S.C. Code Regs. § 61-79.265.F.90

Current through Register Vol. 48, No. 5, May 24, 2024

Section 61-79.265.F.90 - Applicability

(a) Within one year after the effective date of these regulations, the owner or operator of a surface impoundment, landfill, or land treatment facility which is used to manage hazardous waste must implement a groundwater monitoring program capable of determining the facility's impact on the quality of groundwater in the uppermost aquifer underlying the facility, except as section265.1 and paragraph (c) of this section provide otherwise.

(b) Except as paragraphs (c) and (d) of this Section provide otherwise, the owner or operator must install, operate, and maintain a groundwater monitoring system which meets the requirements of Section265.91, and must comply with Sections265.92 through 265.94. This groundwater monitoring program must be carried out during the active life of the facility, and for disposal facilities, during the post-closure care period as well.

(c) All or part of the groundwater monitoring requirements of this Subpart may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial, or agricultural) or to surface water. This demonstration must be in writing and must be kept at the facility. This demonstration must be certified by a qualified geologist or geotechnical engineer and must establish the following:

(1) The potential for migration of hazardous waste or hazardous constituents from the facility to the uppermost, aquifer, by an evaluation of:

(i) A water balance of precipitation, evapotranspiration, runoff, and infiltration; and

(ii) Unsaturated zone characteristics (i.e., geologic materials, physical properties, and depth to groundwater); and

(2) The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of:

(i) Saturated zone characteristics (i.e., geologic materials, physical properties, and rate of groundwater flow); and

(ii) The proximity of the facility to water supply wells or surface water.

(3) [Reserved 12/92]

(d) If an owner or operator assumes (or knows) that groundwater monitoring of indicator parameters in accordance with Sections265.91 and 265.92 would show statistically significant increases (or decreases in the case of pH) when evaluated under Section265.93(b)(b), he may install, operate, and maintain an alternate groundwater monitoring system (other than the one described in Section265.91 and 265.92). If the owner or operator decides to use an alternate groundwater monitoring system he must:

(1) Within one year after the effective date of these regulations, develop a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of 265.93(d)(3), for an alternate groundwater monitoring system. This plan is to be placed in the facility's operating record and maintained until closure of the facility;

(2) Not later than one year after the effective date of these regulations, initiate the determinations specified in paragraph 265.93(d)(4);

(3) Prepare a report in accordance with 265.93(d)(5) and place it in the facility's operating record and maintain until closure of the facility;

(4) Continue to make the determinations specified in paragraph 265.93(d)(4), on a quarterly basis until final closure of the facility; and

(5) Comply with the recordkeeping and reporting requirements in paragraph 265.94(b).

(e) The groundwater monitoring requirements of this Subpart may be waived with respect to any surface impoundment that (1) is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under R.61-79.261.22 or are listed as hazardous wastes Subpart D of R.61-79.261 only for this reason, and (2) contains no other hazardous wastes, if the owner or operator can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration must establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration must be in writing and must be certified by a qualified professional.

(f) The Department may replace all or part of the requirements of this subpart applying to a regulated unit (as defined in 264.90), with alternative requirements developed for groundwater monitoring set out in an approved closure or postclosure plan, where the Department determines that:

(1) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and

(2) It is not necessary to apply the requirements of this subpart because the alternative requirements will protect human health and the environment. The alternative standards for the regulated unit must meet the requirements of 264.101(a).

S.C. Code Regs. 61-79.265.F.90

Amended by State Register Volume 12, Issue No.10, eff October 28, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 32, Issue No, 6, eff June 27, 2008.