional persons based on the results of the determinations
of rate, extent, and concentration in accordance with paragraph
(E)(5)
(E)(4)
of this rule until released from this obligation by the director.
(12)
(11)
Semiannual assessment activities report.
The owner
or operator shall submit to the appropriate Ohio EPA district office and to the
approved health department, upon
Upon
implementation of the ground water quality assessment plan submitted under
paragraph (E)(2) of this rule,
the owner or operator
shall submit a report on the activities being conducted at the facility
as part of implementation of the ground water quality assessment plan
to the appropriate Ohio EPA district office and to the
approved health department. All monitoring and reporting required by
paragraph (E) of this rule shall continue until the director releases the
owner/operator
owner
or operator from this obligation or
approves
the
a corrective
measures plan
is approved
measure in accordance with
paragraph (F)(10) of this rule. Any documents or data previously
submitted by the
owner/operator
owner or operator during the six month period need not
be submitted with the semiannual report. Previously submitted documents or data
shall be referenced within the semiannual report as having been submitted. This
report shall be submitted semiannually and contain the following:
(a) A narrative description of all assessment
activities that have occurred since the previous report.
(b) All data generated as part of the
assessment program since the previous report.
(F) Corrective measures program.
(1) General requirements. Unless otherwise
specified in paragraph
(E)(8)
(E)(7) or
(E)(9)
(E)(8) of this rule, upon determining in
accordance with paragraph (E) of this rule that waste-derived contaminants have
been detected in the ground water the owner or operator shall implement a
corrective measures program plan capable of evaluating all practicable ground
water remediation procedures, attaining the concentration level for
waste-derived contaminants detected in the ground water, controlling the source
of the release, identifying specific ground water monitoring requirements to
monitor the effectiveness of the corrective measures
, and eliminating further releases. The owner or
operator shall implement the corrective measures program in accordance with the
corrective measures plan and
the requirements
of this rule.
(2)
Corrective measures plan. Unless otherwise specified in paragraph
(E)(8)
(E)(7)
or
(E)(9)
(E)(8) of
this rule, and
within
not later than
one hundred and eighty days
of
after making a determination in accordance with
paragraph
(E)(6)
(E)(5) of this rule, the owner or operator shall
submit a corrective measures plan to the director and into the operating
record. The corrective measures plan shall evaluate all practicable remediation
procedures which are available for remediating any contamination discovered
during assessment monitoring. The evaluated remediation procedures shall
, at a minimum
,
do the following:
(a) Be protective of human
health and safety and the environment.
(b) Attain the proposed ground water
concentration levels specified in accordance with paragraph (F)(7) of this
rule.
(c) Control the
source(s)
source of releases to reduce or eliminate, to the
maximum extent practicable, further releases of waste-derived constituents into
the environment.
(d) Comply with
standards for management of wastes as specified in paragraph (F)(13) of this
rule.
(e) Contain a revised ground
water corrective measures monitoring plan which identifies specific ground
water monitoring requirements to monitor the effectiveness of the corrective
measures. The ground water corrective measures monitoring plan shall
, at a minimum
,
contain provisions:
(i) For determining
semiannually, that ground water remediation standards established in accordance
with paragraph (F)(7) of this rule are achieved for those contaminants
determined to have been released to ground water.
(ii) For semiannual monitoring for the
presence above background levels of parameters numbered 1-66 of appendix I
of
to this
rule determined not to have been released to ground water.
(iii) Which meet the applicable provisions of
paragraphs (B) to (D) of this rule.
(3) The owner or operator shall evaluate each
proposed remediation procedure within the corrective measures plan. This
evaluation shall
, at a minimum
, consider the following:
(a) Any potential remediation procedure,
which shall be assessed for the long-term and short-term effectiveness and the
protection it affords.
This shall include the degree of certainty that the remediation
procedure will prove successful. Factors to be considered include the
following:
(i) Magnitude of reduction
of existing risks.
(ii) Magnitude
of residual risks in terms of likelihood of further releases due to waste
remaining following implementation of a remediation procedure.
(iii) The type and degree of long-term
management required, including monitoring, operation, and
maintenance.
(iv) Short-term risks
that may affect the community, workers, or the environment during
implementation of such a remediation procedure, including potential threats to
human health and safety and the environment associated with excavation,
transportation, redisposal, or containment.
(v) Potential for human and environmental
receptor exposure to remaining wastes, considering the potential threat to
human health and safety and the environment associated with excavation,
transportation, redisposal, or containment.
(vi) Long-term reliability of the engineering
and institutional controls.
(vii)
Potential need for replacement of the remediation procedure.
(viii) Time until full protection is
achieved.
(b) The
effectiveness of the remediation procedure in controlling the source in order
to reduce further releases, including the following:
(i) The extent to which containment practices
will reduce further releases.
(ii)
The extent to which treatment technologies may be used.
(c) The need to coordinate with, and obtain
necessary approvals and permits from, other agencies.
(d) The available capacity and location of
needed treatment, storage, and disposal services.
(e) The ease or difficulty of implementing
a potential
remedy(s)
remedies
based on consideration of the following types of factors:
(i) Degree of difficulty associated with
constructing the technologies.
(ii)
Expected operation reliability of the technologies.
(iii) Availability of necessary equipment and
specialists.
(f) The
degree to which community concerns are addressed by a potential corrective
measure.
(g) The performance,
reliability, ease of implementation, and potential impacts of the potential
remediation procedures, including safety impacts, cross-media impacts, and
control of exposure to any residual contamination.
(h) A schedule for initiating and completing
each remediation procedure discussed in the plan. In establishing this
schedule, the owner or operator shall consider the following:
(i) The extent and nature of any
contamination.
(ii)
) The practical capability of remedial
technologies to achieve compliance with ground water concentration levels
established in accordance with paragraph
(F)(6)
(F)(7) of this
rule and other objectives of the remediation procedure.
(iii) The availability of treatment or
disposal capacity for wastes managed during implementation of the remediation
procedure.
(iv) The desirability of
utilizing technologies that are not currently available, but which may offer
significant advantages over currently available technologies in terms of
protection, reliability, safety, or the ability to achieve remedial
objectives.
(v) Potential risks to
human health and the environment from contaminant exposure prior to completion
of the remediation procedure.
(vi)
Practicable capability of the owner or operator.
(vii) Other relevant factors.
(i) Resource value of the aquifer
system, including the following:
(i) Current
and future uses.
(ii) Proximity and
withdrawal rate of users.
(iii)
Ground water quantity and quality.
(iv) The potential damage to wildlife, crops,
vegetation, and physical structures resulting from exposure to waste
constituents.
(v) The hydrogeologic
characteristics of the facility and surrounding area.
(vi) Ground water removal and treatment
costs.
(vii) The cost and
availability of alternate water supplies.
(j) Practical capability of the owner or
operator.
(k) Other relevant
factors.
(4) Public
meeting. The owner or operator shall:
(a)
Within
Not later
than thirty days
of
after submitting the corrective measures plan to the
director, place copies of the ground water quality assessment report and the
corrective measures plan in the nearest public library, or other publicly
accessible equivalent location, to the affected sanitary landfill facility. The
owner or operator shall periodically revise and update the copies, but
no
not later
than the annual update of the operating record in accordance with rule
3745-27-09
of the Administrative Code. The copies shall be made available to the public
until a remedy is selected by the director.
(b)
Within
Not later than
sixty days
of
after submitting the corrective measures plan to the
director, discuss the results and content of the ground water quality
assessment report and the corrective measures plan in a public meeting with
interested and affected parties. The owner or operator shall provide adequate
and reasonable public notice of the meeting, and the public meeting must be
held at a place and time reasonably convenient to the interested and affected
parties.
(c) Solicit public comment
on the proposed corrective measures plan. Any public comments received shall be
placed in the operating record and submitted to the appropriate Ohio EPA
district office and the approved health department.
(5) The director or
his
the
director's authorized representative may require the owner or operator to
evaluate, as part of the corrective measures study, one or more specific
potential remediation
procedure(s)
procedures.
(6) Interim corrective measures. If, at any
time during the assessment described in paragraphs (E) and (F) of this rule,
the director determines that the facility threatens human health or safety or
the environment, the director may require the owner or operator to implement
the following measures:
(a) Notify all
persons, via certified mail or any other
form of mail accompanied by a receipt, who
own the land or reside on the land that directly overlies or lies adjacent to
any part of the plume of contamination.
(b) Take any interim measures deemed
necessary by the director to ensure the protection of human health and safety
and the environment. Interim measures should
, to the extent practicable
, be consistent with the objectives of and
contribute to the performance of any remediation procedure that may be required
pursuant to paragraphs (F)(1), (F)(2), (F)(3), and (F)(7) of this rule. The
following factors may be considered by the director in determining whether
interim measures are necessary:
(i) The
amount of time required to develop and implement a final remediation
procedure.
(ii) Actual or potential
exposure of nearby populations or environmental receptors to waste-derived
constituents.
(iii) Actual or
potential contamination of drinking water supplies or sensitive
ecosystems.
(iv) Any further
degradation of the ground water that may occur if remedial action is not
initiated expeditiously.
(v)
Weather conditions that may cause waste-derived constituents to migrate or be
released.
(vi) Risks of fire,
explosion, or potential for exposure to waste-derived constituents as a result
of an accident or failure of a container or handling system.
(vii) Other situations that threaten human
health and the environment.
(7) Ground water remediation standards. The
corrective measures plan shall propose a concentration level for each
waste-derived constituent which has been detected in the ground water at a
statistically significant level. These shall be established as follows:
(a) The proposed concentration levels in the
ground water shall be protective of human health and safety and the
environment.
(b) Unless an
alternate level is deemed necessary to protect environment receptors, then the
following apply:
(i) For constituents for
which
a maximum contaminant
level has
levels
have been promulgated under
section
Chapter 3745-81 of the Administrative Code, the maximum contaminant level for
that constituent.
(ii) For
constituents for which maximum contaminant levels have not been promulgated,
the background concentration for the constituent from wells in accordance
paragraphs (C)(4) and (C)(5) of this rule.
(iii) If the owner or operator can
demonstrate to the director that a waste-derived constituent is already present
in the ground water at a background level, then the proposed concentration
levels shall not be set below background levels unless the director determines
that cleanup to levels below background levels is necessary to protect human
health and the environment and such cleanup is in connection with an area-wide
remedial action under other authorities.
(c) In establishing the proposed
concentration levels that meet the requirements of paragraph (F)(7)(b) of this
rule, the permittee shall consider the following:
(i) Multiple contaminants in the ground
water.
(ii) Exposure threat to
sensitive environmental receptors.
(iii) Other site-specific exposure or
potential exposure to ground water.
(iv) The reliability, effectiveness,
practicability, and other relevant factors of the remediation
procedure.
(d) The
director or
his
the
director's authorized representative may establish an alternative ground
water remediation standard for constituents for which maximum contaminant
levels have not been established. These ground water remediation standards
shall be appropriate health based levels that satisfy the following criteria:
(i) The level is derived in a manner
consistent with federal guidelines for assessing the health risks of
environmental pollutants.
(ii) The
level is based on scientifically valid studies conducted in accordance with
standard laboratory practices.
(iii) For known or suspected carcinogens, the
proposed concentration levels shall be established at concentration levels
below those that represent a cumulative (due to lifetime exposure) excess
upper-bound lifetime cancer risk to an individual within the 1 x
10-4to 1 x
10-6range.
(iv) For systematic toxicants, the proposed
concentration levels shall be reduced to levels to which the human population
(including sensitive subgroups) could be exposed on a daily basis without
appreciable risk of deleterious effects during a lifetime. For the purposes of
this rule, "systematic toxicants" include toxic chemicals that cause effects
other than cancer or mutation.
(8) Determination that remediation is not
necessary. The director may determine that remediation of a release of
waste-derived constituents from the sanitary landfill facility is not necessary
if the owner or operator demonstrates one of the following:
(a) The ground water is additionally
contaminated by substances that have originated from a source other than the
sanitary landfill facility and those substances are present in concentrations
such that cleanup of the release from the sanitary landfill facility would
provide no significant reduction in risk to actual or potential
receptors.
(b) The
constituent(s)
constituents present in ground water that:
(i) Is not currently or reasonably expected
to be a source of drinking water
; and
.
(ii) Is
not hydraulically connected with waters to which the waste-derived
constituent(s)
constituents are migrating or are likely to migrate in
a concentration(s)
concentrations that would exceed the ground water
remediation standards established under paragraph (F)(7) of this
rule.
(c) Remediation of
release(s)
releases is technically impractical.
(d) Remediation results in unacceptable
cross-media impacts.
(9)
A determination by the director pursuant to paragraph (F)(8) of this rule shall
not affect the director's authority 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 ground water, to prevent exposure to
ground water, or to remediate ground water to concentrations that are
technically practicable and significantly reduce threats to human health and
the environment.
(10) Selection of
corrective measure. The director shall select from the corrective measures
plan, or designate according to paragraph (F)(6) of this rule, the corrective
measure which best meets the criteria listed in paragraphs (F)(2), (F)(3), and
(F)(7) of this rule. The owner or operator shall implement the corrective
measure designated by the director in accordance with the schedule of
implementation selected by the director.
[Comment: Upon the selection of a corrective measure by the
director, the owner/operator
owner or operator shall comply with the financial
assurance requirements of rule
3745-27-18
of the Administrative Code.]
(11) Determination that
a corrective measure not technically practicable.
The director may determine, based on information developed by the owner or
operator after implementation of the remediation procedure has begun, or from
other information, that compliance with the
requirement(s)
requirements
for the remediation procedure selected under
paragraphs
paragraph
(F)(10) of this rule is not technically practicable. In making such a
determination, the director shall consider the following:
(a) The owner's or operator's efforts to
achieve compliance with the
requirement(s)
requirements.
(b) Whether other currently available or new
methods or techniques could practicably achieve compliance with the
requirements.
(12)
Alternative measures. If the director determines that compliance with a
remediation procedure requirement is not technically practicable, then the
director may require that the owner or operator do the following:
(a) Implement alternate measures to control
human or environmental receptor exposure to residual contamination, as necessary,
to protect human health and safety and the environment.
(b) Implement alternate measures for control
of the sources of contamination, or for removal or decontamination of
equipment, units, devices, or structures required to implement the remediation
procedure(s)
procedures, that are both of the following:
(i) Technically practicable
.
(ii)
Consistent with the overall objective of the remediation procedure.
(13) All solid wastes
that are managed pursuant to a remediation procedure required under paragraph
(F)(10) of this rule, or an interim measure required under paragraph (F)(6) of
this rule, shall be managed in a manner:
(a)
That is protective of human health and the environment.
(b) That complies with applicable laws and
regulations.
(14)
Semiannual corrective measures activities report. The owner or operator shall
submit to the appropriate Ohio EPA district office and the approved health
department, upon implementation of the remediation procedure chosen under
paragraph (F)(10) of this rule, a report of the activities being conducted at
the facility as part of implementation of the corrective measures program. Any
documents or data previously submitted by the
owner/operator
owner or
operator during the semiannual period need not be submitted with the
semiannual report. Previously submitted documents or data shall be referenced
within the semiannual report as having been submitted. This report shall be
submitted semiannually and contain the following:
(a) A narrative description of all remedial
activities that have occurred since the previous report.
(b) All data generated as part of the
remedial activities at the facility.
(15) Completion of corrective measures. The
corrective measures selected pursuant to paragraph (F)(10) of this rule shall
be considered complete when the following occur:
(a) The owner or operator complies with the
ground water remediation standards established under paragraph (F)(7) of this
rule at all points within the plume of contamination that lie beyond the limits
of waste placement.
(b) Compliance
with the ground water remediation standards established under paragraph (F)(7)
of this rule has been achieved by demonstrating semiannually via ground water
monitoring that the contamination has not exceeded the ground water remediation
standard(s)
standards for a period of three years or until the end
of the post-closure care period, whichever is longer, using the statistical
procedures and performance standards in paragraphs (C)(6) and (C)(7) of this
rule. The director may specify an alternative length of time during which the
owner or operator shall demonstrate that the contamination has not exceeded the
ground water protection
standard(s)
standards taking into account the following
considerations:
(i) Extent and concentration
of the contamination.
(ii) Behavior
characteristics of the contamination in the ground water.
(iii) Accuracy of monitoring or modeling
techniques, including any seasonal, meteorological, or other environmental
variabilities that may affect the accuracy.
(iv) Characteristics of the ground
water.
(c) All actions
required to complete the corrective measure have been satisfied.
(16) Certification corrective
measures completed.
Upon
Not later than fourteen days after completion of the
corrective measure, the owner or operator shall certify
within fourteen days to the director that
the corrective measure has been completed in compliance with paragraph (F)(15)
of this rule. The certification shall be signed by the owner or operator and a
qualified ground water scientist. A copy of the certification shall be placed
in the operating record. Upon approval by the director of the certification,
the owner or operator shall be released from the financial assurance
requirements for corrective measures under rule
3745-27-18
of the Administrative Code.