§ 20420. SWRCB--Detection Monitoring Program. (C15: § 2550.8)
27 CA ADC § 20420Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 27. Environmental Protection
Division 2. Solid Waste (Refs & Annos)
Subdivision 1. Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste
Chapter 3. Criteria for All Waste Management Units, Facilities, and Disposal Sites
Subchapter 3. Water Monitoring (Refs & Annos)
Article 1. SWRCB--Water Quality Monitoring and Response Programs for Solid Waste Management Units
27 CCR § 20420
§ 20420. SWRCB--Detection Monitoring Program. (C15: § 2550.8)
(e) Monitoring Parameters--The discharger shall propose for approval by the RWQCB a list of Monitoring Parameters for each medium (ground water, surface water, and the unsaturated zone) to be monitored pursuant to ¶(i) and § 20415, including a data analysis method meeting the requirements of that section for each Monitoring Parameter. The list for each monitored medium shall include those physical parameters, hazardous constituents, waste constituents, and reaction products that provide a reliable indication of a release from the Unit to that medium. In addition, for an MSW landfill, the list of monitoring parameters shall meet the requirements of SWRCB Resolution No. 93-62 (which incorporates by reference the federal requirements of 40CFR258.54). The RWQCB shall specify each list of Monitoring Parameters in the WDRs after considering the following factors:
(g) Five-Yearly COC Monitoring--In addition to monitoring for the Monitoring Parameters specified pursuant to ¶(e), the discharger shall periodically monitor for COCs specified in the WDRs, and shall determine, pursuant to ¶(i), whether there is “measurably significant” (see definition in § 20164) evidence of a release for any COC using the data analysis procedure specified pursuant to § 20415(e)(7). The RWQCB shall specify in WDRs the frequencies and locations for monitoring pursuant to this paragraph after considering the degree of certainty associated with the expected or demonstrated correlation between values for Monitoring Parameters and values for the COCs. Monitoring pursuant to this paragraph shall be conducted at least every five years.
(1) In determining whether “measurably significant” (see § 20164) evidence of a release from the Unit exists, the discharger shall use the method(s) chosen pursuant to § 20415(e)(7). This method(s) shall be used to compare data collected at the Monitoring Point(s) with the background water quality data, except as otherwise provided in § 20400(i).
(2) Determination--The discharger shall determine whether there is “measurably significant” (see § 20164) evidence of a release from the Unit at each Monitoring Point within a reasonable period of time after completion of sampling. The RWQCB shall specify in the WDRs 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) RWQCB Finding--The provisions of this section shall not preclude the RWQCB from making an independent finding that there is “measurably significant” (see § 20164) evidence of a release from the Unit. If the RWQCB makes such a finding, the discharger shall comply with the provisions of this section that are required in response to “measurably significant” (see § 20164) evidence of a release from the Unit.
(1) Notification--shall immediately notify RWQCB 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 “measurably significant” (see § 20164) evidence of a release from the Unit;
(2) Retest Optional--can immediately initiate the verification procedure pre-approved by the RWQCB [pursuant to § 20415(e)(8)(E)] to verify that there is “measurably significant” (see § 20164) evidence of a release from the Unit for a parameter or constituent which has indicated a release at a Monitoring Point; and
(1) Non-Statistical COC Scan--if the detection was made based upon sampling and analysis for Monitoring Parameters [under ¶(f)], immediately sample all Monitoring Points in the affected medium at that Unit and determine the concentration of all COC. Because this COC scan does not involve statistical testing, the discharger need collect and analyze only a single water sample from each Monitoring Point in the affected medium. The RWQCB can approve an appropriate subset of Monitoring Points to be sampled for all COCs, based upon the hydrogeologic conditions at the Unit;
(5) Amended ROWD Proposing EMP--within 90 days of determining “measurably significant” (see § 20164) evidence of a release, submit to the RWQCB an amended report of waste discharge to establish an evaluation monitoring program meeting the provisions of § 20425. The report shall include the following information:
(6) Submit Initial EFS--within 180 days of determining measurably significant evidence of a release, submit to the RWQCB an engineering feasibility study for a corrective action program necessary to meet the requirements of § 20430. 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) Optional Demonstration (That Unit Is Not At Cause)--if the discharger determines, pursuant to ¶(i), that there is “measurably significant” (see § 20164) evidence of a release from the Unit at any Monitoring Point, the discharger may demonstrate that a source other than the 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 ¶(k)(5) and an engineering feasibility study pursuant to ¶(k)(6); however, the discharger is not relieved of the requirements specified in ¶(k)(5) and ¶(k)(6) unless the demonstration made pursuant to this subsection successfully shows that a source other than the 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:
(B) Demonstration Due Date--within 90 days of determining “measurably significant” (see § 20164) evidence of a release, submit a report to the RWQCB that demonstrates that a source other than the 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;
(m) Changes By RWQCB--Any time the RWQCB determines that the detection monitoring program does not satisfy the requirements of this section the RWQCB 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 RWQCB, submit an amended report of waste discharge to make any appropriate changes to the program.
Credits
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263 and 13267, Water Code; and Section 43103, Public Resources Code.
History
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 27, § 20420, 27 CA ADC § 20420
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