Current through November 7, 2024
Section 250-RICR-150-05-4.18 - Closure of a Groundwater Discharge SystemA. The owner shall close a groundwater discharge system that is abandoned, no longer in use or required to be closed by the Director, in a manner that prevents adverse impact to the groundwater resources of the State in accordance with all requirements of these rules. This applies to any groundwater discharge system subject to these rules, whether unauthorized or operating under a Groundwater Discharge System Registration or Approval, Temporary Approval or a UIC Registration or Order of Approval issued prior to July 12, 2012. A groundwater discharge system that was installed without approval from the Director and where the owner does not intend or is not eligible to apply under these rules for a Registration or Approval to continue to operate, shall be closed in accordance with § 4.18 of this Part.B. Notification of Termination for Authorized Discharges: Prior to the initiation of any closure activities, the owner of a groundwater discharge system authorized under these rules or under a UIC Registration or Order of Approval issued prior to July 12, 2012 shall submit to the Director, a Notification of Termination of a Groundwater Discharge and any other information required by the Director. Analytical characterization of soil and/or groundwater at the site may be required following cessation of the groundwater discharge to demonstrate compliance with these rules.C. Unauthorized Discharge Subject to Registration: Prior to the initiation of any closure activities, the owner of a groundwater discharge system subject to registration under § 4.9 of this Part or a stormwater discharge system subject to § 4.11 of this Part that is associated with a LUHPPL (as defined by the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter) that has been operating without Department authorization shall notify the Director to determine if Notification of Termination under § 4.18(B) of this Part is an available option or if closure of the groundwater discharge system is required in accordance with § 4.18(D) of this Part.D. Application Requirements: Except as otherwise provided in § 4.18(F) of this Part, prior to the initiation of any closure activities, the owner of a facility that has been operating a groundwater discharge system identified in §§ 4.18(D)(1) through (5) shall submit to the Director, an Application for Closure of a Groundwater Discharge System, prepared in accordance with § 4.8 of this Part, the supporting information listed in § 4.18(E) of this Part, and any other information required by the application or the Director: 1. A groundwater discharge that through analytical testing conducted in accordance with a Groundwater Discharge Registration or Approval or Temporary Approval or other Department requirement has been characterized as having adversely impacted the groundwater resources of the State;2. A groundwater discharge system subject to § 4.18(C) of this Part that is not eligible for closure under Notification of Termination under § 4.18(B) of this Part;3. A groundwater discharge system subject to approval under § 4.10 of this Part that has been operating without Department authorization and is not eligible for approval under § 4.10(K) of this Part;4. A groundwater discharge operating without Department authorization that through analytical testing conducted in accordance with §§ 4.9(F) and 4.11(F) of this Part or other Department requirement has been characterized as having adversely impacted the groundwater resources of the State;5. A groundwater discharge system operating without Department authorization that has been characterized in accordance with §§ 4.12(B)(2) or 4.14(I) of this Part as having received and/or discharged hazardous wastewater through a Class IV well, as identified in § 4.6(E) of this Part.E. The owner of a groundwater discharge system subject to closure requirements under § 4.18(D) of this Part shall complete the following: 1. Pre-Closure Notification: Upon Department approval of the Application for Closure of a Groundwater Discharge System, the owner shall notify the Director at least 10 business days prior to the initiation of any on-site activities related to closure of the groundwater discharge system, unless otherwise specified. All closure activities shall be performed as outlined in the application and associated closure plan, as approved.2. Material Handling: The owner shall ensure that: a. Any sample of soil, sludge or liquid collected as required for completion of groundwater discharge system closure activities shall be analyzed pursuant to the parameters and testing methodologies specified by the Director and performed in accordance with § 4.14(B) of this Part;b. Any soil, sludge or liquid removed from or adjacent to the groundwater discharge system shall be managed pursuant to all applicable State and federal laws, rules, regulations or standards; and,c. Any required groundwater monitoring well(s) 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 duration of the monitoring program.3. Post-Closure Report: The owner shall submit to the Director, within 30 days of completion of closure activities, a Groundwater Discharge System Closure Report, including: a. A narrative description of all completed activities related to closure of the groundwater discharge system;b. An analytical monitoring report including all information identified in §§ 4.14(E)(1) through (8) of this Part;c. Any manifest or disposal receipt associated with the removal of any contaminated soil, sludge or liquid generated by closure activities;d. Photographic documentation of the closure activities performed, including the final excavation pit(s), any structure(s) excavated and any stockpile(s) of generated material;e. A proposal for any additional soil or groundwater remediation, if necessary; and,f. Any other information related to closure of the groundwater discharge system.4. If information contained in the Groundwater Discharge System Closure Report indicates that site conditions have or may adversely impact the groundwater resources of the State or cause or contribute to a violation of these rules, the Director may require the owner to initiate additional corrective action at the site. The Director may also provide the owner with the option to record a land use restriction in lieu of all, or a portion, of the additional corrective action activities required by the Director.5. Post-Closure Monitoring: The Director may require groundwater quality monitoring or other post-closure activities as deemed necessary. Any required groundwater quality monitoring and reporting shall be conducted in accordance with Department requirements and § 4.14 of this Part.6. The owner shall decommission all groundwater monitoring devices upon completion of closure activities, in accordance with the RIDEM Groundwater Quality Rules Part 3 of this Subchapter unless continued monitoring of the groundwater quality is required by the Director.F. The Director shall waive the requirement to submit an Application for Closure of a Groundwater Discharge System listed under §§ 4.18(D)(2) through (5) of this Part, provided that the groundwater discharge system subject to these rules is closed as part of an active waste clean-up activity at a site that is subject to approval by the RIDEM Office of Waste Management. The owner of a facility with a groundwater discharge system that is eligible for an application waiver must be in compliance with all other applicable provisions of these rules. Approval from the RIDEM Office of Waste Management for these closures shall constitute approval pursuant to these rules.250 R.I. Code R. 250-RICR-150-05-4.18