Section 11-265-93 - Preparation, evaluation, and response(a) The owner or operator must prepare an outline of a ground-water quality assessment program. The outline must describe a more comprehensive ground-water monitoring program (than that described in sections 11-265-91 and 11-265-92) capable of determining: (1) Whether hazardous waste or hazardous waste constituents have entered the ground water;(2) The rate and extent of migration of hazardous waste or hazardous waste constituents in the ground water; and(3) The concentrations of hazardous waste or hazardous waste constituents in the ground water.(b) For each indicator parameter specified in paragraph 11-265-92(b)(3), the owner or operator must calculate the arithmetic mean and variance, based on at least four replicate measurements on each sample, for each well monitored in accordance with paragraph 11-265-92(d)(2), and compare these results with its initial background arithmetic mean. The comparison must consider individually each of the wells in the monitoring system, and must use the Student's t-test at the 0.01 level of significance (see Appendix IV) to determine statistically significant increases (and decreases, in the case of pH) over initial background.(c)(1) If the comparisons for the upgradient wells made under subsection (b) show a significant increase (or pH decrease), the owner or operator must submit this information in accordance with subparagraph 11-265-94(a) (2) (ii).(2) If the comparisons for downgradient wells made under subsection (b) show a significant increase (or pH decrease), the owner or operator must then immediately obtain additional ground-water samples from those downgradient wells where a significant difference was detected, split the samples in two, and obtain analyses of all additional samples to determine whether the significant difference was a result of laboratory error.(d)(1) If the analyses performed under paragraph (c)(2) confirm the significant increase (or pH decrease), the owner or operator must provide written notice to the director -- within seven days of the date of such confirmation -- that the facility may be affecting ground-water quality.(2) Within fifteen days after the notification under paragraph (d)(1), the owner or operator must develop and submit to the director a specific plan, based on the outline required under subsection (a) and certified by a qualified geologist or geotechnical engineer, for a ground-water quality assessment program at the facility.(3) The plan to be submitted under paragraph 11-265-90(d)(1) or paragraph (d)(2) must specify: (i) The number, location, and depth of wells;(ii) Sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the facility;(iii) Evaluation procedures, including any use of previously-gathered ground-water quality information; and(iv) A schedule of implementation.(4) The owner or operator must implement the ground-water quality assessment plan which satisfies the requirements of paragraph (d)(3), and, at a minimum, determine: (i) The rate and extent of migration of the hazardous waste or hazardous waste constituents in the ground water; and(ii) The concentrations of the hazardous waste or hazardous waste constituents in the ground water.(5) The owner or operator must make his first determination under paragraph (d)(4) as soon as technically feasible, and, within fifteen days after that determination, submit to the director a written report containing an assessment of the ground-water quality.(6) If the owner or operator determines, based on the results of the first determination under paragraph (d) (4), that no hazardous waste or hazardous waste constituents from the facility have entered the ground water, then he may reinstate the indicator evaluation program described in section 11-265-92 and subsection (b). If the owner or operator reinstates the indicator evaluation program, he must so notify the director in the report submitted under paragraph (d)(5).(7) If the owner or operator determines, based on the first determination under paragraph (d)(4), that hazardous waste or hazardous waste constituents from the facility have entered the ground water, then he: (i) Must continue to make the determinations required under paragraph (d)(4) on a quarterly basis until final closure of the facility, if the ground-water quality assessment plan was implemented prior to final closure of the facility; or(ii) May cease to make the determinations required under paragraph (d)(4), if the ground-water quality assessment plan was implemented during the post-closure care period.(e) Notwithstanding any other provision of this subchapter, any ground-water quality assessment to satisfy the requirements of paragraph (d)(4) which is initiated prior to final closure of the facility must be completed and reported in accordance with paragraph (d)(5).(f) Unless the ground water is monitored to satisfy the requirements of paragraph (d)(4), at least annually the owner or operator must evaluate the data on ground-water surface elevations obtained under subsection 11-265-92(e) to determine whether the requirements under subsection 11-265-91(a) for locating the monitoring wells continues to be satisfied. If the evaluation shows that section 11-265-91(a) is no longer satisfied, the owner or operator must immediately modify the number, location, or depth of the monitoring wells to bring the ground-water monitoring system into compliance with this requirement.[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.93 )