Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 6 - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Section R. 299.9612 - Groundwater monitoring

Current through Vol. 24-12, July 15, 2024
Rule 612.
(1)
				  Owners or operators of facilities that treat, store, or dispose of hazardous
				  waste shall comply with the requirements of
				  R
				  299.9629 and 40 CFR part 264, subpart F, excluding
				  264.94(a)(2) and (3), 264.94(b) and (c), 264.100, and 264.101 and except as
				  follows:
(a) The director may, in the facility
				  operating license, extend the point of compliance into groundwaters other than
				  the uppermost aquifer.
(b) In
				  addition to wells required by 40 CFR part 264, subpart F, the owner or operator
				  shall install wells at appropriate locations and depths to yield groundwater
				  from any saturated zone other than the uppermost aquifer if the sampling will
				  provide an earlier warning of failure from a hazardous waste management unit.
				  All wells installed to monitor or evaluate groundwater must be constructed and
				  abandoned in accordance with the well installation and well decommissioning
				  procedures in ASTM standards D5092-04 and D5299-14, or a plan approved by the
				  director.
(c) The director may
				  require sampling and analysis for secondary monitoring parameters at
				  frequencies specified in the facility operating license. If the owner or
				  operator determines that there is a statistically significant increase in 1 or
				  more secondary monitoring parameters, then he or she shall do all of the
				  following:
(i) Notify the director or his or
				  her designee of the finding immediately.
(ii) Conduct verification sampling for both
				  primary and secondary monitoring parameters, taking replicate measurements on
				  each sample at each well in accordance with a plan approved by the
				  director.
(iii) Redetermine if a
				  statistically significant increase has occurred in either primary or secondary
				  monitoring parameters and immediately notify the director or his or her
				  designee of the results.
(d) The concentration limit of a hazardous
				  constituent established under
				  40 CFR
				  264.94(a) must not exceed
				  the background level of that constituent in groundwater, unless a concentration
				  limit which is not less stringent than that allowed under RCRA has been
				  established under part 31 or 201 of the act, MCL 324.3101 to 324.3134 and
				  324.20101 to 20142.
(e) To
				  determine whether background values or concentration limits have been exceeded
				  pursuant to
				  40 CFR
				  264.97(h), the owner or
				  operator shall use a statistical test approved by the director in the facility
				  operating license and shall determine if the difference between the mean of the
				  constituent at each well, using all replicates taken, and either of the
				  following is significant:
(i) The background
				  value of the constituent as defined in the operating license.
(ii) The mean value of 1 year's initial
				  sampling for the well itself where the 1-year period is specified by the
				  director in the facility operating license.
(f) The director may require compliance
				  monitoring and corrective action under
				  40 CFR
				  264.99,
				  R
				  299.9629, part 31 of the act, MCL 324.3101 to
				  324.3134, and part 201 of the act, MCL 324.20101 to 324.20142, to be conducted
				  under a consent agreement or other legally binding agreement rather than under
				  an operating license.
(g) Nothing
				  in 40 CFR part 264, subpart F, or this rule must restrict the director from
				  taking action pursuant to section 11148 or 11151 of the act, MCL 324.11148 and
				  324.11151.
(h) The owner or
				  operator has been granted a waiver by the director under
				  R
				  299.9611(3).