View Document - California Code of Regulations

Home Table of Contents

§ 20425. SWRCB--Evaluation Monitoring Program. (C15: § 2550.9)

27 CA ADC § 20425Barclays 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 § 20425

§ 20425. SWRCB--Evaluation Monitoring Program. (C15: § 2550.9)

Currentness

(a)(1) General--A discharger required pursuant to § 20385 to establish an evaluation monitoring program for a Unit shall, at a minimum, comply with the requirements of this section for that Unit.

(2) Standards--The evaluation monitoring program shall be used to assess the nature and extent of the release from the Unit and to design a corrective action program meeting the requirements of § 20430.

(b) 90 Days To Delineate Release--The discharger shall collect and analyze all data necessary to assess the nature and extent of the release from the Unit. This assessment shall include a determination of the spacial distribution and concentration of each COC throughout the zone affected by the release. The discharger shall complete and submit this assessment within 90 days of establishing an evaluation monitoring program. For MSW landfills, the discharger shall comply with the additional notification and monitoring system requirements incorporated by reference into SWRCB Resolution No. 93-62, regarding notification and monitoring relative to offsite or potential off-site migration of waste constituents [see §§ 258.55(g)(1)(ii & iii) of 40CFR258].

(c) 90 Days to Update EFS--Based on the data collected pursuant to ¶(b) and ¶(e), the discharger shall update the engineering feasibility study for corrective action required pursuant to § 20420(k)(6). The discharger shall submit this updated engineering feasibility study to the RWQCB within 90 days of establishing an evaluation monitoring program.

(d) 90 Days to Amend ROWD--Based on the data collected pursuant to ¶(b) and on the engineering feasibility study submitted pursuant to ¶(c), the discharger shall submit an amended report of waste discharge to establish a corrective action program meeting the requirements of § 20430. The discharger shall submit this report to the RWQCB within 90 days of establishing an evaluation monitoring program.

(1) MSW Landfills--For MSW landfills, the discharger shall meet the additional federal notification requirements incorporated by reference by SWRCB Resolution No. 93-62 [see 40CFR258.56(d)].

(2) Minimum ROWD Update--This report shall at a minimum include the following information:

(A) Delineation of Release--a detailed assessment of the nature and extent of the release from the Unit;

(B) Water Standard--a proposed Water Standard under § 20390, including any proposed CLGBs under § 20400, and all data necessary to justify each such limit;

(C) Corrective Action Measures--a detailed description of proposed corrective action measures that will be taken to achieve compliance with the Water Standard proposed for a corrective action program; and

(D) Monitoring Plan--a plan for a water quality monitoring program that will demonstrate the effectiveness of the proposed corrective action.

(3) Coordinated Landfill Gas Control--For landfills at which the information submitted under ¶(d) indicates that the release likely involves landfill gas, the RWQCB shall notify and shall coordinate, as appropriate, with the EA and (as appropriate) the CIWMB in developing those aspects of the corrective action program involving the design, installation, and operation of the landfill-gas control and monitoring systems at the Unit, such that the resulting gas control program satisfies the needs of all agencies concerned. [Note: the CIWMB's gas control regulations are in Article 6, Subchapter 4, Chapter 3 (§ 20920 et seq.)]

(e) Ongoing Monitoring--In conjunction with the assessment conducted pursuant to ¶(b), and while awaiting final approval of the amended report of waste discharge, submitted pursuant to ¶(d), the discharger shall monitor ground water, surface water, and the unsaturated zone to evaluate changes in water quality resulting from the release from the Unit. In conducting this monitoring, the discharger shall comply with the following requirements:

(1) EMP Monitoring Points--the discharger shall install water quality monitoring systems that are appropriate for evaluation monitoring and that comply with the provisions of § 20415. These water quality monitoring systems can include all or part of existing monitoring systems;

(2) EMP 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 § 20415. The list for each medium shall include all hazardous constituents that have been detected in that medium and those physical parameters, waste constituents, and reaction products that provide a reliable indication of changes in water quality resulting from any release from the Unit to that medium. For MSW landfills, the list of Monitoring Parameters must also meet the federal requirements incorporated by reference into SWRCB Resolution No. 93-62 [see § 258.54(a) and § 258.55(a) of 40CFR258]. The RWQCB shall specify each list of Monitoring Parameters in the WDRs after considering the following factors:

(A) the types, quantities, and concentrations of COCs in wastes managed at the Unit;

(B) information that demonstrates, to the satisfaction of the RWQCB, a sufficient correlation between the proposed Monitoring Parameters and the COCs specified for the Unit;

(C) the mobility, stability, and persistence of COCs [i.e., waste constituents and their (known or anticipated) reaction products];

(D) the detectability of COCs and of monitored physical parameters; and

(E) the background values and the coefficients of variation of proposed Monitoring Parameters in ground water, surface water, and the unsaturated zone;

(3) Monitoring Parameter Analyses--the discharger shall monitor for the Monitoring Parameters listed in the WDRs pursuant to ¶(e)(2). The discharger shall use data analysis methods and frequencies for collecting samples and for conducting data analyses that comply with § 20415(e)(7) for evaluating changes in water quality due to the release from the Unit;

(4) Five-Yearly COC Monitoring--in addition to monitoring for the Monitoring Parameters specified pursuant to ¶(e)(3), at least every five years, the discharger shall periodically monitor for all constituents of concern specified in the WDRs to evaluate changes in water quality due to the release from the Unit. The discharger shall use data analysis methods for conducting data anlsyses that comply with § 20415(e)(7) for evaluating changes in water quality due to the release from the Unit;

(5) Data Records & Format--the discharger shall conduct water quality monitoring for each Monitoring Parameter and each COC in accordance with § 20415(e)(12). The discharger shall maintain a record of water quality analytical data as measured and in a form necessary for the evaluation of changes in water quality due to a release from the Unit;

(6) [Reserved.]; and

(7) Note and Report Changes--while awaiting final approval of an amended report of waste discharge [submitted under ¶(e)] to establish a corrective action program, the discharger shall evaluate all water quality data obtained pursuant to ¶(e) with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the discharger shall:

(A) notify the RWQCB by certified mail within 7 days of such determination; and

(B) within 90 days of such determination, submit for approval by the RWQCB any appropriate changes to the amended report of waste discharge.

(f) Optional Demonstration--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 ground water, surface water, or the unsaturated zone. Upon a successful demonstration the RWQCB shall specify that the discharger shall reinstitute a detection monitoring program meeting the requirements of § 20420. In making a demonstration under this subsection, the discharger shall:

(1) Notification--notify the RWQCB by certified mail that the discharger intends to make a demonstration pursuant to this subsection;

(2) Submit Demonstration Report--submit a report to the RWQCB that demonstrates 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;

(3) Submit Amended ROWD--submit to the RWQCB an amended report of waste discharge to reinstitute a detection monitoring program for the Unit. This report shall propose all appropriate changes to the monitoring program; and

(4) Continue EMP Monitoring--continue to monitor in accordance with the evaluation monitoring program established pursuant to this section.

(g) Interim CAMs--The RWQCB shall require interim corrective action measures where necessary to protect human health or the environment.

(h) Discharger-Initiated EMP Changes--If the discharger determines that the evaluation monitoring program does not satisfy the requirements of this section, the discharger shall, within 90 days, submit an amended report of waste discharge to make any appropriate changes to the program.

(i) RWQCB-Initiated EMP Changes--Any time the RWQCB determines that the evaluation 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 of such notification by the RWQCB, submit an amended report of waste discharge to make appropriate changes to the program.

Credits

Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304 Water Code; and Section 43103, Public Resources Code.