If a municipal solid waste landfill is subject to 40 CFR,
Part 258 as provided in
40 CFR, §
258.1
, the owner or operator shall
comply with groundwater monitoring and corrective action requirements in
40 CFR, Part 258, Subpart E. Consistent with those requirements, all
municipal solid waste landfill owners and operators shall also comply with this
rule:
(1) Groundwater:
(a) Each landfill permittee shall ensure
that:
(A) The introduction of any substance
from the landfill into an underground drinking water source does not result in
a violation of any applicable federal or state drinking water rules or
regulations beyond the solid waste boundary of the landfill or an alternative
boundary specified by the Department;
(B) The introduction of any substance from
the landfill into an aquifer does not impair the aquifer's recognized
beneficial uses, beyond the solid waste boundary of the landfill or an
alternative boundary specified by the Department, consistent with OAR Chapter
340, Division 40 and any applicable federal or state rules or
regulations.
(b) Where
monitoring is required, monitoring wells shall be placed at Department-approved
locations between the solid waste boundary and the property line if adequate
room exists;
(c) The Department may
specify an alternative boundary based on a consideration of all of the
following factors:
(A) The hydrogeological
characteristics of the facility and surrounding land;
(B) The volume and physical and chemical
characteristics of the leachate;
(C) The quantity and directions of flow of
groundwater;
(D) The proximity and
withdrawal rates of groundwater users;
(E) The availability of alternative drinking
water supplies;
(F) The existing
quality of the groundwater including other sources of contamination and their
cumulative impacts on the groundwater; and
(G) Public health, safety, and welfare
effects.
(2)
Monitoring:
(a) Where the Department finds
that a landfill's location and geophysical condition indicate that there is a
reasonable probability of potential adverse effects on public health or the
environment, the Department may require a permittee to provide monitoring wells
at Department-approved locations and depths to determine the effects of the
landfill on groundwater;
(b) In
addition to the requirements in
40 CFR, Part 258, Subpart E, if the
Department determines that monitoring wells are required at a landfill, the
permittee shall provide and maintain the wells at the locations specified by
the Department and shall submit a copy of the geologic log and record of well
construction to the Department within 30 days of completion of
construction;
(c) In addition to
the requirements in
40 CFR, Part 258, Subpart E, where the
Department determines that self-monitoring is practicable, the Department may
require that the permittee collect and analyze samples of surface water and/or
groundwater, at intervals specified and in a manner approved by the Department,
and submit the results in a format and within a time frame specified by the
Department;
(d) The Department may
require permittees who do self-monitoring to periodically split samples with
the Department for the purpose of quality control.
(3) Corrective action. The Department may
require action to remediate releases of constituents above the levels specified
in
40 CFR, §
258.56
or OAR Chapter 340, Division
40, whichever is more stringent. This authority is in addition to any other
authority granted by law.
Notes
Or. Admin. Code
§
340-094-0080
DEQ 41, f. 4-5-72, ef.
4-15-72; DEQ 26-1981, f. & ef. 9-8-81; DEQ 2-1984, f. & ef. 1-16-84;
DEQ 5-1993, f. & cert. ef. 3-10-93; Renumbered from 340-061-0040; DEQ
10-1994, f. & cert. ef. 5-4-94
Stat. Auth.: ORS
459.045,ORS
459A.100 -ORS
459A.120 &ORS
468.020
Stats. Implemented:ORS
459.015,ORS
459.045 &ORS
459.248
