(1)

(2) The owner or operator is not subject to regulations under this section if:

(3) The regulations under this section apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the regulations in this section:

(4) Regulations in this Subpart may apply to miscellaneous units when necessary to comply with section 373-2.24(b), (c) and (d) of this Subpart.

(5) The regulations of this section apply to all owners and operators subject to the requirements of section 373-1.2(e)(3) of this Part, when the department issues either a post-closure permit or an enforceable document (as defined in section 373-1.2[e][3] of this Part), at the facility. When the department issues an enforceable document, references in this section to in the permit mean in the enforceable document.

(6) The department may replace all or part of the requirements of subdivisions (b) through (k) of this section applying to a regulated unit with alternative requirements for groundwater monitoring and corrective action for releases to groundwater set out in the permit (or in an enforceable document) (as defined in section 373-1.2[e][3] of this Part) where the department determines that:

(1) Owners and operators subject to this section must conduct a monitoring and response program as follows:

(2) The commissioner will specify in the facility permit the specific elements of the monitoring and response program. The commissioner may include one or more of the programs identified in paragraph (1) of this subdivision in the facility permit as may be necessary to protect human health and the environment, and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the commissioner will consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken.

(1) The commissioner will specify in the facility permit the hazardous constituents to which the ground-water protection standard of subdivision (c) of this section applies. Hazardous constituents are constituents identified in Appendix 23, infra, that have been detected in ground water in the uppermost aquifer underlying a regulated unit, and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the commissioner has excluded them under paragraph (2) of this subdivision.

(2) The commissioner will exclude an Appendix 23 constituent from the list of hazardous constituents specified in the facility permit if the commissioner finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the commissioner will consider the following:

(3) In making any determination under paragraph (2) of this subdivision about the use of ground water in the area around the facility, the commissioner will consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR 144.8 (see section 370.1[e] of this Title).

(1) The commissioner will specify in the facility permit concentration limits in the ground water for hazardous constituents established under subdivision (d) of this section. The concentration of a hazardous constituent:

(2) The commissioner will establish an alternate concentration limit for a hazardous constituent if the commissioner finds that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the commissioner will consider the following factors:

(3) In making any determination under paragraph (2) of this subdivision about the use of ground water in the area around the facility, the commissioner will consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR 144.8 (see section 370.1[e] of this Title).

(1) The commissioner will specify in the facility permit the point of compliance at which the ground-water protection standard of subdivision (c) of this section applies, and at which monitoring must be conducted. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units.

(2) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit.

(1) The commissioner will specify in the facility permit the compliance period during which the ground-water protection standard of subdivision (c) of this section applies. The compliance period is the number of years equal to the active life of the waste management area (including any waste management activity prior to permitting) and the closure period.

(2) The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the requirements of subdivision (j) of this section.

(3) If the owner or operator is engaged in a corrective action program at the end of the compliance period specified in paragraph (1) of this subdivision, the compliance period is extended until the owner or operator can demonstrate that the ground-water protection standard of subdivision (c) of this section has not been exceeded for a period of three consecutive years.

(1) The groundwater monitoring system must consist of a sufficient number of wells, installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that:

(2) If a facility contains more than one regulated unit, separate ground-water monitoring systems are not required for each regulated unit, provided that provisions for sampling the ground water in the uppermost aquifer will enable detection and measurement at the compliance point of hazardous constituents from the regulated units that have entered the ground water in the uppermost aquifer. The commissioner may require separate monitoring systems for separate waste management components.

(3) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring-well bore hole. This casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of ground-water samples. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth must be sealed to prevent contamination of samples and the ground water.

(4) The ground-water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of ground-water quality below the waste management area. At a minimum, the program must include procedures and techniques for:

(5) The ground-water monitoring program must include sampling and analytical methods that are appropriate for ground-water sampling and that accurately measure hazardous constituents in ground-water samples.

(6) The ground-water monitoring program must include a determination of the ground-water surface elevation each time ground water is sampled.

(7) In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent specified in the permit will be collected from background wells and wells at the compliance point(s). The number and kinds of samples collected to establish background shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that a contaminant release to groundwater from a facility will be detected. The owner or operator will determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility permit which shall be specified in the unit permit upon approval by the commissioner. This sampling procedure shall be:

(8) The owner or operator will specify one of the following statistical methods to be used in evaluating groundwater monitoring data for each hazardous constituent which, upon approval by the commissioner, will be specified in the unit permit. The statistical test chosen shall be conducted separately for each hazardous constituent in each well. Where practical quantification limits (pql's) are used in any of the following statistical procedures to comply with subparagraph (9)(v) of this subdivision, the pql must be proposed by the owner or operator and approved by the commissioner. Use of any of the following statistical methods must be protective of human health and the environment and must comply with the performance standards outlined in paragraph (9) of this subdivision.

(9) Any statistical method chosen under paragraph (8) of this subdivision for specification in the unit permit shall comply with the following performance standards, as appropriate:

(10) Ground-water monitoring data collected in accordance with paragraph (7) of this subdivision including actual levels of constituents must be maintained in the facility operating record. The commissioner will specify in the permit when the data must be submitted for review.

(1) The owner or operator must monitor for indicator parameters (e.g., specific conductance, total organic carbon or total organic halogen waste constituents, or reaction products that provide a reliable indication of the presence of hazardous constituents in groundwater. The department will specify the parameters or constituents to be monitored in the facility permit, after considering the following factors:

(2) The owner or operator must install a ground-water monitoring system at the compliance point as specified under subdivision (f) of this section. The ground-water monitoring system must comply with subparagraph (h)(1)(ii), and paragraphs (h)(2)-(3) of this section.

(3) The owner or operator must conduct a ground-water monitoring program for each chemical parameter and hazardous constituent specified in the permit pursuant to paragraph (1) of this subdivision in accordance with paragraph (h)(7) of this section. The owner or operator must maintain a record of ground-water analytical data as measured and in a form necessary for the determination of statistical significance under paragraph (h)(8) of this section.

(4) The department will specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the permit under paragraph (1) of this subdivision in accordance with paragraph (h)(7) of this section.

(5) The owner or operator must determine the ground-water flow rate and direction in the uppermost aquifer at least annually.

(6) The owner or operator must use procedures and methods for sampling and analysis that meet the requirements of paragraphs (h)(4)-(5) of this section.

(7) The owner or operator must determine whether there is statistically significant evidence of contamination for any chemical parameter or hazardous constituent specified in the permit pursuant to paragraph (1) of this subdivision at a frequency specified under paragraph (4) of this subdivision.

(8) If the owner or operator determines, pursuant to paragraph (7) of this subdivision, that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to paragraph (1) of this subdivision at any monitoring well at the compliance point, he or she must:

(9) If the owner or operator determines, pursuant to paragraph (7) of this subdivision, that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to paragraph (1) of this subdivision at any monitoring well at the compliance point, he or she may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the groundwater. While the owner or operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting a permit modification application under subparagraph (8)(iv) of this subdivision, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in subparagraph (8)(iv) of this subdivision unless the demonstration made under this paragraph successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis or evaluation. In making a demonstration under this paragraph, the owner or operator must:

(10) If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of this section, he or she must, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.

(1) The owner or operator must monitor the ground water to determine whether regulated units are in compliance with the ground-water protection standard under subdivision (c) of this section. The commissioner will specify the ground-water protection standard in the facility permit, including:

(2) The owner or operator must install a ground-water monitoring system at the compliance point as specified under subdivision (f) of this section. The ground-water monitoring system must comply with subparagraph (h)(1)(ii) and paragraphs (h)(2)-(3) of this section.

(3) The commissioner will specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with paragraphs (h)(7) and (8) of this section.

(4) The owner or operator must determine the ground-water flow rate and direction in the uppermost aquifer at least annually.

(5) The department will specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with paragraph (h)(7) of this section.

(6) Annually, the owner or operator must determine whether additional hazardous constituents from Appendix 33, which could possibly be site-related compounds, but are not on the detection monitoring list in the permit, are actually present in the uppermost aquifer and, if so, at what concentration pursuant to procedures in paragraph (i)(7) of this section. To accomplish this, the owner or operator must consult with the department. The department will determine on a case-by-case basis: which sample collection event during the year will involve enhanced sampling; the number of monitoring wells at the compliance point to undergo enhanced sampling; the number of samples to be collected from each of these monitoring wells; and, the specific constituents from Appendix 33 of this Title for which these samples must be analyzed. If the enhanced sampling event indicates that Appendix 33 constituents are present in the groundwater that are not already identified in the permit as monitoring constituents, the owner or operator may resample within one month or at an alternative site-specific schedule approved by the department, and repeat the analysis. If the second analysis confirms the presence of new constituents, the owner or operator must report the concentration of these additional constituents to the department within seven days after completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then he or she must report the concentrations of these additional constituents to the department within seven days after completion of the initial analysis and add them to the monitoring list. Notwithstanding the above reporting requirements, any other applicable statutory and regulatory reporting requirements apply.

(7) The owner or operator must use procedures and methods for sampling and analysis that meet the requirements of paragraphs (h)(4)-(5) of this section.

(8) The owner or operator must determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the permit, pursuant to paragraph (1) of this subdivision, at a frequency specified under paragraph (5) of this subdivision.

(9) If the owner or operator determines, pursuant to paragraph (8) of this subdivision, that any concentration limits under subdivision (e) of this section are being exceeded at any monitoring well at the point of compliance, he or she must:

(10) If the owner or operator determines, pursuant to paragraph (8) of this subdivision, that the ground-water concentration limits under this section are being exceeded at any monitoring well at the point of compliance, he or she may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis or statistical evaluation or natural variation in the ground water. In making a demonstration under this paragraph, the owner or operator must:

(11) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this section, the owner or operator must, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.

(1) The owner or operator must take corrective action to ensure that regulated units are in compliance with the ground-water protection standard under subdivision (c) of this section. The commissioner will specify the ground-water protection standard in the facility permit, including:

(2) The owner or operator must implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place. The permit will specify the specific measures that will be taken.

(3) The owner or operator must begin corrective action within a reasonable time period after the ground-water protection standard is exceeded. The commissioner will specify that time period in the facility permit. If a facility permit includes a corrective action program in addition to a compliance monitoring program, the permit will specify when the corrective action will begin and such a requirement will operate in lieu of subparagraph (j)(9)(ii) of this section.

(4) In conjunction with a corrective action program, the owner or operator must establish and implement a ground-water monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under subdivision (j) of this section and must be as effective as the program in determining compliance with the ground-water protection standard under subdivision (c) and in determining the success of a corrective action program under paragraph (5) of this subdivision, where appropriate.

(5) In addition to the other requirements of this subdivision, the owner or operator must conduct a corrective action program to remove or treat in place any hazardous constituents under subdivision (d) of this section that exceed concentration limits under subdivision (e) of this section in ground water:

(6) The owner or operator must continue corrective action measures during the compliance period to the extent necessary to ensure that the ground-water protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, that corrective action must be continued for as long as necessary to achieve compliance with the ground-water protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if the owner or operator can demonstrate, based on data from the ground-water monitoring program under paragraph (4) of this subdivision, that the ground- water protection standard of subdivision (c) of this section has not been exceeded for a period of three consecutive years.

(7) The owner or operator must report in writing to the department on the effectiveness of the corrective action program. The owner or operator must submit these reports annually unless directed by the department to submit the reports semi-annually.

(8) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, the owner or operator must, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.

(1) The owner or operator of a facility which has, had, should have had, or is seeking a permit for the treatment, storage or disposal of hazardous waste must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time the waste was placed in such unit.

(2) Corrective action will be specified in the permit or order in accordance with this subdivision and section 373-2.19 of this Subpart. The permit or order will contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit or order) and assurances of financial responsibility as defined in section 373-2.8 of this Subpart, except that language is added to the financial assurance mechanism to include corrective action; or as specified in the Part 373 permit for completing such corrective action.

(3) The owner or operator must implement corrective actions beyond the facility property boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the commissioner that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such actions. The owner or operator is not relieved of responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. Assurances of financial responsibility for such corrective action must be provided.

(4) This subdivision does not apply to remediation waste management sites unless they are part of a facility subject to a permit for treating, storing or disposing of hazardous wastes that are not remediation wastes.