Ohio Admin. Code 3745-30-08 - Ground water monitoring program
(A) Applicability. The
(1) The owner or operator,
of any
or industrial solid waste landfill
facility, of all lateral and vertical expansions of
any
or industrial solid waste landfill
facility, of any facility where the owner or
operator is required to submit a permit to install application in response to
division (A)(3) or (A)(4) of section 3734.05 of the Revised Code
according to
or rule 3745-29-11 of the Administrative
Code, shall implement and maintain a ground water monitoring program
capable of determining the impact of the landfill facility on the quality of
ground water occurring within the uppermost aquifer system and all significant
zones of saturation above the uppermost aquifer system underlying the landfill
facility. The groundwater
and submitted to the director as part of a
landfill facility's permit to install application or closure planwhen the director issues
(2) The owner or operator of an
industrial solid waste landfill facility, permitted and operating under Chapter
3745-29 of the Administrative Code, subject to any operational requirements in
rule 3745-29-19 of the Administrative Code, subject to any closure requirements
in rule 3745-29-11 of the Administrative Code, or subject to any post-closure
requirements in rule 3745-29-14 of the Administrative Code, shall comply with
the requirements of this rule and as follows:
(a) A ground water monitoring plan
previously submitted as part of an industrial solid waste landfill facility
permit to install or closure plan shall be revised to comply with this rule and
submitted to Ohio EPA within two hundred seventy days after the effective date
of this rule. The previously submitted plan shall remain in effect until sixty
days after the revised plan is submitted.
(b) Unless otherwise ordered, an
alternate parameter list previously approved by the director or his authorized
representative shall remain in effect.
[Comment: The owner/operator of an
industrial solid waste landfill regulated under rule 3745-29-10 of the
Administrative Code is only required to revise the portions of their current
ground water monitoring plan that do not comply with this rule and are not
required to submit a whole new plan. All variance approvals issued per rule
3745-29-10 of the Administrative Code continue in effect.]
(c) A permit applicant acting to
comply with paragraph (C)(3)(e) of rule 3745-29-06 of the Administrative Code
shall analyze the ground water for all of the parameters in paragraph (H) in
appendix C to this rule.
(d) An owner or operator acting to
comply with paragraph (M)(5) of rule 3745-29-19 of the Administrative Code
shall analyze the leachate for all of the parameters in paragraph (H) in
appendix C to this rule.
(B) Monitoring system.
(1) The ground water monitoring system shall
include a sufficient number of wells, installed at appropriate locations and
depths, to yield ground water samples from both the uppermost aquifer system
and any significant zones of saturation that exist above the uppermost aquifer
system that do
. The
ground water monitoring system shall meet the following:
(a) Represent the quality of the ground water
that has not been affected by past or present operations at the landfill
facility.
(b) Represent the quality
of the ground water passing directly downgradient of the limits of solid waste
placement.
(c)
Based on site-specific situations,
Include surface water monitoring of seeps, springs, or
streams in addition to or as a partial alternative to the ground water
monitoring may be
if proposed by the owner or operator or
may be required by the director.
Such surface water monitoring shall include provisions
for sampling procedures, constituents to be analyzed, and analyzing the
resulting data.
[Comment: The director's
authorization to conduct surface water monitoring under this rule should
include provisions for: sampling procedures; constituents to be analyzed; and
analyzing the resulting data.]
(2)
Where
the
For an uppermost aquifer system
exists more than one hundred fifty feet
beneath base of the waste or the recompacted clay liner of the landfill
facility, the ground water monitoring system shall consist of a sufficient
number of wells, installed at appropriate locations and depths, to yield ground
water samples from an adequate number of significant zones of saturation, in
accordance with paragraphs (B)(1)(a) and (B)(1)(b) of this rule, to ensure
detection of any contaminant release from the facility.
(3) All monitoring wells, included in the ground water monitoring program
shall be designed, installed, and developed in a manner that allows the
collection of ground water samples that are representative of ground water
quality in the geologic unit being monitored, and in accordance with the
following criteria:
(a) Monitoring wells
shall be cased in a manner that maintains the integrity of the monitoring well
boreholes.
(b) The annular space
(i.e., the space between the borehole and
the well casing)
,
above the sampling depth shall be sealed to prevent the contamination of
the samples and the ground water.
(c) The casing shall be screened or
perforated and surrounded by sand or gravel in such a way that allows for the
following:
(i)
For
the
The minimization of the passage of
formation materials into the well.
(ii)
For
the
The monitoring of discrete portions
of the uppermost aquifer system or any significant zones of saturation above
the uppermost aquifer system.
(d) The design, installation, development,
maintenance procedures, and abandonment of any monitoring wells, piezometers,
and other measurement, sampling, and analytical devices shall be documented in
the ground water monitoring program plan.
(e) The monitoring wells, piezometers, and
other measurement, sampling, and analytical devices shall be operated and
maintained to perform to design specifications throughout the life of the
ground water monitoring program.
(f) Monitoring wells constructed or used for
the purposes of this rule are not required to comply with Chapter 3745-9 of the
Administrative Code.
(4)
The number, spacing, and depth of ground water monitoring wells, included in the ground-water
ground
water monitoring system shall be as follows:
(a) Based on site-specific hydrogeologic
information.
(b) Capable of
detecting a release from the landfill facility to the ground water at the
closest practicable location to the limits of solid
waste
IMW placement.
(5) Unless the ground water is monitored to
satisfy the requirements of paragraphs (E) and (F) of this rule, the owner or
operator shall, at
least
at a
minimum annually, evaluate the ground
water surface elevation data obtained in accordance with paragraph (C)(2) of
this rule to determine whether the requirements of paragraph (B) of this rule
for locating the monitoring wells continue to be satisfied. The results of this
evaluation shall be included in the report required in accordance with
by
rule 3745-30-14 of the Administrative
Code. If the evaluation shows that paragraph (B) of this rule is no longer
satisfied, the owner or operator shall immediately modify the number, location,
and/or
or
depth of the monitoring wells
wells to bring the ground-water
ground
water monitoring system into compliance with
this requirement.
(C) Sampling, analysis, and statistical
methods.
(1) The ground water monitoring
program shall include consistent sampling and analysis procedures that are
protective of human health and safety and the environment and that are designed
to ensure monitoring results that provide an accurate representation of ground
water quality at the background and downgradient wells installed in accordance
with paragraph (B) of this rule. Sampling and analysis procedures employed in
the ground water monitoring program shall be documented in a sampling and
analysis plan which shall be included in
the ground water monitoring program plan required by paragraph (A) of this
rule, and which
shall also be available for inspection at the landfill facility. The
owner or operator shall use the methods documented in the sampling and analysis
plan. Changes to the plan shall be submitted to Ohio EPA
not later than sixty days
before
prior
to implementation. This
At a minimum, the plan shall, at a minimum, include a detailed description of
the equipment, procedures, and techniques to be used for the following:
(a) Measurement of ground water
elevations.
(b) Collection of
ground water samples, including the following:
(i) Well evacuation.
(ii) Sample withdrawal.
(iii) Sample containers and
handling.
(iv) Sample
preservation.
(c)
Performance of field analysis, including the following:
(i) Procedures and forms for recording raw
data and the exact location, time, and facility-specific conditions associated
with the data acquisition.
(ii)
Calibration of field devices.
(d) Decontamination of equipment.
(e) Analysis of ground water
samples.
(f) Chain of custody
control, including the following:
(i)
Standardized field tracking reporting forms to record sample custody in the
field prior to and during shipment.
(ii) Sample labels containing all information
necessary for effective sample tracking.
(g) Field and laboratory quality assurance
and quality control, including the following:
(i) Collection of replicate
samples.
(ii) Submission of
field-bias blanks.
(iii) Potential
interferences.
(2) Ground water elevations shall be measured
within a single twenty-four-hour period in all monitoring wells at least
semi-annually and in each well prior to purging and sampling. The owner or
operator shall determine, for the uppermost aquifer system and for all
significant zones of saturation monitored, the direction of
ground-water
ground
water flow at least semi-annually. The ground water elevations and
direction(s)
direction of flow shall be shown on a potentiometric
map(s) submitted
map with the sampling data submitted in accordance with paragraph (C)(8) of this
rule .
(3)
The
Unless
establishing background in accordance with paragraph (C)(4) of this rule,
the owner or operator shall establish background ground water
quality, unless the exception in paragraph (C)(4) of
this rule applies, by analyzing ground water samples collected from
hydraulically upgradient well(s)
wells for each of the monitoring parameters or
constituents required in the particular ground water monitoring program that
applies to the landfill facility as determined by paragraph (D), (E), or (F) of
this rule.
(4) Background ground
water quality at existing landfill facilities may be based on sampling of wells
that are not hydraulically upgradient where the following occur:
(a) Hydrogeologic conditions do not allow the
owner or operator to determine which wells are upgradient.
(b) Sampling of other wells will provide an
indication of background ground water quality that is as representative or more
representative than that provided by upgradient wells.
(5)
The owner or
operator shall, within
not later than
ninety days of
after obtaining the final sample
which
that
completes the initial year of ground water monitoring, the owner or operator shall specify one of the
following statistical methods to be used in evaluating ground water monitoring
data. The statistical method chosen shall be conducted separately for each of
the parameters required to be statistically evaluated in paragraph (D)(4) of
this rule. The statistical method specified shall ensure protection of human
health and safety and the environment and shall comply with the performance
standards outlined in paragraph (C)(6) of this rule. The statistical method
specified shall be selected from the following:
(a) A tolerance or prediction interval
procedure in which an interval for each parameter is established from the
distribution of the background data, and the level of each parameter in each
monitoring well is compared to the upper tolerance or prediction
limit.
(b) A control chart approach
that gives control limits for each parameter.
(c) A parametric analysis of variance
("ANOVA") followed by multiple comparisons procedures to identify statistically
significant evidence of contamination. This shall include estimation and
testing of the contrasts between the mean for
each monitoring well's mean
well and
the background mean levels for each parameter.
(d) An analysis of variance (ANOVA) based on
ranks followed by multiple comparisons procedures to identify statistically
significant evidence of contamination. This shall include estimation and
testing of the contrasts between each monitoring well's median and the
background medial levels for each parameter.
(e) Another statistical test method submitted
by the owner or operator and approved by the
director or his authorized representative
Ohio
EPA .
(6) Any
statistical method chosen in accordance with paragraph (C)(5) of this rule
shall comply with the following performance standards as appropriate:
(a) The statistical method used to evaluate
ground water monitoring data shall be appropriate for the distribution of
chemical parameters or waste-derived constituents. If the distribution of the
chemical parameters or waste-derived constituents is shown by the owner or
operator to be inappropriate for a normal theory test, then the data should be
transformed or a distribution free theory test should be used. If the
distributions for the constituents differ, more than one statistical method may
be needed.
(b) If an individual
well comparison procedure is used to compare an individual monitoring well
constituent concentration with background constituent concentrations or a
ground water concentration level, the test shall be conducted at a type I error
level not less than 0.01 for each testing period. If multiple comparisons
procedures are used, the type I experimentwise error rate for each testing
period shall be not less than 0.05; however, the type I error rate of not less
than 0.01 for individual monitoring well comparisons shall be maintained. This
performance standard does not apply for tolerance intervals, prediction
intervals, or control charts.
(c)
If a control chart approach is used to evaluate ground water monitoring data,
the specific type of control chart and its associated parameter values shall be
protective of human health and safety and the environment. The parameter values
shall be determined after considering the number of samples in the background
database, the data distribution, and the range of the concentration values for
each parameter.
(d) If a tolerance
interval or a prediction interval is used to evaluate ground water monitoring
data, then the levels of confidence and the percentage of the population
contained in any tolerance or prediction interval shall be protective of human
health and safety and the environment. These statistical parameters shall be
determined after considering the number of samples in the background data base,
the data distribution, and the range of the concentration values for each
constituent of concern.
(e) The
statistical method shall account for data below the limit of detection with one
or more statistical procedures that ensure protection of human health and
safety and the environment. Any practical quantitation limit (PQL) used in the
statistical method shall be the lowest concentration level that can be reliably
achieved within the specified limits of precision and accuracy during routine
laboratory operating conditions that are available to the facility.
(f) If necessary, the statistical method
shall include procedures to control or correct for seasonal and spatial
variability as well as temporal correlation in the data.
(g) Background data can be added only in
blocks of data resulting from the analysis of four or more statistically
independent samples after the data have been statistically compared to the
current background data and no statistical differences are detected, unless
another method is deemed acceptable to the
director
Ohio EPA .
(h) Prior to initially using an intra-well
statistical method for the detection monitoring program, the owner or operator
shall demonstrate the ground water is not impacted by a release from the
landfill facility within the relevant well(s)
well , unless
approved otherwise by Ohio EPA.
(7) The owner or operator shall determine
whether or not
if there is a statistically significant increase (or
change in the case of pH) from background values for each parameter or
constituent required by paragraph (D), (E), or (F) of this rule, as applicable.
The owner or operator shall make this statistical determination either
semi-annually, if paragraph (D) of this rule applies, or as specified in the
ground water quality assessment plan
program required by paragraph (E) of this rule if that
paragraph applies, or as specified by the
director in the corrective measure selected in accordance with
paragraph (F) of this rule if that paragraph applies. To determine whether a
statistically significant increase or decrease has occurred, the owner or
operator shall compare the ground water quality of each parameter or
constituent at each downgradient ground water monitoring well to the background
value of that parameter or constituent according to the statistical procedures
specified in paragraphs (C)(5) and (C)(6) of this rule.
(8) All ground water analysis results,
statistical analysis results, and groundwater
ground
water elevation data generated in accordance with paragraphs (C), (D), (E), and
To
(F) of this rule shall be submitted to Ohio EPA not later than seventy-five
days after sampling the well. All ground water data and accompanying text shall
be submitted on a form specified by the director.
(D) Detection monitoring.
(1) The owner or operator shall determine the
concentration or value of the applicable parameters from the applicable
list(s)
list
contained in appendix C to this rule for the owner or operator's
waste(s)
waste . The concentration or value shall be determined
in accordance with paragraphs (D)(3) to (D)(6) of this rule.
(2) The owner or operator of
an industrial waste landfill or a residual
or industrial waste landfill
facility may propose an
alternate
alternative list of parameters to meet the
requirements of paragraphs (D)(3) to (D)(6) of this rule. The list of
alternate
alternative parameters shall be submitted by the owner
or operator and approved
acknowledged by the
director
Ohio EPA prior to use. The
alternate
alternative parameter list shall be indicative of the
waste stream(s)
streams deposited at the landfill facility and shall
be protective of human health and safety and the environment.
In proposing
At a
minimum, the alternate
alternative parameter list,
the owner or operator shall, at a minimum,
shall specify the following:
(a) The parameters to be analyzed in the
ground water samples during the initial year of ground water monitoring in
accordance with paragraph (D)(3) of this rule.
(b) The parameters to be analyzed in the
ground water samples at least semiannually in accordance with paragraph (D)(4)
of this rule.
(c) The parameters to
be analyzed in the ground water samples at least annually after the initial
year in accordance with paragraph (D)(5) of this rule.
(d) The parameters specified in paragraph
(D)(2)(b) of this rule to have their analytical results statistically evaluated
in accordance with paragraph (D) (4) of this rule.
(e) The chemical composition of the
solid waste(s)
IMW which have been, and are to be, deposited at the
landfill facility.
(f) The chemical
composition of leachate, if available, from an existing landfill facility being
used to dispose of a similar waste(s)
waste .
(g)
Any other relevant information that the
director
Ohio EPA deems
necessary.
(3) During
the initial year of ground water monitoring, which shall commence prior to
waste placement for newly permitted landfill facilities, the initial background
concentrations or values shall be established for the background water quality
parameters specified either in appendix C to this rule for the owner or
operator's waste(s)
waste or in the alternate
alternative
parameter list approved in accordance with paragraph (D)(2) of this rule. The
sampling frequency shall be at least quarterly for the initial year of ground
water monitoring. The number and kinds of samples collected to establish
background water quality for those background water quality parameters
which
that are
also listed as indicator parameters for the owner or operator's
waste(s)
waste
in appendix C to this rule, shall be consistent with the appropriate
statistical procedures employed pursuant to paragraphs (C)(5) and (C)(6) of
this rule. The sample size shall be as large as necessary to ensure with
reasonable confidence that a contaminant release from the facility will be
detected. The sampling frequency shall assure, to the greatest extent
technically feasible, that an independent sample is obtained, by reference to
the monitored zone of saturation, effective porosity, hydraulic conductivity,
hydraulic gradient, and the fate and transport characteristics of the potential
contaminants.
(4) After the initial
year, all monitoring wells shall be sampled at least semi-annually and the
samples analyzed for the indicator parameters specified either in appendix C to
this rule for the owner or operator's waste(s)
waste or in
the alternate
alternative parameter list approved in accordance with
paragraph (D) (2) of this rule. The owner or operator shall statistically
analyze the results for these required indicator parameters in accordance with
paragraph (C)(7) of this rule. The number and kinds of samples collected shall
be consistent with the statistical method used to analyze the data and shall be
as often as necessary to ensure, with reasonable confidence, that a contaminant
release to the ground water from the facility will be detected.
(5) After the initial year, all monitoring
wells shall be sampled at least annually and the samples analyzed for the water
quality annual parameters specified either in appendix C to this rule for the
owner or operator's waste(s)
waste or in the alternate
alternative
parameter list approved in accordance with paragraph (D) (2) of this
rule.
(6) Ground water samples
shall be field analyzed for temperature, specific conductance, and pH whenever
a sample is withdrawn from a monitoring well.
(7) An alternative frequency for ground water
sampling and/or
or statistical analysis required by paragraph (D)(5)
of this rule may be proposed, in writing, by the owner or operator during the
active life (including final closure) of a landfill facility and the
post-closure care period. The director or his
authorized representative may approve a proposed alternative frequency provided
that the alternative sampling frequency and/or analysis frequency is
alternative frequency shall not
more
be less
than annually. Upon approval
acknowledgment by the
director or his authorized representative
Ohio
EPA , the owner or operator may use the alternative
sampling/analysis
sampling or analysis frequency.
The
At a minimum,
the owner or operator shall, at a
minimum, consider the following factors in proposing an alternative
sampling and/or
or analysis frequency:
(a) Lithology of the aquifer system and all
stratigraphic units above the uppermost aquifer system.
(b) Hydraulic conductivity of the uppermost
aquifer system and all stratigraphic units above the uppermost aquifer
system.
(c) Ground water flow rates
for the uppermost aquifer system and all zones of saturation above the
uppermost aquifer system.
(d)
Minimum distance between the upgradient edge of the limits of waste placement
of the landfill facility and the downgradient monitoring well system.
(e) Resource value of the uppermost aquifer
system.
(8) If
at any monitoring well, the owner or
operator determines, for two consecutive semi-annual statistical determination
periods, that at any monitoring well there has
been a statistically significant increase (or change in the case of pH) from
background values for one or more of the applicable indicator parameters
specified in appendix C to this rule according to the statistical method
specified by the owner or operator pursuant to paragraphs (C)(5), (C)(6), and
(D)(9) of this rule, the owner or operator shall notify Ohio
environmental protection agency
EPA not later than fifteen days after receiving the
second period's statistical or analytical results which indicate a
statistically significant change. The notification must
shall indicate
which parameters have shown a statistically significant change from background
levels.
(9) The owner or operator
may demonstrate that a source other than the landfill facility is the cause of
the contamination or that the statistically significant increase results from
error in the sampling, analysis, or statistical evaluation, or from natural
variation in ground water quality.
(a) When
resampling demonstrates the increase to be an error, the resampling results
shall be submitted to Ohio EPA in accordance with paragraph (C) (8) of this
rule. If the owner or operator demonstrates using a resampling method that the
statistically significant increase over background was a false positive, then
the owner or operator may return to detection monitoring. The owner or operator
shall comply with paragraphs (D)(8) to (D)(12) of this rule until this
demonstration is submitted.
(b)
When the owner or operator demonstrates that the statistically significant
increase to be an error in statistical procedure or from natural variation in
ground water quality, a report documenting this demonstration shall be
submitted as an addendum to the results and data required in paragraph (C)(8)
of this rule for approval by the director or his
authorized representative. The owner or operator shall comply with paragraphs
(D) (8) to (D)(12) of this rule until the demonstration report is
approved
to Ohio EPA .
Until notification by the director that the report does
not successfully demonstrate that the statistically significant increase over
background resulted from an error in statistical evaluation or from natural
variation in ground water quality, the owner or operator shall comply with
paragraphs (D)(1) to (D)(9) of this rule. Upon notification by the director
that the report does not successfully demonstrate that the statistically
significant increase over background resulted from an error in statistical
evaluation or from natural variation in ground water quality, the owner or
operator shall comply with the provisions of paragraphs (D)(8) and (D) (10) to
(D)(12) of this rule.
(10)
The owner or
operator shall, within
not later than
fifteen days of
after notifying Ohio EPA in accordance with paragraph
(D)(8) of this rule, the owner or operator shall
sample the leachate and/or
or the affected well(s)
well and
analyze for constituents as follows:
(a) For
facilities with leachate collection systems completely or partially underlying
the waste disposal area, the leachate collection system
shall be sampled and analyzed for those parameters listed in appendix B to this
rule. Not later than seventy-five days after sampling the leachate collection
system, the affected well shall be sampled and analyzed for the waste-derived
constituents detected in the sample from the leachate collection system, unless
otherwise authorized by Ohio EPA.
comply with
one of the following:
(i) For facilities not
characterizing their leachate, class I residual waste facilities, and
industrial solid waste facilities, the leachate collection system shall be
sampled and analyzed for those parameters listed in appendix B to rule
3745-27-10 of the Administrative Code and then within seventy-five days of
sampling the leachate collection system, the affected well(s) shall be sampled
and analyzed for the waste-derived constituents detected in the sample(s) from
the leachate collection system, unless otherwise approved by the director or
his authorized representative.
(ii) For class II, III, and IV
residual waste facilities with previously characterized leachate in accordance
with paragraph (F) of rule 3745-30-03 of the Administrative Code, rule
3745-30-04 of the Administrative Code, or rule 3745-30-14 of the Administrative
Code, the affected well(s) shall be sampled and analyzed for all waste-derived
constituents that have been detected and reported in the
leachate.
(b) For
facilities without leachate collection systems, the
affected well shall be sampled and analyzed for those parameters listed in
appendix C to this rule, unless otherwise authorized by Ohio EPA.
comply with one of the following:
(i) For facilities not
characterizing their leachate, class I residual waste facilities, and
industrial solid waste facilities, the affected well(s) shall be sampled and
analyzed for those parameters listed in appendix B to rule 3745-27-10 of the
Administrative Code, unless otherwise approved by the director or his
authorized representative.
(ii) For class II, III, and IV
residual waste facilities, the affected well(s) shall be sampled and analyzed
for those parameters listed in appendix B to this rule, unless otherwise
approved by the director or his authorized representative.
(11)
The owner or operator shall, within
not later than ninety days of
after sampling the
affected well(s)
well in accordance with paragraph (D)(10) of this
rule, the owner or operator shall sample all
background wells for all waste-derived constituents detected in the samples
from the affected well(s)
well .
(12)
The owner or operator shall, within
not later than ninety days of
after sampling the
background wells as required by paragraph (D)(11) of this rule,
the owner or operator shall sample all monitoring
wells not sampled in accordance with the provisions of paragraphs (D)(10) and
(D)(11) of this rule and those samples shall be analyzed for those
waste-derived constituents found to be above background levels in the affected
monitoring wells sampled in accordance with paragraph (D)(10) of this
rule.
(13) If the owner or operator
determines, based on the results of the sampling required by paragraph (D)(10),
(D)(11), or (D)(12) of this rule, that there has not been an increase above
background levels of waste-derived constituents at any monitoring well
downgradient of the facility, then the
owner or operator shall request that the director
approve reinstatement of the detection monitoring program described in
paragraphs (C) and (D)(1) to (D)(8) of this rule. Until the director or his
authorized representative approves reinstatement of the detection monitoring
program, the owner or operator shall continue to comply with paragraphs (D)(10)
to (D)(12) and (E) of this rule
submit a report
certified by a qualified ground water scientist documenting the demonstration
to Ohio EPA . The owner or operator may return to
detection monitoring until notification is received from the director stating
that the report failed to successfully demonstrate that there was not an
increase above background levels of waste-derived constituents at any
monitoring well downgradient of the facility.
(14)
The
Ohio EPA or the
director, as applicable, may consider the
following information submitted by the owner or operator when evaluating a
request made under paragraphs (D)(13), (E)(5), and (E)(7) of this rule:
(a) The type of constituents and
concentrations found in ground water monitoring wells at the facility;
.
(b) The ground water use and quality in the
vicinity of the facility; and
.
(c)
Potential threats to human health or safety and the environment.
(E) Assessment.
(1)
The owner or operator shall, within
not later than one hundred eighty days
of
after
conducting the sampling required under paragraph (D)(12) of this rule,
the owner or operator shall submit to Ohio EPA
and implement a specific plan for a ground water quality assessment program to
determine the concentration and the rate and extent of migration of
waste-derived constituents in the ground water at the landfill facility.
This
At a minimum,
the plan shall, at a minimum, include
the following :
(a) A summary of the hydrogeologic conditions
at the landfill facility; and
.
(b) A
description of the detection monitoring program implemented by the landfill
facility, including the following :
(i) The number, location, depth, and
construction of detection monitoring wells with documentation; and
.
(ii) A summary of detection monitoring ground
water analytical data; and
.
(iii) A
summary of statistical analyses applied to the data;
and
.
(c) A detailed description of the
investigatory approach to be followed during the assessment, including but not limited to
the following :
(i) The proposed number, location, depth,
installation method, and construction of assessment monitoring wells; and
.
(ii) The proposed method(s)
method for
gathering additional hydrogeologic information;
and
.
(iii) The planned use of supporting
methodology (i.e., soil gas or geophysical survey(s));
and
survey.
(d) A detailed description of the techniques,
procedures, and analytical equipment to be used for ground water sampling
during the assessment, including but not
limited to, the items listed in paragraphs
(C)(1)(a) to (C)(1)(g) of this rule.
(e) A detailed description of the data
evaluation procedures to be used, including
but not limited to the following :
(i) Planned use of statistical data
evaluation; and
.
(ii)
Planned use of computer models; and
.
(iii)
Planned use of previously gathered information;
and
.
(iv) Criteria which
that will be
utilized to determine if additional assessment activities are warranted; and
.
(f) A schedule of
implementation.
(2) The
owner or operator shall implement the ground water quality assessment
plan which
program
that satisfies the requirements of paragraph (E)(1) of this rule to
determine The
The concentrations and the rate and extent of
migration of the waste-derived constituents in the ground water. The owner or
operator shall make this determination within the time frame specified in the
submitted ground water quality assessment plan
program .
The owner or operator shall submit to Ohio EPA,
not
Not later than fifteen days after
making this determination, the owner or operator shall
submit a written report to Ohio EPA
containing an assessment of the ground water quality including all data
generated as part of implementation of the ground water quality assessment
plan
program .
(3) All monitoring wells not affected by the
ground water quality assessment program required by paragraph (E) of this rule
shall be monitored in accordance with paragraphs (C) and (D) of this
rule.
(4)
The
On a semiannual
basis, the owner or operator shall Analyze on
a semiannual basis
analyze the applicable
indicator parameters contained in appendix C to
this rule and those constituents determined to be released
and on
. On an
annual basis, the owner or operator shall analyze
all the parameters applicable for the facility contained in appendix C to this rule until relieved by
the director in accordance with paragraph (D)(9),
(E)(5), or (F)(16) of this rule.
(5) If the owner or operator determines,
based on the results of the determination made according to paragraph (E)(2) of
this rule, that no waste-derived constituents from the facility have entered
the ground water, then the owner or operator shall
request that the director approve reinstatement of
may reinstate the detection monitoring program
described in paragraphs (C) and (D) of this rule upon
submittal of a notification to the director . Until the director approves reinstatement of the detection
monitoring program, the owner or operator shall comply with paragraphs (E)(6)
and (F) of this rule.
The owner or operator
shall comply with the provisions of paragraph (E) of this rule until
notification is received from the director that the report failed to
successfully demonstrate that waste-derived constituents from the facility have
not entered the ground water.
(6) If the owner or operator determines,
based on the determination made according to paragraph (E)(2) of this rule,
that waste-derived constituents from the facility have entered the ground
water, then the owner or operator shall continue to make the determination
required in accordance with paragraph (E)(2) of this rule. The determination shall be made on a semiannual
basis, unless an alternative time interval is
established by Ohio EPA, until the owner or
operator is released from This
The obligation to implement
the ground water quality assessment program by the director or unless an alternate time interval is
established by the director
Ohio
EPA .
(7) If the owner or
operator determines, based on the determination made according to
in accordance
with paragraph (E)(2) of this rule, that waste-derived constituents from
the facility have entered the ground water, then the owner or operator may,
prior to meeting the requirements of paragraph (F) of this rule, request that
the director approve a compliance monitoring program at the facility. Any
request made under this paragraph shall include a description of the compliance
monitoring program including
that includes the following:
(a) The monitoring wells to be included in
the compliance monitoring program.
(b) The constituents for which ground water
samples will be analyzed and the proposed concentration level for each
constituent, which shall act as a ground water trigger level. The ground water
trigger levels shall be established using the criteria described in paragraph
(F)(5) of this rule.
(c) The
sampling, at least
frequency, which shall be at a minimum annually, of
all compliance monitoring wells and background wells for all waste-derived
constituents.
(d) The techniques,
procedures, and analytical equipment to be used for ground water sampling
including, but not limited to, the items listed in paragraphs (C)(1)(a) to
(C)(1)(g) of this rule.
(e) The
sampling of all compliance wells specified under paragraph (E)(7)(a) of this
rule at least
a
minimum semi-annually and the analysis of those samples for those
constituents specified under paragraph (E)(7)(b) of this rule. The frequency of
sampling shall be consistent with the statistical method used to analyze the
data and shall be determined based on the criteria listed in paragraph (D)(4)
of this rule.
(f) A description of
the statistical method to be used in evaluating the ground water analytical
data generated under paragraph (E)(7)(e) of this rule. The statistical method
shall be selected from those statistical methods contained in paragraph (C)(5)
of this rule and shall meet all criteria listed in paragraphs (C)(5) and (C)(6)
of this rule.
(g) Provisions for
determining, at least
a minimum semi-annually, if there has been a
statistically significant increase above the trigger levels for those
constituents specified under paragraph (E)(7)(b) of this rule. This
determination shall be consistent with the criteria stated in paragraph (C) (7)
of this rule.
(h) Provisions for
controlling the source(s)
source of releases in order to reduce or eliminate, to
the extent practicable, further releases of waste-derived constituents into the
environment.
(i) Provisions for
submitting a corrective measures plan in accordance with paragraph (F) of this
rule if a statistically significant increase above the trigger levels for those
constituents specified under paragraph (E)(7)(b) of this rule is detected and
confirmed.
(F) Corrective measures.
(1) Unless excused
a notification has
been received from the director in accordance with paragraph (E)(5) or
(E)(7) of this rule, the owner or operator shall submit a corrective measures
study to the director
Ohio EPA not later than one hundred eighty days after
making the determination in accordance with paragraph (E)(2) of this rule, or
not later than one hundred eighty days after submitting a request in accordance
with paragraph (E)(7) of this rule. This study shall evaluate all practicable
remediation procedures which are available for remediating any contamination
discovered during the ground water quality assessment.
The
At a minimum,
the evaluated remediation procedures shall, at
a minimum do the following:
(a) Be
protective of human health and safety and the environment.
(b) Attain the proposed ground water
concentration levels specified in accordance with paragraph (F) of this
rule.
(c) Control the
source(s)
source of releases to reduce or eliminate, to the
extent practicable, further releases of waste-derived constituents into the
environment.
(d) Comply with
standards for management of wastes as specified in paragraph (F)(13) of this
rule.
(2) The owner or
operator shall evaluate each proposed remediation procedure within the
corrective measures study. This
At a minimum, the evaluation shall, at a minimum, consider the following:
(a) Any potential remediation procedure,
which shall be assessed for the longterm and short-term effectiveness and the
protection it affords. This
The assessment of the
effectiveness shall include the degree of certainty that the remediation
procedure will prove successful. Factors to be considered include the
following:
(i) Magnitude of reduction of
existing risks.
(ii) Magnitude of
residual risks in terms of likelihood of further releases due to waste
remaining following implementation of a remediation procedure.
(iii) The type and degree of long-term
management required, including monitoring, operation, and
maintenance.
(iv) Short-term risks
that may affect the community, workers, or the environment during
implementation of such a remediation procedure, including potential threats to
human health and safety and the environment associated with excavation,
transportation, redisposal, or containment.
(v) Potential for human and environmental
receptor exposure to remaining wastes, considering the potential threat to
human health and safety and the environment associated with excavation,
transportation, redisposal, or containment.
(vi) Long-term reliability of the engineering
and institutional controls.
(vii)
Potential need for replacement of the remediation procedure.
(b) The effectiveness of the
remediation procedure in controlling the source in order to reduce further
releases, including the following:
(i) The
extent to which containment practices will reduce further releases.
(ii) The extent to which treatment
technologies may be used.
(c) The need to coordinate with, and obtain
necessary approvals and permits from, other agencies.
(d) The available capacity and location of
needed treatment, storage, and disposal services.
(e) The performance, reliability, ease of
implementation, and potential impacts of the potential remediation procedures,
including safety impacts, crossmedia impacts, and control of exposure to any
residual contamination.
(f) A
schedule for initiating and completing each remediation procedure discussed in
the study. In establishing this schedule, the owner or operator shall consider
the following:
(i) The extent and nature of
any contamination.
(ii) The
practical capability of remedial technologies to achieve compliance with ground
water concentration levels established in accordance with paragraph (F)(6) of
this rule and other objectives of the remediation procedure.
(iii) The availability of treatment or
disposal capacity for wastes managed during implementation of the remediation
procedure.
(iv) The desirability of
utilizing technologies that are not currently available, but
which
that may
offer significant advantages over currently available technologies in terms of
protection, reliability, safety, or the ability to achieve remedial
objectives.
(v) Potential risks to
human health and safety and the environment from contaminant exposure prior to
completion of the remediation procedure.
(vi) Practicable capability of the owner or
operator.
(vii) Other relevant
factors.
(g) Resource
value of the aquifer system, including the following:
(i) Current and future uses.
(ii) Proximity and withdrawal rate of
users.
(iii) Ground water quantity
and quality.
(iv) The potential
damage to wildlife, crops, vegetation, and physical structures resulting from
exposure to waste constituents.
(v)
The hydrogeologic characteristics of the facility and surrounding
area.
(vi) Ground water removal and
treatment costs.
(vii) The cost and
availability of alternate
alternative water supplies.
(3) Unless
excused
a
notification has been received from the director in accordance with
paragraph (E)(5) or (E)(7) of this rule, the owner or operator shall make
public notice of the existence of the assessment report and the corrective
measures study and place those documents in the public library closest to the
facility for public inspection not later than one hundred eighty days after
making a first determination in accordance with paragraph (E)(2) of this
rule.
(4) The director
or his authorized representative may
require the owner or operator to evaluate, as part of the corrective measures
study, one or more specific potential remediation procedure(s)
procedures .
(5) If, at any time during the assessment
described in paragraphs (E) and (F) of this rule, the director determines that
the facility threatens human health or safety or the environment, the director
may require the owner or operator to implement the following measures:
(a) Notify all persons, via certified mail or
any other form of mail accompanied by a receipt, who own the land or reside on
the land that directly overlies or lies adjacent to any part of the plume of
contamination.
(b) Take any interim
measures deemed necessary
by the director to ensure the protection of
human health and safety and the environment. Interim measures should, to the
extent practicable, be consistent with the objectives of and contribute to the
performance of any remediation procedure that may be required pursuant to
paragraphs (F)(1), (F)(2), and (F)(6) of this rule. The following factors
may
shall be
considered by the director in determining
whether interim measures are necessary:
(i)
The amount of time required to develop and implement a final remediation
procedure.
(ii) Actual or potential
exposure of nearby populations or environmental receptors to waste-derived
constituents.
(iii) Any further
degradation of the ground water that may occur if remedial action is not
initiated expeditiously.
(iv)
Weather conditions that may cause waste-derived constituents to migrate or be
released.
(v) Risks of fire,
explosion, or potential for exposure to waste-derived constituents as a result
of an accident or failure of a container or handling system.
(vi) Other situations that threaten human
health and safety and the environment.
(6) The corrective measures study shall
propose a concentration level for each waste-derived constituent
which
that has
been detected in the ground water at levels above background levels.
These
The
concentration levels shall be established as follows:
(a)
The proposed
concentration levels in the ground water shall
To be protective of human health and safety and the
environment.
(b) Unless an
alternate
alternative level is deemed necessary to protect
environmental receptors, then
to conform to the following apply:
(i) For
known or suspected carcinogens, the proposed concentration levels shall be
established at concentration levels below those that represent a cumulative
excess upper-bound lifetime risk to an individual within the 1 x 104
to 1 x 10-6
range.
(ii) For noncarcinogens, the
proposed concentration levels shall be reduced to levels to which the human
population (including sensitive subgroups) could be exposed on a daily basis
without appreciable risk of deleterious effects during a lifetime.
(c) In establishing the proposed
concentration levels that meet the requirements of paragraph (F)(6)(b) of this
rule, the owner or operator shall consider the following:
(i) Multiple contaminants in the ground
water.
(ii) Exposure threat to
sensitive environmental receptors.
(iii) Other site-specific exposure or
potential exposure to ground water.
(iv) The reliability, effectiveness,
practicability, and other relevant factors of the remediation
procedure.
(d) For
ground water that is a current or potential source of drinking water, the owner
or operator shall evaluate and justify any concentration level that is higher
than a federal safe drinking water act maximum contaminant level or a secondary
drinking water standard.
(e) The
proposed concentration levels shall not be set below background levels unless
the director determines the following:
(i)
Cleanup to levels below background levels is necessary to protect human health
and safety and the environment.
(ii) Such cleanup is in connection with an
area-wide remedial action under other authorities.
(7) The director shall select from
the corrective measures report, or designate according to paragraph (F)(4) of
this rule, the remediation procedure which best meets the criteria listed in
paragraphs (F)(1), (F)(2) and (F)(6) of this rule. The owner or operator shall
implement the remediation procedure designated
selected by
the director in accordance with the schedule of implementation selected by the
director.
(8) In implementing the
remediation procedure approved
selected by the director in accordance with paragraph
(F)(7) of this rule, the owner or operator shall achieve the designated
concentration levels, as determined by paragraph (F)(6) of this rule, at all
points within the plume of contamination that lie beyond the limits or solid
waste placement.
(9) Upon
completion of the remediation procedure, when the ground water quality meets
the designated concentration levels as specified in paragraphs (F)(6) and
(F)(8) of this rule, the owner or operator shall demonstrate on a semiannual
basis for a period of five years or until the landfill facility's post-closure
care period ends, whichever is longer, that the designated concentration levels
have not been exceeded as provided in paragraph (F)(8) of this rule before
being released from compliance with the ground water monitoring
requirements.
(10) If the
concentrations of the constituents monitored in accordance with paragraph
(F)(9) of this rule exceed the concentration levels determined in accordance
with paragraph (F)(6) of this rule, the owner or operator shall reimplement the
designated remediation procedure or submit new remediation procedures in
accordance with the criteria in paragraphs (F)(1) and (F)(2) of this
rule.
(11) The director may
determine, based on information developed by the owner or operator after
implementation of the remediation procedure has begun, or from other
information, that compliance with the requirements(s)
requirements for the remediation procedure selected
under paragraphs (F)(1) and (F)(2) of this rule is not technically practicable.
In making such a determination, the director shall consider the following:
(a) The owner or operator's efforts to
achieve compliance with the requirement(s)
requirements .
(b) Whether other currently available or new
methods or techniques could practicably achieve compliance with the
requirements.
(12) If
the director determines that compliance with a remediation procedure
requirement is not technically practicable, then the director may require that
the owner or operator do the following:
(a)
Implement alternate
alternative measures to control human or environmental
receptor exposure to residual contamination, as necessary, to protect human
health and safety and the environment.
(b) Implement alternate
alternative
measures for control of the sources of contamination, or for removal or
decontamination of equipment, units, devices, or structures required to
implement the remediation procedure(s)
procedure , that are both
of
achieve the following:
(i)
Technically
Is
technically practicable.
(ii)
Consistent
Is
consistent with the overall objective of the remediation
procedure.
(13) All solid
wastes
IMW that are managed pursuant to a
remediation procedure required under paragraph (F)(8) of this rule, or an
interim measure required under paragraph (F)(5) of this rule, shall be managed
in the following manner:
(a) That is
protective of human health and safety and the environment.
(b) That complies with applicable laws and
regulations.
(14)
Remediation procedures selected pursuant to paragraphs (F)(1) and (F)(2) of
this rule shall be considered complete when compliance with the
groundwater
ground
water concentration levels established under paragraph (F)(6) of this
rule have been achieved, and all actions required to complete the remediation
procedure have been satisfied.
(15)
Upon completion of the remediation procedure, the owner or operator shall
submit to the director certification that
the remediation procedure has been completed to Ohio
EPA . The certification must
shall be signed by the owner or operator and by an
independent professional
professional(s) skilled in the appropriate
technical discipline
discipline(s).
(16) When, upon receipt of the certification
and in consideration of any other relevant information, the director determines
that the remediation procedure has been completed in accordance with paragraph
(F)(14) of this rule, the director shall release the owner or operator from
continuing performance of the approved remediation procedure. This approval
shall not exempt the owner or operator from meeting the requirements of
paragraphs (F)(9) and (F)(10) of this rule.
(17) The owner or operator shall submit, upon
implementation of the remediation procedure chosen under paragraph (F)(7) of
this rule, a report of the activities being conducted at the facility as part
of implementation of the chosen remediation procedure. This report shall be
submitted semiannually and contain the following:
(a) A narrative description of all remedial
activities that have occurred since the previous report.
(b) All data generated as part of the
remedial activities at the facility.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule Amplifies: 3734.02, 3734.12
Prior Effective Dates: 01/13/1992, 08/15/2003, 05/18/2015
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