Ohio Admin. Code 3745-54-99 - Compliance monitoring program
An owner or operator required to establish a compliance
monitoring program under rules
3745-54-90
to 3745-54-101AdministrativeCode must, at a
minimum,
(A) The owner or
operator must
shall monitor the ground water to determine whether
regulated units are in compliance with the ground water protection standard
under rule
3745-54-92
of the Administrative Code. The permit will
shall specify the
ground water protection standard, including:
(1) A list of the hazardous constituents
identified under rule
3745-54-93
and the appendix to rule
3745-51-11
of the Administrative Code;
.
(2) Concentration limits under rule
3745-54-94
of the Administrative Code for each of those hazardous constituents;
.
(4) The
compliance period under rule
3745-54-96 of
the Administrative Code.
(B) The owner or operator
must
shall
install a ground water monitoring system at the compliance point as specified
under rule
3745-54-95 of
the Administrative Code. The ground water monitoring system
must
shall
comply with paragraphs (A)(2), (B), and (C) of rule
3745-54-97
of the Administrative Code.
(C) The
director will
shall specify the sampling procedures and statistical
methods appropriate for the constituents and the facility, consistent with
paragraphs (G) and (H) of rule
3745-54-97
of the Administrative Code.
(1) The owner or
operator must
shall conduct a sampling program for each chemical
parameter or hazardous constituent in accordance with paragraph (G) of rule
3745-54-97
of the Administrative Code.
(2) The
owner or operator must
shall record ground water analytical data as measured
and in form necessary for the determination of statistical significance under
paragraph (H) of rule
3745-54-97
of the Administrative Code for the compliance period of the facility.
(D) The owner or operator
must
shall
determine whether there is statistically significant evidence of increased
contamination for any chemical parameter or hazardous constituent specified in
the permit, pursuant to paragraph (A) of this rule, at a frequency specified
under paragraph (F) of this rule.
(1) In
determining whether statistically significant evidence of increased
contamination exists, the owner or operator must
shall use the
method(s)
methods specified in the permit under paragraph (H) of
rule
3745-54-97
of the Administrative Code. The method(s)
must
methods shall compare data collected
at the compliance point(s)
points to a concentration limit developed in
accordance with rule
3745-54-94
of the Administrative Code.
(2) The
owner or operator must
shall determine whether there is statistically
significant evidence of increased contamination at each monitoring well at the
compliance point within a reasonable time period after completion of sampling.
The director will
shall specify that time period in the facility permit,
after considering the complexity of the statistical test and the availability
of laboratory facilities to perform the analysis of ground water
samples.
(E) The owner
or operator must
shall determine the ground water flow rate and
direction in the uppermost aquifer at least annually.
(F) The director will
shall specify the
frequencies for collecting samples and conducting statistical tests to
determine statistically significant evidence of increased contamination in
accordance with paragraph (G) of rule
3745-54-97
of the Administrative Code.
(G)
Annually, the owner or operator must
shall determine whether additional hazardous
constituents from the appendix to rule
3745-54-98
of the Administrative Code, which could possibly be present but are not on the
detection monitoring list in the permit, are actually present in the uppermost
aquifer and, if so, at what concentration, pursuant to
procedures in paragraph (F) of rule
3745-54-98
of the Administrative Code. To accomplish this, the owner or operator
must
shall
consult with the director to determine on a case-by-case basis: which sample collection event during the year
will
shall
involve the sampling to determine if additional hazardous constituents are
present in the uppermost aquifer ("enhanced sampling");
, the number of
monitoring wells at the compliance point to undergo enhanced sampling;
, the number of
samples to be collected from each of these monitoring wells;
, and, the specific constituents from the appendix to
rule
3745-54-98
of the Administrative Code for which these samples must
shall be
analyzed. If the enhanced sampling event indicates that constituents from the
appendix to rule
3745-54-98
of the Administrative Code are present in the ground water that are not already
identified in the permit as monitoring constituents, the owner or operator may
resample within one month or at an alternative site-specific schedule approved
by the director, and repeat the analysis. If the second analysis confirms the
presence of new constituents, the owner or operator must
shall report the
concentration of these additional constituents to the director within seven
days after the completion of the second analysis and add
them
these
additional constituents to the monitoring list. If the owner or operator
chooses not to resample, then he must
the owner or operator shall report the concentrations
of these additional constituents to the director within seven days after
completion of the initial analysis, and shall add
them
these
additional constituents to the monitoring list.
(H)
Pursuant ot
paragraph (D) of this rule, if the owner or operator determines
pursuant to paragraph (D) of this rule that
any concentration limits under rule
3745-54-94
of the Administrative Code are being exceeded at any monitoring well at the
point of compliance, he mustthe owner or operator shall
do all of the following :
(1) Notify the
director of this finding in writing within seven days. The notification
must
shall
indicate that concentration limits have been exceeded.
(2) Submit to the director an application for
a permit modification to establish a corrective action program
meeting the requirements of
that complies with rule
3745-54-100
of the Administrative Code within one hundred eighty days, or within ninety
days if an engineering feasibility study has been previously submitted to the
director under paragraph (G)(5) of rule
3745-54-98
of the Administrative Code. The application must
shall at a
minimum include the following information:
(a) A detailed description of corrective
actions that will
shall achieve compliance with the ground water
protection standard specified in the permit under paragraph (A) of this
rule; and
.
(b) A
plan for a ground water monitoring program that will
shall demonstrate
the effectiveness of the corrective action. Such a ground water monitoring
program may be based on a compliance monitoring program developed to
meet the requirements of
comply with this rule.
(I)
If
Pursuant to paragraph (D)
of this rule, if the owner or operator determines, pursuant to paragraph (D) of this rule, that the
ground water concentration limits under this rule are being exceeded at any
monitoring well at the point of compliance, he
the owner or
operator may demonstrate that a source other than a regulated unit caused
the contamination or that the detection is an artifact caused by an error in
sampling, analysis, or statistical evaluation or natural variation in the
ground water. In making a demonstration under paragraphs (I) to (I)(4) of this
rule, the owner or operator must
shall do all of the following :
(1) Notify the director in writing within
seven days that he
the owner or operator intends to make a demonstration
under paragraphs (I) to (I)(4) of this rule;
.
(2) Within ninety days, submit a report to
the director which demonstrates that a source other than a regulated unit
caused the standard to be exceeded or that the apparent noncompliance with the
standards resulted from error in sampling, analysis, or evaluation;
.
(3) Within ninety days, submit to the
director an application for a permit modification to make any appropriate
changes to the compliance monitoring program at the facility;
and
.
(4) Continue to monitor in accordance with
the compliance monitoring program established under this rule.
(J) If the owner or operator
determines that the compliance monitoring program no longer
satisfies the requirements of
complies with this rule, he
must
the owner or operator , within ninety
days, shall submit an application for a permit
modification to make any appropriate changes to the compliance monitoring program.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/30/1984, 12/30/1989, 06/29/1990, 02/11/1992, 10/20/1998, 03/13/2002, 12/07/2004, 09/05/2010, 03/17/2012
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.