Section 33-24-05-55 - Detection monitoring programAn owner or operator required to establish a detection monitoring program under sections 33-24-05-47 through 33-24-05-58 shall, at a minimum, discharge the following responsibilities:
1. The owner or operator shall monitor for indicator parameters (for example, specific conductance, total organic carbon, or total organic halogen), waste constituents, or reaction products that provide a reliable indication of the presence of hazardous constituents in ground water. The department will specify the parameters or constituents to be monitored in the facility permit, after considering the following factors: a. The types, quantities, and concentrations of constituents in wastes managed at the regulated unit.b. The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area.c. The detectability of indicator parameters, waste constituents, and reaction products in ground water.d. The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the ground water background.2. The owner or operator shall install a ground water monitoring system at the compliance point under section 33-24-05-52 which complies with subdivision b of subsection 1, and subsections 2 and 3, of section 33-24-05-54.3. The owner or operator must conduct a ground water monitoring program for each chemical parameter and hazardous constituent specified in the permit pursuant to subsection 1 in accordance with subsection 7 of section 33-24-05-54. The owner or operator must maintain a record of ground water analytical data as measured and in a form necessary for the determination of statistical significance under subsection 8 of section 33-24-05-54.4. The department will specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the permit conditions under subsection 1 in accordance with subsection 7 of section 33-24-05-54. 5. The owner or operator shall determine the ground water flow rate and direction in the uppermost aquifer at least annually.6. The owner or operator must determine whether there is statistically significant evidence of contamination for any chemical parameter of hazardous constituent specified in the permit pursuant to subsection 1 at a frequency specified under subsection 4. a. In determining whether statistically significant evidence of contamination exists, the owner or operator must use the methods specified in the permit under subsection 8 of section 33-24-05-54. These methods must compare data collected at the compliance points to the background ground water quality data.b. The owner or operator must determine whether there is statistically significant evidence of contamination at each monitoring well at the compliance point within a reasonable period of time at the completion of sampling. The department will specify in the facility permit what period of time is reasonable, after considering the complexity of the statistical test and availability of laboratory facilities to perform the analysis of ground water samples.7. If the owner or operator determines pursuant to subsection 6 that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to subsection 1 at any monitoring well at the compliance point, the owner or operator must: a. Notify the department of this finding in writing within seven days. The notification must indicate what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination.b. Immediately sample the ground water in all monitoring wells and determine whether constituents in the list of appendix XII of 33-24-05 are present, and if so, in what concentration. However, the department, on a discretionary basis, may allow sampling for a site-specific subset of constituents from the appendix XII of 33-24-05 list and other representative or related, or both, waste constituents.c. For any appendix XII compounds found in the analysis pursuant to subdivision b , the owner or operator may resample within one month or at an alternative site-specific schedule approved by the department and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results, then these constituents will form the basis for compliance monitoring. If the owner or operator does not resample for the compounds in subdivision b, the hazardous constituents found during this initial appendix XII analysis will form the basis for compliance monitoring.d. Within ninety days, submit to the department an application for a permit modification to establish a compliance monitoring program meeting the requirements of section 33-24-05-56. The application must include the following information: (1) An identification of the concentration of any appendix XII constituent detected in the ground water at each monitoring well at the compliance point.(2) Any proposed changes to the ground water monitoring system at the facility necessary to meet the requirements of section 33-24-05-56.(3) Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used at the facility necessary to meet the requirements of section 33-24-05-56.(4) For each hazardous constituent detected at the compliance point, a proposed concentration limit under subdivision a or b of subsection 1 of section 33-24-05-51, or a notice of intent to seek an alternate concentration limit under subsection 2 of section 33-24-05-51.e. Within one hundred eighty days, submit to the department: (1) All data necessary to justify an alternate concentration limit sought under subsection 2 of section 33-24-05-51; and(2) An engineering feasibility plan for a corrective action program necessary to meet the requirements of section 33-24-05-57, unless: (a) All hazardous constituents identified under subdivision b are listed in table 1 of section 33-24-05-51 and their concentrations do not exceed the respective values given in that table; or(b) The owner or operator has sought an alternate concentration limit under subsection 2 of section 33-24-05-51 for every hazardous constituent identified under subdivision b .f. If the owner or operator determines, pursuant to subsection 6, that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to subsection 1 at any monitoring well at the compliance point, the owner or operator 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 ground water. The owner or operator may make a demonstration under this subdivision in addition to, or in lieu of, submitting a permit modification application under subdivision d ; however, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in subdivision d unless the demonstration made under this subdivision successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis, or evaluation. In making a demonstration under this subdivision, the owner or operator must:(1) Notify the department in writing within seven days of determining statistically significant evidence of contamination at the compliance point that the owner or operator intends to make a demonstration under this subdivision;(2) Within ninety days, submit a report to the department which demonstrates that a source other than a regulated unit caused the contamination or that the contamination resulted from error in sampling, analysis, or evaluation;(3) Within ninety days, submit to the department an application for a permit modification to make any appropriate changes to the detection monitoring program facility; and(4) Continue to monitor in accordance with the detection monitoring program established under this section.8. If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of this section, the owner or operator must, within ninety days, submit an application for a permit modification to make any appropriate changes to the program.N.D. Admin Code 33-24-05-55
Effective January 1, 1984; amended effective December 1, 1988; December 1, 1991; July 1, 1997.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04