La. Admin. Code tit. 33 § V-3319

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-3319 - Compliance Monitoring Program

An owner or operator required to establish a compliance monitoring program under this Chapter must, at a minimum, discharge the following responsibilities.

A. The owner or operator must monitor the groundwater to determine whether regulated units are in compliance with the groundwater protection standard under LAC 33:V.3305. The administrative authority will specify the groundwater protection standard in the facility permit, including:

1. a list of the hazardous constituents identified under LAC 33:V.3307;

2. concentration limits under LAC 33:V.3309 for each of those hazardous constituents;

3. the compliance point under LAC 33:V.3311; and

4. the compliance period under LAC 33:V.3313.

B. The owner or operator must install a groundwater monitoring system at the compliance point as specified under LAC 33:V.3311. The groundwater monitoring system must comply with LAC 33:V.3315.A.2, B, and C.

C. The administrative authority will specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with LAC 33:V.3315.G and H.

1. The owner or operator must conduct a sampling program for each chemical parameter or hazardous constituent in accordance with LAC 33:V.3315.G.

2. The owner or operator must record groundwater analytical data as measured and in the form necessary for the determination of statistical significance under LAC 33:V.3315.H for the compliance period of the facility.

D. The owner or operator must determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the permit, pursuant to LAC 33:V.3319.A at a frequency specified under LAC 33:V.3319.F.

1. In determining whether statistically significant evidence of increased contamination exists, the owner or operator must use the method(s) specified in the permit under LAC 33:V.3315.H. The method(s) must compare data collected at the compliance point(s) to a concentration limit developed in accordance with LAC 33:V.3309.

2. The owner or operator must determine whether there is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a reasonable period after completion of sampling. The administrative authority will specify that period in the facility permit, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of groundwater samples.

E. The owner or operator must determine the groundwater flow rate and direction in the uppermost aquifer at least annually.

F. The administrative authority will specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with LAC 33:V.3315.G.

G. Annually, the owner or operator must determine whether additional hazardous constituents listed in LAC 33:V.3325, Table 4 that could possibly be present, but are not on the detection monitoring list in the permit, are actually present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in LAC 33:V.3317.F. To accomplish this, the owner or operator must consult with the administrative authority to determine, on a case-by-case basis, which sample collection event during the year will involve enhanced sampling, the number of monitoring wells at the compliance point to undergo enhanced sampling, the number of samples to be collected from each of these monitoring wells, and the specific constituents from LAC 33:V.3325, Table 4 for which these samples must be analyzed. If the enhanced sampling event indicates that LAC 33:V.3325, Table 4 constituents that are not already identified in the permit as monitoring constituents are present in the groundwater, the owner or operator may resample within one month or at an alternative site-specific schedule approved by the administrative authority, and repeat the analysis. If the second analysis confirms the presence of new constituents, the owner or operator must report the concentrations of these additional constituents to the administrative authority within seven days after the completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then he or she must report the concentrations of these additional constituents to the administrative authority within seven days after completion of the initial analysis and add them to the monitoring list.

H. If the owner or operator determines, pursuant to LAC 33:V.3319.D, that any concentration limits under LAC 33:V.3309 are being exceeded at any monitoring well at the point of compliance, he or she must:

1. notify the Office of Environmental Services of this finding in writing within seven days. The notification must indicate what concentration limits have been exceeded; and

2. submit to the Office of Environmental Services an application for a permit modification to establish a corrective action program meeting the requirements of LAC 33:V.3321 within 180 days, or within 90 days if an engineering feasibility study has been previously submitted to the administrative authority under LAC 33:V.3317.G.5. The application must at a minimum include the following information:

a. a detailed description of corrective actions that will achieve compliance with the groundwater protection standard specified in the permit under LAC 33:V.3319.A; and

b. a plan for a groundwater monitoring program that will demonstrate the effectiveness of the corrective action. Such a groundwater monitoring program may be based on a compliance monitoring program developed to meet the requirements of this Section.

I. If the owner or operator determines, pursuant to LAC 33:V.3319.D, that the groundwater concentration limits under this Section are being exceeded at any monitoring well at the point of compliance, he or she may demonstrate that a source other than a regulated 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 groundwater. In making a demonstration under this Subsection, the owner or operator must:

1. notify the Office of Environmental Services in writing within seven days that he intends to make a demonstration under this Paragraph;

2. within 90 days, submit a report to the Office of Environmental Services that demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling, analysis or evaluation;

3. within 90 days, submit to the Office of Environmental Services an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility; and

4. continue to monitor in accord with the compliance monitoring program established under this Chapter.

J. If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this Section, he must, within 90 days, submit to the Office of Environmental Services an application for a permit modification to make any appropriate changes to the program.

La. Admin. Code tit. 33, § V-3319

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended LR 16:399 (May 1990), LR 16:614 (July 1990), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2485 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2464 (October 2005), LR 33:2115 (October 2007), LR 34:630 (April 2008), LR 34:1000 (June 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.