250 R.I. Code R. 250-RICR-150-05-4.14

Current through November 7, 2024

Section 250-RICR-150-05-4.14 - Compliance Monitoring of a Groundwater Discharge

A. The owner of a facility subject to compliance monitoring requirements that include measurements, reports or characterization of a groundwater discharge or groundwater quality shall submit to the Director, the information required by a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement, no later than 30 days after the sampling collection date, unless otherwise specified by the Director.

B. Analytical Characterization: A representative sample collected for analytical characterization of a groundwater discharge, groundwater quality or other matrixes, as a condition of a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement, shall be analyzed by a laboratory certified by the Rhode Island Department of Health pursuant to the Rules and Regulations for Licensing Clinical Laboratories and Stations or by the National Environmental Laboratory Accreditation Program (NELAP), as appropriate.

C. Proper Operation and Maintenance: The owner shall at all times operate and maintain in good working order, a groundwater discharge system, groundwater monitoring well or other device or system of treatment and control and related appurtenance installed or used to achieve compliance with a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement. The owner shall submit any update to the approved Operation and Maintenance Plan to the Director, as appropriate.

D. Groundwater Monitoring Wells: Any required groundwater monitoring well shall be designed, constructed, installed and decommissioned pursuant to the RIDEM Groundwater Quality Rules Part 3 of this Subchapter. The owner shall operate and maintain all groundwater monitoring wells, piezometers and other measurement, sampling and analytical devices in a manner to ensure the performance of design specifications throughout the life of the monitoring program.

E. Monitoring and Reporting of Groundwater Discharge: All monitoring and reporting of a groundwater discharge shall be performed in accordance with the Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement. An analytical monitoring report subsequently submitted to the Director shall include:

1. Sample description(s);

2. Identification of the specific location of the sample collection point(s). Any modification to a sampling location identified in a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement shall require prior approval from the Director and shall be noted in the monitoring report;

3. The name of the individual who performed the sampling or measurement and the sample collection method used;

4. The exact date, time and place of each sampling or measurement;

5. The date the analysis was performed and the analytical technique or method used;

6. The performing laboratory certification number issued by Rhode Island Department of Health;

7. Documentation of the proper chain of custody for the required sample(s); and,

8. The Certificate of Analysis from the performing laboratory and the results of such analysis (laboratory reporting sheets).

F. Monitoring and Reporting of Groundwater Quality: All monitoring and reporting of groundwater quality shall be performed in accordance with the Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement. An analytical monitoring report subsequently submitted to the Director shall include:

1. The information identified in §§ 4.14(E)(1) through (8) of this Part;

2. A post-construction site plan of the facility, drawn to scale, no larger than 11 inches by 17 inches, identifying the location of:

a. Any buildings at the site, property boundary lines, the abutting street with the nearest utility pole number and a north arrow;

b. Any groundwater monitoring well(s) and the top of casing elevation for each well;

c. Any groundwater discharge system and drinking water supply well at the site;

d. Any neighboring private drinking water well or public water supply within 400 feet of the groundwater discharge system;

3. The elevation of groundwater in the monitoring well(s) at the time of sample collection; and,

4. The direction of groundwater flow.

G. The owner shall notify the Director at the time of occurrence, any instance of noncompliance with a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement, including any monitoring and reporting or operation and maintenance condition which has or may adversely impact the groundwater resources of the State or cause or contribute to a violation of these rules.

H. The owner shall also submit a written report to the Director within 7 days of the occurrence of any noncompliance with a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement, as identified in accordance with § 4.14(G) of this Part, and shall initiate action to correct, minimize or prevent such violation within a specified period of time as determined by the Director, including:

1. Resample and characterize the groundwater discharge or the groundwater quality;

2. Modify the facility operation or process(es) associated with the groundwater discharge;

3. Suspend operation of the groundwater discharge system until compliance is attained;

4. Close the groundwater discharge system in accordance with § 4.18 of this Part and seek an alternate waste disposal method; or,

5. Any other means of corrective action required by the Director.

I. Class IV Injection Wells: Notwithstanding a groundwater discharge system eligible for approval under § 4.10(A)(2) of this Part or subject to waiver under § 4.10(C) of this Part, if a groundwater discharge system is determined through analytical testing to be a Class IV injection well as defined in § 4.6(E) of this Part, the owner shall immediately notify the Director and may be required to cease the groundwater discharge and initiate closure procedures in accordance with § 4.18(D) of this Part.

250 R.I. Code R. 250-RICR-150-05-4.14