Section 20435 - SWRCB - Unsaturated Zone Monitoring and Response Provisions for Land Treatment Units (LTUs). (C15: s2550.11) (California Code of Regulations)

§ 20435. SWRCB - Unsaturated Zone Monitoring and Response Provisions for Land Treatment Units (LTUs). (C15: s2550.11)

(a) General -A discharger required pursuant to the provisions of this article to conduct unsaturated zone monitoring at a land treatment unit (LTU) shall comply with the unsaturated zone monitoring and response provisions of this section in conjunction with all other unsaturated zone monitoring and response provisions of this article.

(b) Monitor Below Zone -The discharger shall monitor the soil and soil-pore liquid to determine whether COCs migrate out of the treatment zone.

(c) Mon. Pars. & COCs -The RWQCB shall specify the Monitoring Parameters and Constituents of Concern to be monitored in the WDRs. The Monitoring Parameters to be monitored are those specified pursuant to s20420(e)for detection monitoring and s20425(e)(2) for evaluation monitoring. The COCs to be monitored are those specified in the Water Standard specified under s20390 for each monitoring and response program. The COCs to be monitored shall include the constituents, including hazardous constituents, that must be degraded, transformed, or immobilized in the treatment zone of the LTU.

(d) [Reserved.]

(e) Monitoring Below Treatment Zone -The discharger shall install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using appropriate devices such as lysimeters capable of acquiring soil-pore liquid samples. The unsaturated zone monitoring system shall consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:

(1) represent the quality of background soil-pore liquid quality and the chemical makeup of soil that has not been affected by a release from the treatment zone; and

(2) indicate the quality of soil-pore liquid and the chemical makeup of the soil below the treatment zone.

(f) Background -The discharger shall establish a background value for each monitoring parameter and each COC to be monitored under ¶(c). The discharger shall propose, for approval by the RWQCB, the background values for each Monitoring Parameter and each COC or the procedures to be used to calculate the background values according to the provisions of s20415(e)(10). The RWQCB shall specify the background values or procedures in WDRs according to s20415(e)(10).

(g) Background Plot -Background soil values may be based on a one-time sampling at a background plot having characteristics similar to those of the treatment zone. For new land treatment units, background soil values shall include data from sampling at the proposed plot for the unit.

(h) Initial Background Data -Background soil-pore liquid values shall be based on at least quarterly sampling for one year at a background plot having characteristics similar to those of the treatment zone. For new land treatment units, background soil-pore liquid values shall include data from sampling at the proposed plot for the Unit.

(i) Data Format -The discharger shall express all background values in a form necessary for the determination of "measurably significant" (see s20164) increases pursuant to ¶(n).

(j) Performance Standard -In taking samples used in the determination of all background values, the discharger shall use an unsaturated zone monitoring system that complies with ¶(e)(1).

(k) Timing & Frequency -The discharger shall conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The RWQCB shall specify the frequency and timing of soil and soil-pore liquid monitoring in the WDRs after considering all other monitoring provisions of this article, the frequency, timing, and rate of waste application, the soil hydraulic conductivity, and the maximum anticipated rate of migration. The discharger shall express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of "measurably significant" (see s20164) increases pursuant to ¶(n).

(l) Propose Procedures -The discharger shall propose, for approval by the RWQCB, consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical makeup of the soil below the treatment zone. At a minimum, the discharger shall implement the approved procedures and techniques for:

(1) sample collection;

(2) sample preservation and shipment;

(3) analytical procedures; and

(4) chain of custody control.

(m) Testing -The discharger shall determine whether there is a "measurably significant" (see s20164) increase below the treatment zone using a statistical method that provides reasonable confidence that migration from the treatment zone will be identified. The discharger shall propose each statistical method in accordance with the provisions of this subsection and pursuant to the provisions of s20415(e)(7). The RWQCB shall specify each statistical method pursuant to s20415(e)(7) that the RWQCB finds:

(1) is appropriate for the distribution of the data used to establish background values; and

(2) provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone.

(n) Coordinate w/DMP Sampling -The discharger shall determine whether there is a "measurably significant" (see s20164) change over background values for each Monitoring Parameter [or, on a five-yearly basis under s20420(g), for each COC] to be monitored below the treatment zone each time the discharger conducts soil monitoring and soil-pore liquid monitoring under ¶(k).

(o) Data Analysis -In determining whether a "measurably significant" (see s20164) increase has occurred, the discharger shall compare the value of each parameter or constituent, using data obtained pursuant to ¶(n), to the background value for that parameter or constituent by using an appropriate statistical procedure specified in the WDRs pursuant to this section.

(p) Timing of Data Analysis -The discharger shall determine whether there has been a "measurably significant" (see s20164) increase below the treatment zone within a reasonable time period after completion of sampling. The RWQCB shall specify this time period in the WDRs after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples.

(q) Discovery of a Release -If the discharger determines pursuant to ¶(n), that there has been a "measurably significant" (see s20164) increase in the value of a hazardous constituent below the treatment zone the discharger shall:

(1) report to the RWQCB describing the full extent of the dischargers findings, including the identification of all constituents that have shown a "measurably significant" (see s20164) increase, within 72 hours of making such a determination; and

(2) submit written notification of this finding to the RWQCB within seven days of making such a determination.

(r) Release Response Options -Upon receiving notice pursuant to ¶(q) or upon the independent confirmation by the RWQCB, the RWQCB shall order the discharger to cease operating the LTU. The discharger shall not resume operating the LTU and shall close the LTU unless one of the following actions is taken:

(1) Cleanup, and Change Practices -the discharger completes appropriate removal or remedial actions to the satisfaction of the RWQCB and the discharger submits to the RWQCB and the RWQCB approves, an amended report of waste discharge to modify the operating practices at the unit to maximize the success of degradation, immobilization, or transformation processes in the treatment zone; or

(2) Cleanup, Line Unit, and Change Practices -the discharger completes appropriate removal or remedial actions, submits to the RWQCB and the RWQCB approves, an amended report of waste discharge to modify the operating practices at the unit to maximize the success of degradation, immobilization, or transformation processes in the treatment zone, and equips the land treatment unit with liners, and a leachate collection and removal system that satisfy the provisions of s20330 and s20340.

(s) Schedule of Compliance -All actions taken by a discharger pursuant to ¶(r)(1 or 2) shall be completed within a time period specified by the RWQCB, which shall not exceed 18 months after the RWQCB receives notice pursuant to ¶(q)(1). If the actions are not completed within this time period, the LTU shall be closed, unless granted an extension by the RWQCB due to exceptional circumstances beyond the control of the discharger.

(t) Optional Demonstration -If the discharger determines pursuant to ¶(n) that there is a "measurably significant" (see s20164) increase of hazardous constituents below the treatment zone, the discharger may demonstrate that the increase resulted from an error in sampling, analysis, or evaluation. While the discharger may make a demonstration pursuant to this subsection in addition to or in lieu of the requirements of ¶(r)(1 or 2), the discharger is not relieved of the requirements of ¶(r and s) unless the demonstration made pursuant to this subsection successfully shows that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration pursuant to this subsection, the discharger shall:

(1) Notification -notify the RWQCB of this finding in writing within seven days of determining a "measurably significant" (see s20164) increase beneath the treatment zone that the discharger intends to make a demonstration pursuant to this subsection;

(2) Demonstration Submittal Deadline -within 90 days of such determination, submit a report to the RWQCB demonstrating that the increase resulted from error in sampling, analysis, or evaluation;

(3) Amended ROWD Submittal Deadline -within 90 days of such determination, submit to the RWQCB an amended report of waste discharge to make any appropriate changes to the unsaturated zone monitoring program for the LTU; and

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

(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, 13267 and 13304, Water Code; and Section 43103, Public Resources Code.

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