(1)
Purpose. There are three types of compliance monitoring:
Protection, performance, and confirmation monitoring. The purposes of these
three types of compliance monitoring and evaluation of the data are to:
(a)
Protection monitoring.
Confirm that human health and the environment are adequately protected during
construction and the operation and maintenance period of an interim action or
cleanup action as described in the health and safety plan;
(b)
Performance monitoring.
Confirm that the interim action or cleanup action has attained cleanup
standards and, if appropriate, remediation levels or other performance
standards such as construction quality control measurements or monitoring
necessary to demonstrate compliance with a permit or, where a permit exemption
applies, the substantive requirements of other laws;
(c)
Confirmation monitoring.
Confirm the long-term effectiveness of the interim action or cleanup action
once cleanup standards and, if appropriate, remediation levels or other
performance standards have been attained.
(2)
General requirements.
Compliance monitoring shall be required for all cleanup actions, and may be
required for interim and emergency actions conducted under this chapter. Unless
otherwise directed by the department, a compliance monitoring plan shall be
prepared.
Plans prepared under this section and under an order or
decree shall be submitted to the department for review and approval. Protection
monitoring may be addressed in the health and safety plan. Performance and
confirmation monitoring may be addressed in separate plans or may be combined
with other plans or submittals, such as those in WAC
173-340-400 and
173-340-820.
(3)
Contents of a monitoring
plan. Compliance monitoring plans may include monitoring for chemical
constituents, biological testing, and physical parameters as appropriate for
the site. Where the cleanup action includes engineered controls or
institutional controls, the monitoring may need to include not only
measurements but also documentation of observations on the performance of these
controls. Long-term monitoring shall be required if on-site disposal,
isolation, or containment is the selected cleanup action for a site or a
portion of a site. Such measures shall be required until residual hazardous
substance concentrations no longer exceed site cleanup levels established under
Part 7 of this chapter. Compliance monitoring plans shall be specific for the
media being tested and shall contain the following elements:
(a) A sampling and analysis plan meeting the
requirements of WAC
173-340-820 which shall explain
in the statement of objectives how the purposes of subsection (1) of this
section are met;
(b) Data analysis
and evaluation procedures used, to demonstrate and confirm compliance and
justification for these procedures, including:
(i) A description of any statistical method
to be employed; or
(ii) If
sufficient data is not available before writing the plan to propose a reliable
statistical method to demonstrate and confirm compliance, a contingency plan
proposing one or more reliable statistical methods to demonstrate and confirm
compliance, and the conditions under which the methods would be used at the
facility; and
(c) Other
information as required by the department.
Notes
Wash. Admin.
Code §
173-340-410
Amended by
WSR
23-17-159, Filed 8/23/2023, effective
1/1/2024
Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order
97-09A), § 173-340-410, filed 2/12/01, effective 8/15/01; 90-08-086, §
173-340-410, filed 4/3/90, effective
5/4/90.