Section Env-Wq 808.03 - Corrective Action Plan(a) If the concentration of any constituent required by the department to be monitored under the groundwater monitoring plan exceeds the background value, in accordance with (b), below, at any down-gradient monitoring well, the permit holder shall: (1) Notify the department within 10 days;(2) Commence monthly monitoring for each constituent for which background has been exceeded at each well where background has been exceeded; and(3) Continue monthly monitoring until the results demonstrate that background has not been exceeded for 2 consecutive months.(b) Background shall be deemed to be exceeded when any of the following conditions exist: (1) The concentration of a monitored constituent exceeds the background concentration, as established pursuant to Env-Wq 808.02(a)(6), by more than the analytical detection limit for that constituent;(2) The concentration of a monitored constituent previously undetected using the procedures established pursuant to Env-Wq 808.02(a)(6) exceeds the analytical detection limit by a factor of 1.5; or(3) For nitrate, the concentration exceeds 5 mg/L above the background nitrate concentration or 9 mg/L, whichever is less.(c) If the concentration of a constituent detected by the additional monitoring exceeds the background concentration for 2 consecutive months but is below the ambient groundwater quality standard, the permit holder shall:(1) Notify the department within 10 days;(2) For a reclamation site, cease operation immediately;(3) Continue monthly monitoring; and(4) Within 30 days, submit to the department for review and approval a corrective action plan that describes the exceedances, the source(s) of the exceedances, and the proposed measures to be taken to eliminate the exceedances.(d) The department shall approve the corrective action plan if it determines that implementation of the proposed plan is reasonably expected to:(1) Achieve compliance with background and ambient groundwater quality standards;(2) Eliminate any future discharges of the constituent(s) that was causing the exceedances of background values or ambient groundwater quality standards in the groundwater; and(3) Protect human health and the environment.(e) The permit holder shall initiate implementation of the approved corrective action plan within 30 days of department approval in accordance with an approved implementation schedule.(f) If the concentration of any monitored constituent detected in any down-gradient monitoring well exceeds the ambient groundwater quality standard, the permit holder shall:(1) Cease operation immediately;(2) Resample each monitoring well where ambient groundwater quality standards have been exceeded;(3) Notify the department within 10 days;(4) Commence monthly monitoring of all monitoring wells; and(5) Within 30 days, submit to the department for review and approval a corrective action plan that describes the exceedances, the source(s) of the exceedances, and the proposed measures to be taken to eliminate the exceedances for review as specified in (d), above.N.H. Code Admin. R. Env-Wq 808.03
(See Revision Note at chapter heading for Env-Wq 800) #8887, eff 5-23-07
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10998, Effective 1/1/2016, Expires 1/1/2026.