329 IAC 10-21-9 - Demonstration that a statistically significant increase or contamination is not attributable to a municipal solid waste land disposal facility unit
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-20; IC 36-9-30
Sec. 9.
(a) If a
verified statistically significant increase in a constituent concentration has
occurred, the owner, operator, or permittee may demonstrate that the verified
statistically significant increase was caused by:
(1) a source other than the MSWLF
unit;
(2) an error in sampling
technique, laboratory analysis, or statistical evaluation; or
(3) natural variation in ground water
quality.
(b) If the
owner, operator, or permittee intends to make a demonstration under this
section, the owner, operator, or permittee shall submit, within fourteen (14)
days of verifying a statistically significant increase, a plan that describes:
(1) the general approach that will
demonstrate that the MSWLF unit did not cause the verified statistical
increase; and
(2) a schedule to
complete the demonstration. Based on previous ground water data and the
thoroughness of the plan submitted under subdivision (1), the commissioner may
modify the proposed schedule.
(c) If a demonstration is approved by the
commissioner, the owner, operator, or permittee may continue detection ground
water monitoring or assessment ground water monitoring, whichever is
applicable.
(d) If a demonstration
is not approved based on items listed in subsection (a), or the demonstration
is not submitted within the time frame specified in subsection (b)(2), then the
owner, operator, or permittee shall initiate either an assessment ground water
monitoring program or a corrective action program, whichever program is
applicable. The owner, operator, or permittee may continue the demonstration
process while implementing an assessment ground water monitoring program or a
corrective action program, whichever is applicable. If, subsequently, the
extended demonstration process proves that the MSWLF unit is not the source of
the verified statistically significant increase, the MSWLF unit may return to
detection monitoring or assessment monitoring provided there have been no other
verified statistically significant increases.
(e) The detection monitoring program or the
assessment monitoring program, whichever is applicable, must be continued
throughout the demonstration period identified in subsection (b)(2).
(f) The commissioner shall consider that a
statistically significant increase is attributable to the MSWLF unit if the
owner, operator, or permittee chooses not to demonstrate pursuant to this
section.
Notes
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