N.J. Admin. Code § 7:14A-9.8 - Assessment monitoring program
(a) Assessment
monitoring is required whenever a statistically significant increase over
background has been detected for one or more of the constituents listed in
Appendix A to this subchapter or in the alternative list established in
accordance with
7:14A-9.7(a)2.
(b) Within 90 days of initiating an
assessment monitoring program, and annually thereafter, the owner or operator
shall sample and analyze the ground water for all constituents identified in 40
C.F.R. 258 Appendix II. A minimum of one sample from each downgradient well
shall be collected and analyzed during each sampling event. For any constituent
detected in the downgradient wells as a result of the complete 40 C.F.R. 258
Appendix II analysis a minimum of four independent samples from each well
(background and downgradient) shall be collected and analyzed to establish
background for the constituents. The Department will specify an appropriate
subset of wells to be sampled and analyzed for 40 C.F.R. 258 Appendix II
constituents during assessment monitoring. The Department will remove any of
the 40 C.F.R. 258 Appendix II monitoring parameters for a sanitary landfill if
it can be shown that the removed constituents are not reasonably expected to be
in or derived from the waste contained in the unit.
(c) The Department will specify an
appropriate alternate frequency for repeated sampling and analysis for the full
set of 40 C.F.R. 258 Appendix II constituents required to be monitored pursuant
to (b) above, during the active life (including closure) and post closure care
of the unit based on the following factors:
1.
The lithology of the aquifer and unsaturated zone;
2. The hydraulic conductivity of the aquifer
and unsaturated zone;
3. The ground
water flow rate;
4. The minimum
distance between upgradient edge of the sanitary landfill and downgradient
monitoring well screen (minimum distance of travel);
5. The resource value of the aquifer;
and
6. The nature (fate and
transport) of any constituents detected.
(d) After obtaining the results from the
initial or subsequent sampling required pursuant to (b) above, the owner or
operator shall:
1. Within 14 days, place a
notice in the records maintained by the facility identifying the 40 C.F.R. 258
Appendix II constituents that have been detected and notify the Department that
this notice has been placed in the records maintained by the
facility;
2. Within 90 days, and on
at least a semiannual basis thereafter, resample all wells installed as part of
the ground water monitoring system established pursuant to
7:14A-9.3(a) and
conduct analyses for all constituents in Appendix A to this subchapter or in
the alternative list established pursuant to
7:14A-9.7(a)2, and
for those constituents in 40 C.F.R. 258 Appendix II that are detected in
response to (b) above and record their concentrations in the records maintained
by the facility. At least one sample from each well (background and
downgradient) shall be collected and analyzed during these sampling events. The
Department will specify an alternative monitoring frequency during the active
life (including closure) and the post closure period for the constituents
referred to in this paragraph. The alternative frequency for Appendix A
constituents or the alternative list established pursuant to
7:14A-9.7(a)2
during the active life (including closure) shall be no less than annual. The
alternative frequency shall be based on consideration of the factors specified
at (c) above;
3. Establish
background concentrations for any constituents detected pursuant to (b) or (d)
above; and
4. Establish ground
water protection standards for all constituents detected pursuant to (b) or (d)
above. The ground water protection standards shall be established in accordance
with (h) below, or when available, shall be the Ground Water Quality Standards
set forth in N.J.A.C. 7:9C.
(e) If the concentrations of all 40 C.F.R.
258 Appendix II constituents are shown to be at or below background values,
using the statistical procedures set forth at
7:14A-9.5(g), for
two consecutive sampling events, the owner or operator shall notify the
Department of this finding and may resume detection monitoring pursuant to
N.J.A.C. 7:14A-9.7.
(f) If the
concentrations of any 40 C.F.R. 258 Appendix II constituents are above
background values, but all concentrations are below the ground water protection
standard established pursuant to (h) below using the statistical procedures in
7:14A-9.5(g), the
owner or operator shall continue assessment monitoring in accordance with this
section.
(g) If one or more 40
C.F.R. 258 Appendix II constituents are detected at statistically significant
levels above the ground water protection standards established pursuant to (d)4
above in any sampling event, the owner or operator shall within 14 days of this
finding, place a notice in the records maintained by the facility identifying
the 40 C.F.R. 258 Appendix II constituents that have exceeded the ground water
protection standard and notify the Department and all appropriate local
government officials that the notice has been placed in said records.
1. The owner or operator shall also:
i. Characterize the nature and extent of the
release by installing additional monitoring wells as necessary;
ii. Install at least one additional
monitoring well at the facility boundary in the direction of contaminant
migration and sample this well in accordance with (d)(2) above;
iii. Notify all persons who own the land or
reside on the land that directly overlies any part of the plume of
contamination if contaminants have migrated offsite as indicated by sampling of
wells in accordance with this subsection; and
iv. Initiate an assessment of corrective
measures as required by
7:14A-9.9 within 90 days;
or
2. The owner or
operator may demonstrate that a source other than a sanitary landfill unit
caused the contamination, or that the statistically significant increase
resulted from error in sampling, analysis, or natural variation in ground water
quality. A report documenting this demonstration shall be certified by a
qualified ground water scientist or approved by the Department and placed in
the records maintained by the facility. If a successful demonstration is made,
the owner or operator shall continue monitoring in accordance with the
assessment monitoring program established pursuant to this section, and may
resume to detection monitoring if the 40 C.F.R. 258 Appendix II constituents
are at or below background as specified at (e) above. Until a successful
demonstration is made, the owner or operator shall comply with (g) above,
including initiating an assessment of corrective measures.
(h) Ground water protection standards for
each 40 C.F.R. 258 Appendix II parameter shall be determined according to the
criteria in N.J.A.C. 7:9C or in accordance with
40 C.F.R. 258.55(h)
through (i), whichever is more
stringent.
Notes
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