329 IAC 10-21-8 - Verification of a statistically significant increase in constituent concentration
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-20; IC 36-9-30
Sec. 8.
(a) The
owner, operator, or permittee may develop a verification resampling and
analysis plan that will provide verification that a preliminary exceedance has
occurred in the concentration of one or more constituents during detection or
assessment monitoring programs. This plan must:
(1) use the statistical procedures and
performance standards described in section 6 of this rule to determine:
(A) the number of resamples that must be
collected for verification of a preliminary exceedance in constituent
concentration; and
(B) the number
of resamples that must fail in order to verify the preliminary
exceedance;
(2) identify
the MSWLF-wide false positive rate and the per-comparison false positive
rate;
(3) demonstrate that there is
an acceptable balance between the false positive rate and the false negative
rate;
(4) be approved by the
commissioner prior to implementation; and
(5) after approval by the commissioner, be
incorporated into the statistical evaluation plan.
(b) Until the owner, operator, or permittee
obtains approval for a proposed verification resampling and analysis plan, a
minimum of two (2) independent samples must be collected when verification of a
statistically significant increase is attempted.
(c) Until the owner, operator, or permittee
obtains approval for a verification resampling plan, the commissioner shall
consider a preliminary exceedance to be verified if:
(1) any of the verification resamples confirm
a statistically significant increase over background ground water quality;
or
(2) the owner, operator, or
permittee chooses not to institute a verification resampling program.
(d) Within fourteen (14) days
following the verification resampling determination, the owner, operator, or
permittee shall notify the commissioner of the following:
(1) The results of the verification
resampling and analysis program.
(2) An intention, on the part of the owner,
operator, or permittee to submit a demonstration pursuant to section 9 of this
rule.
(e) The detection
ground water monitoring program or the assessment ground water monitoring
program shall continue throughout the verification resampling program.
Progression to an assessment or corrective action ground water monitoring
program shall be based on the verification resampling results, regardless of
subsequent detection monitoring results if the verification resampling program
extends into the next scheduled sampling event.
(f) Following the completion of a
verification resampling program, a report must be submitted to the commissioner
no later than sixty (60) days following the last verification resampling event
or thirty (30) days prior to the next scheduled semiannual sampling event,
whichever occurs first. This report must be written and include the following:
(1) All information required under section
1(s) of this rule.
(2) The date the
commissioner was notified as required in subsection (d).
(3) Whether the ground water monitoring
program will:
(A) remain in detection
monitoring or assessment monitoring;
(B) advance into an assessment monitoring
program; or
(C) advance into a
corrective action program.
(4) Whether the owner, operator, or permittee
intends to make a demonstration pursuant to section 9 of this rule.
(5) Results of the verification resampling,
including information required by section 1(s)(3) through 1(s)(5) of this
rule.
(g) If
verification sampling determines that a statistically significant increase did
occur, the owner, operator, or permittee:
(1)
must initiate an assessment ground water monitoring program that meets the
requirements of section 10 of this rule or a corrective action program that
meets the requirements of section 13 of this rule, whichever program is
applicable; or
(2) may choose to
make a demonstration pursuant to section 9 of this rule, while maintaining a
detection monitoring program.
(h) The commissioner may approve an extension
of the submittal deadlines required by subsection (f) if the owner, operator,
or permittee:
(1) requests an extension;
and
(2) provides an adequate
explanation for the need of an extension.
Notes
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