Section 2550.9 - Evaluation Monitoring Program(a) A discharger required pursuant to section 2550.1 of this article to establish an evaluation monitoring program for a waste management unit shall, at a minimum, comply with the requirements of this section for that unit. The evaluation monitoring program shall be used to assess the nature and extent of the release from the waste management unit and to design a corrective action program meeting the requirements of section 2550.10 of this article.(b) The discharger shall collect and analyze all data necessary to assess the nature and extent of the release from the waste management unit. This assessment shall include a determination of the spatial distribution and concentration of each constituent of concern throughout the zone affected by the release. The discharger shall complete and submit this assessment within 90 days of establishing an evaluation monitoring program.(c) Based on the data collected pursuant to subsections (b) and (e) of this section, the discharger shall update the engineering feasibility study for corrective action required pursuant to subsection 2550.8(k)(6) of this article. The discharger shall submit this engineering feasibility study to the regional board within 90 days of establishing an evaluation monitoring program.(d) Based on the data collected pursuant subsection (b) of this section and on the engineering feasibility study submitted pursuant to Subsection (c) of this section, the discharger shall submit an amended report of waste discharge to establish a corrective action program meeting the requirements of section 2550.10 of this article. The discharger shall submit this report to the regional board within 90 days of establishing an evaluation monitoring program. This report shall at a minimum include the following information:(1) a detailed assessment of the nature and extent of the release from the waste management unit;(2) a proposed water quality protection standard, including any proposed concentration limits greater than background under section 2550.4 of this article, and all data necessary to justify each such limit;(3) a detailed description of proposed corrective action measures that will be taken to achieve compliance with the water quality protection standard proposed for a corrective action program; and(4) a plan for a water quality monitoring program that will demonstrate the effectiveness of the proposed corrective action.(e) In conjunction with the assessment conducted pursuant to subsection (b) of this section, and while awaiting final approval of the amended report of waste discharge, submitted pursuant to subsection (d) of this section, the discharger shall monitor ground water, surface water, and the unsaturated zone to evaluate changes in water quality resulting from the release from the waste management unit. In conducting this monitoring, the discharger shall comply with the following requirements: (1) the discharger shall install water quality monitoring systems that are appropriate for evaluation monitoring and that comply with the provisions of section 2550.7 of this article. These water quality monitoring systems may include all or part of existing monitoring systems;(2) the discharger shall propose for approval by the regional board a list of monitoring parameters for each medium (ground water, surface water, and the unsaturated zone) to be monitored pursuant to section 2550.7 of this article. The list for each medium shall include all hazardous constituents that have been detected in that medium and those physical parameters, waste constituents, and reaction products that provide a reliable indication of changes in water quality resulting from any release from the waste management unit to that medium. The regional board shall specify each list of monitoring parameters in the waste discharge requirements after considering the following factors: (A) the types, quantities, and concentrations of constituents in wastes managed at the waste management unit;(B) information that demonstrates, to the satisfaction of the regional board, a sufficient correlation between the proposed monitoring parameters and the constituents of concern specified for the unit;(C) the mobility, stability, and persistence of waste constituents or their reaction products;(D) the detectability of physical parameters, waste constituents, and reaction products; and(E) the background values and the coefficients of variation of proposed monitoring parameters in ground water, surface water, and the unsaturated zone;(3) the discharger shall monitor for the monitoring parameters listed in the waste discharge requirements pursuant to subsection (e)(2) of this section. The regional board shall specify in the waste discharge requirements the frequencies for collecting samples and for conducting statistical analyses pursuant to subsection 2550.7(e)(12) of this article to evaluate changes in water quality due to the release from the waste management unit;(4) in addition to monitoring for the monitoring parameters specified pursuant to subsection (e)(2) of this section, the discharger shall periodically monitor for all constituents of concern specified in the waste discharge requirements and evaluate changes in water quality due to the release from the waste management unit. The regional board shall specify the frequencies for monitoring pursuant to this subsection after considering the degree of certainty associated with the demonstrated correlation between values for monitoring parameters and values for the constituents of concern;(5) the discharger shall conduct water quality monitoring for each monitoring parameter and each constituent of concern in accordance with subsection 2550.7(e)(12) of this article. The discharger shall maintain a record of water quality analytical data as measured and in a form necessary for the evaluation of changes in water quality due to a release from the waste management unit;(6) the discharger shall analyze samples from all monitoring points in the affected medium for all constituents contained in Appendix IX to Chapter 14 of Division 4.5 of Title 22, California Code of Regulations (Appendix IX) at least annually to determine whether additional hazardous constituents are present and, if so, at what concentration(s). If the discharger finds Appendix IX constituents in the ground water, surface water, or the unsaturated zone that are not already identified in the waste discharge requirements as constituents of concern, the discharger may resample within one month and repeat the analysis for those constituents. If the second analysis confirms the presence of new constituents, the discharger shall report the concentration of these additional constituents to the regional board by certified mail within seven days after the completion of the second analysis and the regional board shall add them to the list of constituents of concern specified in the waste discharge requirements unless the discharger demonstrates to the satisfaction of the regional board that the constituent is not reasonably expected to be in or derived from waste in the waste management unit. If the discharger does not resample, then the discharger shall report the concentrations of these additional constituents to the regional board by certified mail within seven days after completion of the initial analysis and the regional board shall add them to the list of constituents of concern specified in the waste discharge requirements unless the discharger demonstrates to the satisfaction of the regional board that the constituent is not reasonably expected to be in or derived from waste in the waste management unit; and(7) while awaiting final approval of an amended report of waste discharge to establish a corrective action program, the discharger shall evaluate all water quality data obtained pursuant to subsection (e) of this section with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the discharger shall: (A) notify the regional board by certified mail within 7 days of such determination; and(B) within 90 days of such determination, submit for approval by the regional board any appropriate changes to the amended report of waste discharge.(f) The discharger may demonstrate that a source other than the waste management unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis, or statistical evaluation, or by natural variation in ground water, surface water, or the unsaturated zone. Upon a successful demonstration the regional board shall specify that the discharger shall reinstitute a detection monitoring program meeting the requirements of section 2550.8 of this article. In making a demonstration under this subsection, the discharger shall: (1) notify the regional board by certified mail that the discharger intends to make a demonstration pursuant to this subsection;(2) submit a report to the regional board that demonstrates that a source other than the waste management unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis, or evaluation, or from natural variation in ground water, surface water, or the unsaturated zone;(3) submit to the regional board an amended report of waste discharge to reinstitute a detection monitoring program for the unit. This report shall propose all appropriate changes to the monitoring program; and(4) continue to monitor in accordance with the evaluation monitoring program established pursuant to this section.(g) The regional board shall require interim corrective action measures where necessary to protect human health or the environment.(h) If the discharger determines that the evaluation monitoring program does not satisfy the requirements of this section, the discharger shall, within 90 days, submit an amended report of waste discharge to make any appropriate changes to the program.(i) Any time the regional board determines that the evaluation monitoring program does not satisfy the requirements of this section, the regional board shall send written notification of such determination to the discharger by certified mail, return receipt requested. The discharger shall, within 90 days of such notification by the regional board, submit an amended report of waste discharge to make appropriate changes to the program.Cal. Code Regs. Tit. 23, § 2550.9
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (e)(6) filed 6-18-97; operative 7-18-97 (Register 97, No. 25). Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code.
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (e)(6) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).