15A N.C. Admin. Code 2L.0110

Current through Register Vol. 38, No. 22, May 15, 2024

Section 02L .0110 - MONITORING

(a) Except where exempted by statute or this Subchapter, the Director may require any person who causes, permits, or has control over any discharge of waste or cleanup program, to implement a monitoring program in such detail as required to evaluate the effects of the discharge upon the environment or waters of the State, including the effect of any actions taken to restore groundwater quality, as well as the efficiency of any treatment facility. The Director shall consider information including the geologic and hydrogeologic conditions, potential receptors, and risks to public health and the environment in determining the nature and extent of any required monitoring program. The monitoring program plan shall be prepared under the charge of a professional engineer or licensed geologist and bear the seal of the same if required under G.S. 89C or G.S. 89E.

(b) Monitoring systems within the monitoring program shall be constructed and operated in a manner that will not result in the contamination of waters of the State.

(c) The Director may require modification of a monitoring program or system or require additional monitoring of a contaminant or constituent of interest if new information indicates such modification or additional monitoring is necessary to protect public health or the environment.

(d) Monitoring systems within the monitoring program shall be able to:

(1) Track the migration, degradation, and attenuation of contaminants and contaminant by-products from the source area through a point of compliance such as a compliance boundary (if applicable), within a contaminant plume, and in areas where the contaminant plume is expected through professional judgment or predicted through modeling to migrate.

(2) Be used to determine the background groundwater quality that is not affected by site conditions, actions, or activities.

(3) Detect contaminants and contaminant by-products prior to their reaching any potential receptor.

(4) Detect if a groundwater contaminant plume is causing or contributing to exceedances of the surface water standards established under 15A NCAC 02B .0200.

(e) Monitoring shall be conducted and results reported in a manner and at a frequency specified by the Director based on information including the geologic and hydrogeologic conditions, potential receptors, and risks to public health and the environment.

(f) Monitoring programs shall remain in effect until it is demonstrated that the contaminant concentrations resulting from site activities or actions have been reduced to a level at or below the standards for a minimum of four consecutive quarters with monitoring events spaced at least three months apart. The Director may require an extension of monitoring if the Director determines that concentrations are fluctuating at or near the standards or the data trends suggest that concentrations are increasing. Once the Director is satisfied that the concentrations are at or below standards or that corrective action is no longer necessary to ensure compliance with the Rules of this Subchapter, the Director shall furnish a letter stating that no further action is required. The Director shall also require a plan be submitted for maintaining or abandoning the monitoring wells in accordance with 15A NCAC 02C .0100.

15A N.C. Admin. Code 02L .0110

Authority G.S. 143-215.1(b); 143-215.3(a)(1); 143-215.65; 143-215.66; 143B-282;
Eff. August 1, 1989;
Amended Eff. October 1, 1993;
Readopted Eff. June 1, 2022.

Authority G.S. 143-215.1(b); 143-215.3(a)(1); 143-215.65; 143-215.66; 143B-282;
Eff. 8/1/1989;
Amended Eff. 10/1/1993.

Readopted by North Carolina Register Volume 37, Issue 01, July 1, 2022 effective 6/1/2022.