Section 20420 - SWRCB - Detection Monitoring Program. (C15: s2550.8) (California Code of Regulations)

§ 20420. SWRCB - Detection Monitoring Program. (C15: s2550.8)

(a) General -A discharger required, pursuant to s20385, to establish a detection monitoring program for a Unit shall, at a minimum, comply with the requirements of this section for that Unit.

(b) Standards -The discharger subject to this section shall install water quality monitoring systems that are appropriate for detecting, at the earliest possible time, a release from the Unit, and that comply with applicable provisions of s20415.

(c) Background -The discharger shall establish a background value pursuant to s20415(e)(10) for each Monitoring Parameter specified pursuant to ¶(e) and for each Constituent of Concern under s20395.

(d) Water Standard -The RWQCB shall specify the Water Standard under s20390 in the WDRs.

(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 s20415, 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:

(1) the types, quantities, and concentrations of constituents in wastes managed at the Unit;

(2) the expected or demonstrated correlation between the proposed Monitoring Parameters and the Constituents of Concern specified for the Unit under s20395;

(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) Routine Monitoring -The discharger shall monitor [pursuant to ¶(i)] for the Monitoring Parameters listed in the WDRs pursuant to ¶(e). The RWQCB shall specify the frequencies for collecting samples and for analyzing the resulting data, pursuant to s20415(e)(12).

(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 s20164) evidence of a release for any COC using the data analysis procedure specified pursuant to s20415(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.

(h) Data Record & Format -The discharger shall maintain a record of water quality analytical data as measured and in a form necessary for implementing the data analysis procedure required pursuant to ¶(g) and ¶(i).

(i) Data Analysis -For each Monitoring Point, the discharger shall determine whether there is "measurably significant" (see s20164) evidence of a release from the Unit for any Monitoring Parameter (or COC) specified in the WDRs pursuant to ¶(e) at a frequency specified pursuant to ¶(f) or ¶(g).

(1) In determining whether "measurably significant" (see s20164) evidence of a release from the Unit exists, the discharger shall use the method(s) chosen pursuant to s20415(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 s20400(i).

(2) Determination -The discharger shall determine whether there is "measurably significant" (see s20164) 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 s20164) 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 s20164) evidence of a release from the Unit.

(j) If Release Indicated -If the discharger determines pursuant to ¶(i) that there is "measurably significant" (see s20164) evidence of a release from the Unit, the discharger:

(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 s20164) evidence of a release from the Unit;

(2) Retest Optional -can immediately initiate the verification procedure pre-approved by the RWQCB [pursuant to s20415(e)(8)(E)] to verify that there is "measurably significant" (see s20164) evidence of a release from the Unit for a parameter or constituent which has indicated a release at a Monitoring Point; and

(3) Next Step -immediately following detection of a release [or after completing the retest under ¶(j)(2)], shall comply with the requirements of ¶(k).

(k) Responding to Release Discovery -If a verification procedure, performed pursuant to ¶(j)(2), confirms that there is "measurably significant" (see s20164) evidence of a release from the Unit or if the discharger does not resample the discharger shall perform the following:

(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;

(2-4) [Reserved.];

(5) Amended ROWD Proposing EMP -within 90 days of determining "measurably significant" (see s20164) evidence of a release, submit to the RWQCB an amended report of waste discharge to establish an evaluation monitoring program meeting the provisions of s20425. The report shall include the following information:

(A) COC Concentrations -the maximum concentration of each COC at each Monitoring Point as determined during the most recent COC sampling event [i.e., under ¶(g) or ¶(k)(1)];

(B) Proposed Monitoring System Changes -any proposed changes to the water quality monitoring systems at the Unit necessary to meet the provisions of s20425;

(C) Proposed Monitoring Changes -any proposed additions or changes to the monitoring frequency, sampling and analytical procedures or methods, or statistical methods used at the Unit necessary to meet the provisions of s20425; and

(D) Proposed Delineation Approach -a detailed description of the measures to be taken by the discharger to assess the nature and extent of the release from the Unit;

(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 s20430. 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 s20164) 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:

(A) Notification of Intent -within seven days of determining "measurably significant" (see s20164) evidence of a release, notify the RWQCB by certified mail that the discharger intends to make a demonstration pursuant to this subsection [¶(k)(7)];

(B) Demonstration Due Date -within 90 days of determining "measurably significant" (see s20164) 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;

(C) Amended ROWD -within 90 days of determining "measurably significant" (see s20164) evidence of a release, submit to the RWQCB an amended report of waste discharge to make any appropriate changes to the detection monitoring program; and

(D) DMP Continues -continue to monitor in accordance with the detection monitoring program established pursuant to this section.

(l) Changes in Response to Other Problems -If the discharger determines that there is significant physical evidence of a release, as described in s20385(a)(3), or that the detection monitoring program does not satisfy the requirements of this section, the discharger shall:

(1) notify the RWQCB 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) 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.

(n) [Reserved.]

(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).)

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

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