N.J. Admin. Code § 7:14A-9.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-9.8 - Assessment monitoring program

(a) Assessment monitoring is required whenever a statistically significant increase over background has been detected for one or more of the constituents listed in Appendix A to this subchapter or in the alternative list established in accordance with 7:14A-9.7(a)2.

(b) Within 90 days of initiating an assessment monitoring program, and annually thereafter, the owner or operator shall sample and analyze the ground water for all constituents identified in 40 C.F.R. 258 Appendix II. A minimum of one sample from each downgradient well shall be collected and analyzed during each sampling event. For any constituent detected in the downgradient wells as a result of the complete 40 C.F.R. 258 Appendix II analysis a minimum of four independent samples from each well (background and downgradient) shall be collected and analyzed to establish background for the constituents. The Department will specify an appropriate subset of wells to be sampled and analyzed for 40 C.F.R. 258 Appendix II constituents during assessment monitoring. The Department will remove any of the 40 C.F.R. 258 Appendix II monitoring parameters for a sanitary landfill if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit.

(c) The Department will specify an appropriate alternate frequency for repeated sampling and analysis for the full set of 40 C.F.R. 258 Appendix II constituents required to be monitored pursuant to (b) above, during the active life (including closure) and post closure care of the unit based on the following factors:

1. The lithology of the aquifer and unsaturated zone;

2. The hydraulic conductivity of the aquifer and unsaturated zone;

3. The ground water flow rate;

4. The minimum distance between upgradient edge of the sanitary landfill and downgradient monitoring well screen (minimum distance of travel);

5. The resource value of the aquifer; and

6. The nature (fate and transport) of any constituents detected.

(d) After obtaining the results from the initial or subsequent sampling required pursuant to (b) above, the owner or operator shall:

1. Within 14 days, place a notice in the records maintained by the facility identifying the 40 C.F.R. 258 Appendix II constituents that have been detected and notify the Department that this notice has been placed in the records maintained by the facility;

2. Within 90 days, and on at least a semiannual basis thereafter, resample all wells installed as part of the ground water monitoring system established pursuant to 7:14A-9.3(a) and conduct analyses for all constituents in Appendix A to this subchapter or in the alternative list established pursuant to 7:14A-9.7(a)2, and for those constituents in 40 C.F.R. 258 Appendix II that are detected in response to (b) above and record their concentrations in the records maintained by the facility. At least one sample from each well (background and downgradient) shall be collected and analyzed during these sampling events. The Department will specify an alternative monitoring frequency during the active life (including closure) and the post closure period for the constituents referred to in this paragraph. The alternative frequency for Appendix A constituents or the alternative list established pursuant to 7:14A-9.7(a)2 during the active life (including closure) shall be no less than annual. The alternative frequency shall be based on consideration of the factors specified at (c) above;

3. Establish background concentrations for any constituents detected pursuant to (b) or (d) above; and

4. Establish ground water protection standards for all constituents detected pursuant to (b) or (d) above. The ground water protection standards shall be established in accordance with (h) below, or when available, shall be the Ground Water Quality Standards set forth in N.J.A.C. 7:9C.

(e) If the concentrations of all 40 C.F.R. 258 Appendix II constituents are shown to be at or below background values, using the statistical procedures set forth at 7:14A-9.5(g), for two consecutive sampling events, the owner or operator shall notify the Department of this finding and may resume detection monitoring pursuant to N.J.A.C. 7:14A-9.7.

(f) If the concentrations of any 40 C.F.R. 258 Appendix II constituents are above background values, but all concentrations are below the ground water protection standard established pursuant to (h) below using the statistical procedures in 7:14A-9.5(g), the owner or operator shall continue assessment monitoring in accordance with this section.

(g) If one or more 40 C.F.R. 258 Appendix II constituents are detected at statistically significant levels above the ground water protection standards established pursuant to (d)4 above in any sampling event, the owner or operator shall within 14 days of this finding, place a notice in the records maintained by the facility identifying the 40 C.F.R. 258 Appendix II constituents that have exceeded the ground water protection standard and notify the Department and all appropriate local government officials that the notice has been placed in said records.

1. The owner or operator shall also:

i. Characterize the nature and extent of the release by installing additional monitoring wells as necessary;

ii. Install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with (d)(2) above;

iii. Notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated offsite as indicated by sampling of wells in accordance with this subsection; and

iv. Initiate an assessment of corrective measures as required by 7:14A-9.9 within 90 days; or

2. The owner or operator may demonstrate that a source other than a sanitary landfill unit caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, or natural variation in ground water quality. A report documenting this demonstration shall be certified by a qualified ground water scientist or approved by the Department and placed in the records maintained by the facility. If a successful demonstration is made, the owner or operator shall continue monitoring in accordance with the assessment monitoring program established pursuant to this section, and may resume to detection monitoring if the 40 C.F.R. 258 Appendix II constituents are at or below background as specified at (e) above. Until a successful demonstration is made, the owner or operator shall comply with (g) above, including initiating an assessment of corrective measures.

(h) Ground water protection standards for each 40 C.F.R. 258 Appendix II parameter shall be determined according to the criteria in N.J.A.C. 7:9C or in accordance with 40 C.F.R. 258.55(h) through (i), whichever is more stringent.

N.J. Admin. Code § 7:14A-9.8