Utah Admin. Code R315-265-90 - Ground-Water Monitoring - Applicability
(a) Within one year after the effective date
of these regulations, the owner or operator of a surface impoundment, landfill,
or land treatment facility which is used to manage hazardous waste shall
implement a ground-water monitoring program capable of determining the
facility 's impact on the quality of ground water in the uppermost aquifer
underlying the facility , except as Section
R315-265-1 and
Subsection R315-265-90(c) provide otherwise.
(b) Except as Subsections R315-265-90(c) and
(d) provide otherwise, the owner or operator shall install, operate, and
maintain a ground-water monitoring system which meets the requirements of
Section R315-265-91, and shall comply with Sections R315-265-92 through 265-94.
This ground-water monitoring program shall be carried out during the active
life of the facility , and for disposal facilities, during the post-closure care
period as well.
(c) All or part of
the ground-water monitoring requirements of Sections R315-265-90 through 265-94
may be waived if the owner or operator can demonstrate that there is a low
potential for migration of hazardous waste or hazardous waste constituents from
the facility via the uppermost aquifer to water supply wells, domestic,
industrial, or agricultural, or to surface water. This demonstration shall be
in writing, and shall be kept at the facility . This demonstration shall be
certified by a qualified geologist or geotechnical engineer and shall establish
the following:
(1) The potential for
migration of hazardous waste or hazardous waste constituents from the facility
to the uppermost aquifer, by an evaluation of:
(i) A water balance of precipitation,
evapotranspiration, runoff, and infiltration; and
(ii) Unsaturated zone characteristics, i.e.,
geologic materials, physical properties, and depth to ground water;
and
(2) The potential for
hazardous waste or hazardous waste constituents which enter the uppermost
aquifer to migrate to a water supply well or surface water, by an evaluation
of:
(i) Saturated zone characteristics, i.e.,
geologic materials, physical properties, and rate of ground-water flow;
and
(ii) The proximity of the
facility to water supply wells or surface water.
(d) If an owner or operator assumes, or
knows, that ground-water monitoring of indicator parameters in accordance with
Sections R315-265-91 and 265-92 would show statistically significant increases,
or decreases in the case of pH, when evaluated under Subsection R315-265-93(b),
he may install, operate, and maintain an alternate ground-water monitoring
system, other than the one described in Sections R315-265-91 and 265-92. If the
owner or operator decides to use an alternate ground-water monitoring system he
shall:
(1) Within one year after the
effective date of these regulations, develop a specific plan, certified by a
qualified geologist or geotechnical engineer, which satisfies the requirements
of Subsection R315-265-93(d)(3), for an alternate ground-water monitoring
system. This plan is to be placed in the facility 's operating record and
maintained until closure of the facility .
(2) Not later than one year after the
effective date of these regulations, initiate the determinations specified in
Subsection R315-265-93(d)(4);
(3)
Prepare a report in accordance with Subsection R315-265-93(d)(5) and place it
in the facility 's operating record and maintain until closure of the
facility .
(4) Continue to make the
determinations specified in Subsection R315-265-93(d)(4) on a quarterly basis
until final closure of the facility ; and
(5) Comply with the recordkeeping and
reporting requirements in Subsection R315-265-94(b).
(e) The ground-water monitoring requirements
of this Sections R315-265-90 through 265-94 may be waived with respect to any
surface impoundment that (1) Is used to neutralize wastes which are hazardous
solely because they exhibit the corrosivity characteristic under Section
R315-261-22
or are listed as hazardous wastes in Sections
R315-261-30
through 261-35 only for this reason, and (2) contains no other hazardous
wastes, if the owner or operator can demonstrate that there is no potential for
migration of hazardous wastes from the impoundment. The demonstration shall
establish, based upon consideration of the characteristics of the wastes and
the impoundment, that the corrosive wastes will be neutralized to the extent
that they no longer meet the corrosivity characteristic before they can migrate
out of the impoundment. The demonstration shall be in writing and shall be
certified by a qualified professional.
(f) The Director may replace all or part of
the requirements of Sections R315-265-90 through 265-94 applying to a regulated
unit, as defined in Section
R315-264-90,
with alternative requirements developed for groundwater monitoring set out in
an approved closure or post-closure plan or in an enforceable document, as
defined in Subsection
R315-270-1(c)(7),
where the Director determines that:
(1) A
regulated unit is situated among solid waste management units, or areas of
concern, a release has occurred, and both the regulated unit and one or more
solid waste management unit(s), or areas of concern, are likely to have
contributed to the release; and
(2)
It is not necessary to apply the requirements of Sections R315-265-90 through
265-94 because the alternative requirements will protect human health and the
environment. The alternative standards for the regulated unit shall meet the
requirements of Subsection
R315-264-101(a).
Notes
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