Okla. Admin. Code § 252:515-9-95

Current through Vol. 41, No. 19, June 17, 2024

Section 252:515-9-95 - Actions required

(a)Initial actions. After obtaining the results from the initial or subsequent sampling events required by this Part, the owner/operator must:

(1) within 14 days, notify the DEQ in writing, and place a notice in the operating record, identifying the constituents that have been detected;

(2) within 90 days, and on at least a semi-annual basis thereafter:

(A) resample all wells;

(B) conduct analyses for all constituents in the detection monitoring program and any other constituents specified by the DEQ in accordance with OAC 252:515-9-93;

(C) notify the DEQ in writing and record the concentrations in the operating record; and

(D) establish background concentrations for any constituents detected pursuant to OAC 252:515-9-93 or (B) of this paragraph.

(b)Concentrations below background. If the concentration of all assessment monitoring constituents is at or below background values for two consecutive sampling events, using the approved statistical procedure, the owner/operator must notify the DEQ in writing of this finding and, upon approval of the DEQ, may return to detection monitoring.

(c)Concentration above groundwater protection standard. If one or more assessment monitoring constituents are detected at statistically significant levels above the groundwater protection standard of 252:515-9-96 in any sampling event, the owner/operator shall, within 14 days of this finding:

(1) notify the DEQ in writing and place a notice in the operating record identifying the constituents that have exceeded the background levels;

(2) by certified mail, return receipt requested, notify all persons who own the land or minerals or who reside on the land that directly overlies any part of the plume of contamination and within one year time of travel if contaminants have migrated off-site;

(3) submit for DEQ approval, a proposed plan and schedule for analyzing the environmental release from the facility and for developing appropriate corrective action;

(4) submit to the DEQ a copy of the notice given pursuant to (2) of this Subsection, a list of the persons notified, a cadastral (property ownership) map and a mineral ownership map;

(5) characterize the nature and extent of the release by installing additional monitoring wells as necessary; and

(6) initiate an assessment of corrective measures within 90 days.

(d)Other source or error. During the 90 day period provided for in (c)(6) of this Section, a demonstration may be made that a source other than the facility caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality.

(1)Report required. A report, certified by a qualified groundwater scientist, shall be submitted to the DEQ to document this demonstration. Such report shall be approved by the DEQ and a copy of the approved report shall be placed in the operating record.

(2)Continue monitoring. If a successful demonstration is made, monitoring in accordance with this Part must continue. Upon approval of the DEQ, detection monitoring may be resumed if the constituents listed in Appendix C of this Chapter are at or below background.

(3)Comply. Until a successful demonstration is made, the owner/operator must comply with the requirements of this Part and initiate an assessment of corrective measures.

Okla. Admin. Code § 252:515-9-95

Added at 20 Ok Reg 1151, eff 6-1-03