Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.05 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 26.13.05.06-5 - Compliance Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Compliance Monitoring Program. An owner or operator required to establish a
				  compliance monitoring program under this regulation shall, at a minimum,
				  discharge the following responsibilities:
(1)
				  Monitor the ground water to determine whether regulated units are in compliance
				  with the ground water protection standard under Regulation .06-1A of this
				  chapter;
(2) Comply with the ground
				  water protection standard specified by the Secretary in the facility permit,
				  including the:
(a) List of the hazardous
				  constituents identified in accordance with Regulation .06-1B of this
				  chapter;
(b) Concentration limits
				  specified in accordance with Regulation .06-1C of this chapter for each of the
				  hazardous constituents in §A(2)(a) of this regulation;
(c) Compliance point specified in accordance
				  with Regulation .06-1D of this chapter; and
(d) Compliance period specified in accordance
				  with Regulation .06-1E of this chapter;
(3) Install a ground water monitoring system
				  at the compliance point as specified under Regulation .06-1D of this chapter
				  that complies with the requirements of Regulation .06-2B-D and F of this
				  chapter;
(4) Use sampling
				  procedures and statistical methods appropriate for the constituents and the
				  facility, in accordance with Regulations .06-2J and K and .06-3A and B of this
				  chapter, as follows:
(a) Implement a sampling
				  program as specified by the Secretary in the facility CHS permit;
(b) Conduct a sampling program for each
				  chemical parameter or hazardous constituent in accordance with Regulation
				  .06-2J and K of this chapter; and
(c) Record ground water analytical data as
				  measured and in a form necessary for the determination of statistical
				  significance under Regulation .06-3A and B of this chapter for the compliance
				  period of the facility;
(5) Make a determination as to whether there
				  is evidence of increased contamination in accordance with the following:
(a) Determine whether there is statistically
				  significant evidence of increased contamination for any chemical parameter or
				  hazardous constituent specified in the CHS facility permit under §A(1) and (2)
				  of this regulation at a frequency specified under §A(7) and (8) of this
				  regulation;
(b) Use the methods
				  specified in the CHS facility permit under Regulation .06-3A and B of this
				  chapter to make the determination under §A(5)(a) of this regulation;
(c) Ensure that the methods under §A(5)(b) of
				  this regulation compare data collected at the compliance point or points to a
				  concentration limit developed under Regulation .06-1C of this
				  chapter;
(d) Make the determination
				  of whether there is statistically significant evidence of increased
				  contamination at each monitoring well at the compliance point within a
				  reasonable time period after the completion of sampling, as specified by the
				  Secretary in the facility's CHS permit after consideration of the following:
(i) The complexity of the statistical test;
				  and
(ii) The availability of the
				  laboratory facilities to perform the analysis of ground water
				  samples;
(6)
				  Determine the ground water flow rate and direction in the uppermost aquifer at
				  least annually;
(7) Ensure that the
				  frequencies for collecting samples and conducting statistical tests to
				  determine statistically significant evidence of increased contamination in
				  accordance with Regulation .06-2J and K of this chapter are in accordance with
				  the requirements specified by the Secretary in the facility's CHS
				  permit;
(8) Collect a sequence of
				  at least four samples from each well, including background and compliance
				  wells, at least semiannually during the compliance period of the
				  facility;
(9) Analyze samples from
				  all monitoring wells at the compliance point for all constituents listed in 40
				  CFR 264, Appendix IX, at least annually to determine whether additional
				  hazardous constituents are present in the uppermost aquifer and, if so, at what
				  concentration, in accordance with procedures under Regulation .06-4G of this
				  chapter;
(10) If constituents
				  listed in 40 CFR 264, Appendix IX, are found in the ground water under §A(9) of
				  this regulation, and some of these constituents have not already been
				  identified in the facility's CHS permit as monitoring constituents, the owner
				  or operator shall either:
(a) Report the
				  concentrations of the newly identified constituents to the Secretary within 7
				  days after the initial analysis and add them to the facility's monitoring list;
				  or
(b) Resample within 1 month and
				  repeat the analysis for constituents listed in 40 CFR 264, Appendix IX, and
				  comply with the following requirements:
(i)
				  Report the results of the analysis to the Secretary within 7 days of the
				  completion of the second analysis; and
(ii) If the results of the resampling confirm
				  the initial testing results, add the constituents to the list of constituents
				  monitored under the facility's permit;
(11) Comply with the following requirements
				  if the owner or operator determines, under §A(5) of this regulation, that any
				  concentration limit under Regulation .06-1C of this chapter is being exceeded
				  at any monitoring well at the point of compliance:
(a) Notify the Secretary of this finding in
				  writing within 7 days, indicating in the notification the concentration limits
				  that have been exceeded;
(b) Submit
				  to the Secretary an application for a permit modification to establish a
				  corrective action program meeting the requirements of Regulation .06-6 of this
				  chapter within 180 days, or within 90 days if an engineering feasibility study
				  has been previously submitted to the Secretary under Regulation .06-4H(5) of
				  this chapter, unless the facility permit already includes that corrective
				  action program;
(c) Include at a
				  minimum, in the application submitted in accordance with §A(11)(b) of this
				  regulation, the following information:
(i) A
				  detailed description of corrective actions that will achieve compliance with
				  the ground water protection standard specified in the permit under §A(1) and
				  (2) of this regulation; and
(ii) A
				  plan for a ground water monitoring program that will demonstrate the
				  effectiveness of the corrective action, and that may be based on a compliance
				  monitoring program developed to meet the requirements of this
				  regulation.