N.J. Admin. Code § 7:14A-10.12

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:14A-10.12 - Leak detection monitoring program

(a) An owner or operator required to establish a leak detection monitoring program under this subchapter shall monitor for indicator parameters (for example, specific conductance, total organic carbon, or total organic halogen), or waste constituents or reaction products that provide a reliable indication of the presence of hazardous constituents in ground water. The Department shall specify the parameters or constituents to be monitored in the NJPDES-DGW permit, based on the following factors:

1. The types, quantities, and concentrations of constituents in wastes managed at the hazardous waste facility unit;

2. The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the hazardous waste facility unit;

3. The detectability of indicator parameters, waste constituents, and reaction products in ground water; and

4. The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the ground water background.

(b) The owner or operator shall install a ground water monitoring system at the relevant point of compliance specified under 7:14A-10.9. The ground water monitoring system shall comply with 7:14A-10.11(a), (b) and (c).

(c) The owner or operator shall conduct a ground water monitoring system for each chemical parameter and hazardous constituent specified in the permit pursuant to (a) above in accordance with 7:14A-10.11(g). The owner or operator shall maintain a complete and continuous record of ground water analytical data as measured and in a form necessary for the determination of statistical significance under 7:14A-10.11(h).

(d) The Department shall specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified pursuant to (a) above in accordance with 7:14A-10.11(g). A sequence of at least four samples from each well (background and compliance wells) shall be collected at least semiannually during leak detection monitoring.

(e) The owner or operator shall determine the ground water flow rate and direction in the uppermost aquifer at least annually.

(f) The owner or operator shall determine whether there is statistically significant evidence of contamination for any chemical parameter or hazardous constituent specified pursuant to (a) above at a frequency specified pursuant to (d) above.

1. In determining whether statistically significant evidence of contamination exists, the owner or operator shall use the method(s) specified under 7:14A-10.11(h). These method(s) shall compare data collected at the compliance point(s) to the background ground water quality data.

2. The owner or operator shall determine whether there is statistically significant evidence of contamination at each monitoring well at the relevant point of compliance within a reasonable period of time after completion of sampling. The Department shall specify in the NJPDES-DGW permit what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground water samples.

(g) If the owner or operator determines pursuant to (f) above that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to (a) above at any monitoring well at the relevant point of compliance, the owner or operator shall:

1. Notify the Department of this finding in writing within seven days. The notification shall indicate what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination;

2. Immediately sample the ground water in all monitoring wells and determine whether constituents in the list of 40 C.F.R. Part 264 Appendix IX are present, and if so, in what concentration;

3. For any 40 C.F.R. Part 264 Appendix IX compounds found in the analysis pursuant to (g)2 above, the owner or operator may resample within one month and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results, then these constituents shall form the basis for compliance monitoring. If the owner or operator does not resample for the compounds found pursuant to (g)2 above, the hazardous constituents found during this initial 40 C.F.R. Part 264 Appendix IX analysis shall form the basis for compliance monitoring;

4. Within 90 days after statistically significant evidence for contamination is identified, submit to the Department an application for a permit modification to establish a compliance monitoring program meeting the requirements of 7:14A-10.13. The application shall include the following information:

i. Identification of the concentration or any 40 C.F.R. Part 264 Appendix IX constituent detected in the ground water at each monitoring well at the compliance point;

ii. Any proposed changes to the ground water monitoring system at the facility necessary to meet the requirements of N.J.A.C. 7:14A-10.13;

iii. Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used at the facility necessary to meet the requirements of N.J.A.C. 7:14A-10.13; and

iv. For each hazardous constituent detected at the relevant compliance point, a proposed concentration limit under 7:14A-10.8(a) 1 or 2, or a notice of intent to seek an alternate concentration limit under 7:14A-10.8(b);

5. Within 180 days after statistically significant evidence for contamination is identified, submit to the Department:

i. All data necessary to justify an alternate concentration limit sought under N.J.A.C. 7:14A-10.8(b); and

ii. Engineering feasibility plan for a corrective action program necessary to meet the requirement of 7:14A-10.14, unless:

(1) All hazardous constituents identified under (g)2 above are listed in 7:14A-10.8(a)2 i and their concentrations do not exceed the ground water quality criteria of N.J.A.C. 7:9C, or the 40 C.F.R. 264.94 Table 1 concentration, whichever is more stringent; or

(2) The owner or operator has sought an alternate concentration limit under 7:14A-10.8(b) for every hazardous constituent identified under (g)2 above; and

6. If the owner or operator determines, pursuant to (f) above, that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to (a) above at any monitoring well at the compliance point, the owner or operator may demonstrate that a source other than the owner/operator's hazardous waste facility 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. The owner operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting a permit modification application under (g)4 above; however, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in (g)4 above unless the demonstration made under this paragraph successfully shows that a source other than a hazardous waste facility unit caused the increase, or that the increase resulted from error in sampling or analysis. In making a demonstration under this paragraph, the owner or operator shall:

i. Notify the Department in writing within seven days of determining statistically significant evidence of contamination at the relevant point of compliance that the owner or operator intends to make a demonstration under this paragraph;

ii. Within 90 days after determining statistically significant evidence of contamination, submit a report to the Department which demonstrates that a source other than a hazardous waste facility unit caused the contamination or that the contamination resulted from error in sampling or analysis;

iii. Within 90 days after receipt by the Department of the report required in ii above, submit to the Department an application for a permit modification to make any appropriate changes to the leak detection monitoring program facility; and

iv. Continue to monitor in accordance with the leak detection monitoring program established under this section.

(h) If the owner or operator determines that the leak detection monitoring program no longer satisfies the requirements of this section, the owner or operator shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the leak detection monitoring program.

N.J. Admin. Code § 7:14A-10.12