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§ 2550.8. Detection Monitoring Program.

23 CA ADC § 2550.8BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 15. Discharges of Hazardous Waste to Land
Article 5. Water Quality Monitoring for Classified Waste Management Units
23 CCR § 2550.8
§ 2550.8. Detection Monitoring Program.
(a) A discharger required, pursuant to section 2550.1 of this article, to establish a detection monitoring program for a waste management unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The discharger shall install water quality monitoring systems that are appropriate for detection monitoring and that comply with the provisions of section 2550.7 of this article.
(c) The discharger shall establish a background value pursuant to subsection 2550.7(e)(11) of this article for each monitoring parameter specified pursuant to subsection (e) of this section and for each constituent of concern under section 2550.3 of this article.
(d) The regional board shall specify the water quality protection standard under section 2550.2 of this article in the waste discharge requirements.
(e) The discharger shall propose for approval by the regional board a list of monitoring parameters for each medium (ground water, surface water, and the unsaturated zone) to be monitored pursuant to section 2550.7 of this article. The list for each medium shall include those physical parameters, hazardous constituents, waste constituents, and reaction products that provide a reliable indication of a release from the waste management unit to that medium. The regional board shall specify each list of monitoring parameters in the waste discharge requirements after considering the following factors:
(1) the types, quantities, and concentrations of constituents in wastes managed at the waste management unit;
(2) the expected or demonstrated correlation between the proposed monitoring parameters and the constituents of concern specified for the unit under section 2550.3 of this article;
(3) the mobility, stability, and persistence of waste constituents or their reaction products;
(4) the detectability of physical parameters, waste constituents, and reaction products; and
(5) the background values and the coefficients of variation of proposed monitoring parameters in ground water, surface water, and the unsaturated zone.
(f) The discharger shall monitor for the monitoring parameters listed in the waste discharge requirements pursuant to subsection (e) of this section. The regional board shall specify the frequencies for collecting samples and conducting statistical analyses, pursuant to subsection 2550.7(e)(12) of this article.
(g) In addition to monitoring for the monitoring parameters specified pursuant to subsection (e) of this section, the discharger shall periodically monitor for all constituents of concern specified in the waste discharge requirements and determine whether there is statistically significant evidence of a release for any constituent of concern using the statistical procedure specified pursuant to subsection 2550.7(e)(7) of this article. The regional board shall specify in waste discharge requirements the frequencies and locations for monitoring pursuant to this subsection after considering the degree of certainty associated with the expected or demonstrated correlation between values for monitoring parameters and values for the constituents of concern. Monitoring pursuant to this subsection shall be conducted at least every five years.
(h) The discharger shall maintain a record of water quality analytical data as measured and in a form necessary for the determination of statistical significance pursuant to subsections (g) and (i) of this section.
(i) For each monitoring point, the discharger shall determine whether there is statistically significant evidence of a release from the waste management unit for any monitoring parameter specified in the waste discharge requirements pursuant to subsection (e) of this section at a frequency specified pursuant to subsection (f) of this section.
(1) In determining whether statistically significant evidence of a release from the waste management unit exists, the discharger shall use the method(s) specified in the waste discharge requirements pursuant to subsection 2550.7(e)(7) of this article. This method(s) shall be used to compare data collected at the monitoring point(s) with the background water quality data.
(2) The discharger shall determine whether there is statistically significant evidence of a release from the waste management unit at each monitoring point within a reasonable period of time after completion of sampling. The regional board shall specify in the waste discharge requirements what period of time is reasonable after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of samples.
(3) The provisions of this section shall not preclude the regional board from making an independent finding that there is statistically significant evidence of a release from the waste management unit. If the regional board makes such a finding, the discharger shall comply with the provisions of this section that are required in response to statistically significant evidence of a release from the waste management unit.
(j) If the discharger determines pursuant to subsection (g) or (i) of this section that there is evidence of a release from the waste management unit, the discharger:
(1) shall immediately notify regional board staff verbally of the finding and shall provide written notification by certified mail within seven days of such determination. The notification shall, for each affected monitoring point, identify the monitoring parameters and constituents of concern that have indicated statistically significant evidence of a release from the waste management unit; and
(2) may immediately initiate the verification procedure pre-approved by the regional board, pursuant to subsection 2550.7(e)(8)(E) of this article, to verify that there is statistically significant evidence of a release from the waste management unit for a parameter or constituent which has indicated a release at a monitoring point.
(k) If a verification procedure, performed pursuant to subsection (j)(2) of this section, confirms that there is statistically significant evidence of a release from the waste management unit or if the discharger does not resample the discharger shall perform the following:
(1) immediately sample all monitoring points in the affected medium at that waste management unit and determine the concentration of all constituents of concern;
(2) immediately sample all monitoring points for that waste management unit in the affected medium (ground water, surface water, or the unsaturated zone) and determine whether constituents in the list of Appendix IX to Chapter 14 of Division 4.5 of Title 22, California Code of Regulations (Appendix IX) are present, and if so, in what concentration(s);
(3) for any Appendix IX constituents found at a monitoring point pursuant to subsection (k)(2) of this section, that are not found in comparable concentrations to those exhibited at the background monitoring points for that waste management unit and that are not specified in the list of constituents of concern for that unit, the discharger may resample within one month and repeat the analysis for those constituents. Any constituent detected in both analyses shall be added to the list of constituents of concern specified in the waste discharge requirements for evaluation monitoring. If the discharger does not resample for the constituents found pursuant to subsection (k)(2) of this section, each constituent found during the initial analysis shall be added to the list of constituents of concern specified in the waste discharge requirements for evaluation monitoring unless the discharger can demonstrate to the satisfaction of the regional board that the concentration at which the constituent is found at the monitoring point is comparable to the concentration it exhibits at the background monitoring points for that unit;
(4) for each Appendix IX constituent added to the list of constituents of concern pursuant to subsection (k)(3) of this section, the discharger shall:
(A) collect all data necessary for establishing the background concentration for that constituent and for selecting an appropriate statistical procedure pursuant to subsection 2550.7(e)(6) of this article;
(B) propose an appropriate statistical procedure pursuant to subsection 2550.7(e)(7) of this article;
(C) propose a procedure to establish the background concentration for that constituent pursuant to subsection 2550.7(e)(10) of this article; and
(D) establish the background concentration pursuant to subsection 2550.7(e)(11) of this article;
(5) within 90 days of determining statistically significant evidence of a release, submit to the regional board an amended report of waste discharge to establish an evaluation monitoring program meeting the provisions of section 2550.9 of this article. The report shall include the following information:
(A) the maximum concentration of each constituent of concern at each monitoring point as determined during the most recent sampling events, and an identification of the concentration of each Appendix IX constituent at each monitoring point for that unit in the affected medium (ground water, surface water, or the unsaturated zone);
(B) any proposed changes to the water quality monitoring systems at the waste management unit necessary to meet the provisions of section 2550.9 of this article;
(C) any proposed additions or changes to the monitoring frequency, sampling and analytical procedures or methods, or statistical methods used at the waste management unit necessary to meet the provisions of section 2550.9 of this article; and
(D) a detailed description of the measures to be taken by the discharger to assess the nature and extent of the release from the waste management unit;
(6) within 180 days of determining statistically evidence of a release, submit to the regional board an engineering feasibility study for a corrective action program necessary to meet the requirements of section 2550.10 of this article. At a minimum, the feasibility study shall contain a detailed description of the corrective action measures that could be taken to achieve background concentrations for all constituents of concern; and
(7) if the discharger determines, pursuant to subsections (g) or (i) of this section, that there is statistically significant evidence of a release from the waste management unit at any monitoring point, the discharger may demonstrate that a source other than the waste management unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis, or statistical evaluation or by natural variation in the ground water, surface water, or the unsaturated zone. The discharger may make a demonstration pursuant to this subsection in addition to or in lieu of submitting both an amended report of waste discharge pursuant to subsection (k)(5) of this section and an engineering feasibility study pursuant to subsection (k)(6) of this section; however, the discharger is not relieved of the requirements specified in subsections (k)(5) and (k)(6) of this section unless the demonstration made pursuant to this subsection successfully shows that a source other than the waste management unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis, or evaluation, or from natural variation in ground water, surface water, or the unsaturated zone. In making a demonstration pursuant to this subsection, the discharger shall:
(A) within seven days of determining statistically significant evidence of a release, notify the regional board by certified mail that the discharger intends to make a demonstration pursuant to this subsection;
(B) within 90 days of determining statistically significant evidence of a release, submit a report to the regional board that demonstrates that a source other than the waste management unit caused the evidence, or that the evidence resulted from error in sampling, analysis, or evaluation, or from natural variation in ground water, surface water, or the unsaturated zone;
(C) within 90 days of determining statistically significant evidence of a release, submit to the regional board an amended report of waste discharge to make any appropriate changes to the detection monitoring program; and
(D) continue to monitor in accordance with the detection monitoring program established pursuant to this section.
(l) If the discharger determines that there is significant physical evidence of a release as described in subsection 2550.1(a)(3) of this article or that the detection monitoring program does not satisfy the requirements of this section, the discharger shall:
(1) notify the regional board by certified mail within 7 days of such determination; and
(2) within 90 days of such determination, submit an amended report of waste discharge to make any appropriate changes to the program.
(m) Any time the regional board determines that the detection monitoring program does not satisfy the requirements of this section the regional board shall send written notification of such determination to the discharger by certified mail, return receipt requested; the discharger shall, within 90 days after receipt of such notification by the regional board, submit an amended report of waste discharge to make any appropriate changes to the program.
(n) For any Class I waste management unit for which a detection monitoring program is established after the successful completion of a corrective action program pursuant to subsection 2550.10(g) of this article:
(1) the regional board shall include in the list of monitoring parameters for each medium (ground water, surface water, and the unsaturated zone) all hazardous constituents that have been detected in that medium due to a release from that waste management unit; and
(2) the discharger shall analyze samples from all ground water monitoring points at the point of compliance for that waste management unit and determine the concentration of each constituent contained in Appendix IX at least annually during any remaining years of the compliance period. If the discharger finds either an Appendix IX constituent at a concentration above the concentration limit established in the waste discharge requirements for that constituent or one that is not already identified in the waste discharge requirements as a monitoring parameter, the discharger may resample within one month of the original sample and repeat the analysis for those constituents . If the discharger does not resample or if the resampling confirms that the concentration limit for a constituent has been exceeded or that a new constituent is present:
(A) the discharger shall report the concentration of these constituents to the regional board within seven days of the latest analysis;
(B) the regional board shall add each such constituent to the list of monitoring parameters that are specified in the waste discharge requirements for ground water, unless the discharger demonstrates to the satisfaction of the regional board that the concentration of that constituent at the monitoring point is comparable to the concentration it exhibits at the background monitoring points for that unit; and
(C) if a constituent is added to the list of monitoring parameters, pursuant to subsection (n)(2)(B) of this section, the discharger shall immediately collect samples and conduct statistical tests for each monitoring parameter to determine whether there is statistically significant evidence of a release from the unit.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263 and 13267, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsections (k)(2)-(k)(4) and (k)(5)(A) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 2550.8, 23 CA ADC § 2550.8
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