An owner or operator required to establish a detection
monitoring program under rules
3745-54-90 to
3745-54-101 of the
Administrative Code must, at a minimum, discharge the following
responsibilities:
(A) The owner or
operator must monitor for indicator parameters (e.g., specific conductance,
total organic carbon, or total organic halogen), waste constituents, or
reaction products that provide a reliable indication of the presence of
hazardous constituents in ground water. The
director will specify the
parameters or constituents to be monitored in the facility permit, after
considering the following factors:
(1) The
types, quantities, and concentrations of constituents in wastes managed at the
regulated unit;
(2) The mobility,
stability, and persistence of waste constituents or their reaction products in
the unsaturated zone beneath the waste management area;
(3) The detectability of indicator
parameters, waste constituents, and reaction products in ground water; and
(4) The concentrations or values
and coefficients of variation of proposed monitoring parameters or constituents
in the ground water background.
(B) The owner or operator must install a
ground water monitoring system at the compliance point as specified under rule
3745-54-95 of the Administrative
Code. The ground water monitoring system must comply with paragraphs (A)(2),
(B), and (C) of rule
3745-54-97 of the Administrative
Code.
(C) The owner or operator
must conduct a ground water monitoring program for each chemical parameter and
hazardous constituent specified in the permit pursuant to paragraph (A) of this
rule in accordance with paragraph (G) of rule
3745-54-97 of the Administrative
Code. The owner or operator must maintain a record of ground water analytical
data as measured and in a form necessary for the determination of statistical
significance under paragraph (H) of rule
3745-54-97 of the Administrative
Code.
(D) The permit will specify
the frequencies for collecting samples and conducting statistical tests to
determine whether there is statistically significant evidence of contamination
for any parameter or hazardous constituent specified in the permit under
paragraph (A) of this rule in accordance with paragraph (G) of rule
3745-54-97 of the Administrative
Code.
A sequence of at least four samples from each
well (background and compliance wells) must be collected at least semi-annually
during detection monitoring.
(E) The owner or operator must determine the
ground water flow rate and direction in the uppermost aquifer at least
annually.
(F) The owner or operator
must determine whether there is statistically significant evidence of
contamination for any chemical parameter
of
or hazardous
constituent specified in the permit pursuant to paragraph (A) of this rule at a
frequency specified under paragraph (D) of this rule.
(1) In determining whether statistically
significant evidence of contamination exists, the owner or operator must use
the method(s) specified in the permit under paragraph (H) of rule
3745-54-97 of the Administrative
Code. These method(s) must compare data collected at the compliance point(s) to
the background ground water quality data.
(2) The owner or operator must determine
whether there is statistically significant evidence of contamination at each
monitoring well at the compliance point within a reasonable period of time
after completion of sampling. The director will specify in the facility permit
what period of time is reasonable, after considering the complexity of the
statistical test and the availability of laboratory facilities to perform the
analysis of ground water samples.
(G) If the owner or operator determines,
pursuant to paragraph (F) of this rule, that there is statistically significant
evidence of contamination for chemical parameters or hazardous constituents
specified pursuant to paragraph (A) of this rule at any monitoring well at the
compliance point, he must:
(1) Notify the
director of this finding in writing within seven days. The notification must
indicate what chemical parameters or hazardous constituents have shown
statistically significant evidence of contamination;
(2) Immediately sample the ground water in
all monitoring wells and determine whether constituents in the ground water
monitoring list (found in the appendix to this rule) are present, and if so, in
what concentration. However, the director, on a
discretionary basis, may allow sampling for a site-specific subset of
constituents from the list in the appendix to this rule and other
representative/related waste constituents.
(3) For any compounds listed in the ground
water monitoring list (found in the appendix to this rule) found in the
analysis pursuant to paragraph (G)(2) of this rule, the owner or operator may
resample within one month or at an alternative
site-specific schedule approved by the director
and repeat the analysis
for those compounds detected. If the results of the second analysis confirm the
initial results, then these constituents will form the basis for compliance
monitoring. If the owner or operator does not resample for the compounds
found pursuant to
in paragraph (G)(2) of this rule, the hazardous
constituents found during this initial ground water monitoring list analysis
will form the basis for compliance monitoring.
(4) Within ninety days, submit to the
director an application for a permit modification to establish a compliance
monitoring program meeting the requirements of rule
3745-54-99 of the Administrative
Code. The application must include the following information:
(a) An identification of the concentration of
any constituent listed in the appendix to this rule detected in the ground
water at each monitoring well at the compliance point;
(b) Any proposed changes to the ground water
monitoring system at the facility necessary to meet the requirements of rule
3745-54-99 of the Administrative
Code;
(c) Any proposed additions or
changes to the monitoring frequency, sampling and analysis procedures or
methods, or statistical methods used at the facility necessary to meet the
requirements of rule
3745-54-99 of the Administrative
Code;
(d) For each hazardous
constituent detected at the compliance point, a proposed concentration limit
under paragraph (A)(1) or (A)(2) of rule
3745-54-94 of the Administrative
Code, or a notice of intent to seek an alternate concentration limit under
paragraph (B) of rule
3745-54-94 of the Administrative
Code; and
(5) Within one
hundred eighty days, submit to the
director:
(a) All data necessary to justify an
alternate concentration limit sought under paragraph (B) of rule
3745-54-94 of the Administrative
Code; and
(b) An engineering
feasibility plan for a corrective action program necessary to meet the
requirement of rule
3745-54-100 of the
Administrative Code, unless:
(i) All
hazardous constituents identified under paragraph (G)(2) of this rule are
listed in
table 1 of
the table in rule
3745-54-94 of the Administrative
Code and their concentrations do not exceed the respective values given in that
table; or
(ii) The owner or
operator has sought an alternate concentration limit under paragraph (B) of
rule
3745-54-94 of the Administrative
Code for every hazardous constituent identified under paragraph (G)(2) of this
rule.
(6) If
the owner or operator determines, pursuant to paragraph (F) of this rule, that
there is a statistically significant difference for chemical parameters or
hazardous constituents specified pursuant to paragraph (A) of this rule at any
monitoring well at the compliance point, he may demonstrate that a source other
than a regulated unit caused the contamination or that the detection is an
artifact caused by an error in sampling, analysis, or statistical evaluation or
natural variation in the ground water. The owner or operator may make a
demonstration under paragraphs (G) to (G)(6)(d) of this rule in addition to, or
in lieu of, submitting a permit modification application under paragraph (G)(4)
of this rule; however, the owner or operator is not relieved of the requirement
to submit a permit modification application within the time specified in
paragraph (G)(4) of this rule unless the demonstration made under paragraphs
(G) to (G)(6)(d) of this rule successfully shows that a source other than a
regulated unit caused the increase, or that the increase resulted from error in
sampling, analysis, or evaluation. In making a demonstration under paragraphs
(G) to (G)(6)(d) of this rule, the owner or operator must:
(a) Notify the director in writing within
seven days of determining statistically significant evidence of contamination
at the compliance point that he intends to make a demonstration under
paragraphs (G) to (G)(6)(d) of this rule;
(b) Within ninety days, submit a report to
the director which demonstrates that a source other than a regulated unit
caused the contamination or that the contamination resulted from error in
sampling, analysis, or evaluation;
(c) Within ninety days, submit to the
director an application for a permit modification to make any appropriate
changes to the detection monitoring program at the facility; and
(d) Continue to monitor in accordance with
the detection monitoring program established under this rule.
(H) If the owner or
operator determines that the detection monitoring program no longer satisfies
the requirements of this rule, he must, within ninety days, submit an
application for a permit modification to make any appropriate changes to the
program.
[Comment: For dates of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see rule 3745-50-11
oftheAdministrativeCodetitled"Incorporated by reference."]
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11 of the Administrative
Code titled"Incorporated by reference."]
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