Section Env-Hw 702.10 - Groundwater Monitoring(a) An operator of a facility with a surface impoundment, landfill, or land treatment operation shall install and operate a groundwater monitoring/release detection system capable of detecting the potential migration in groundwater of hazardous waste or waste constituents outside the boundaries of the facility, as specified below: (1) Facilities that were in existence on July 1, 1980, shall implement a groundwater monitoring/ release detection program in accordance with 40 CFR 265 Subpart F;(2) Facilities that become subject to this chapter due to statutory or regulatory amendments shall implement a groundwater monitoring/release detection program in accordance with 40 CFR 265 Subpart F within one year of the effective date of the statutory or regulatory amendments; and(3) New facilities shall implement a groundwater monitoring/release detection program in accordance with 40 CFR 264 Subpart F.(b) Groundwater monitoring/release detection shall comply with RSA 485-C:13, Env-Or 700, and either 40 CFR 264 Subpart F or 40 CFR 265 Subpart F, as specified in (a), above, provided that in the case of a conflict, the more protective requirement shall apply.(c) Unless a release detection permit is required pursuant to RSA 485-C:13, the department shall waive any of the requirements of (b), above, if: (1) The operator requests such a waiver in writing as specified in Env-Hw 202; and(2) The operator provides documentation that the criteria for granting a waiver as specified in Env-Hw 202 are satisfied.N.H. Admin. Code § Env-Hw 702.10
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12349, Effective 8/14/2017, Expires 8/14/2027.