Ala. Admin. Code r. 335-13-15-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-13-15-.06 - Groundwater Monitoring And Corrective Action

(1) Applicability.

(a) All CCR landfills, CCR surface impoundments, and lateral expansions of CCR units are subject to the groundwater monitoring and corrective action requirements under 335-13-15-.06(1) through 335-13-15-.06(9).

(b) Initial timeframes.

1. Existing CCR landfills and existing CCR surface impoundments. No later than October 17, 2017, the owner or operator of the CCR unit must be in compliance with the following groundwater monitoring requirements:

(i) Install the groundwater monitoring system as required by 335-13-15-.06(2);

(ii) Develop the groundwater sampling and analysis program to include selection of the statistical procedures to be used for evaluating groundwater monitoring data as required by 335-13-15-.06(4);

(iii) Initiate the detection monitoring program to include obtaining a minimum of eight independent samples for each background and downgradient well as required by 335-13-15-.06(5)(b); and

(iv) Begin evaluating the groundwater monitoring data for statistically significant increases over background levels for the constituents listed in Appendix III as required by 335-13-15-.06(5).

2. New CCR landfills, new CCR surface impoundments, and all lateral expansions of CCR units. Prior to initial receipt of CCR by the CCR unit, the owner or operator must be in compliance with the groundwater monitoring requirements specified in 335-13-15-.06(1)(b)1.(i)and (ii). In addition, the owner or operator of the CCR unit must initiate the detection monitoring program to include obtaining a minimum of eight independent samples for each background well as required by 335-13-15-.06(5)(b).

(c) Once a groundwater monitoring system and groundwater monitoring program has been established at the CCR unit as required by this chapter, the owner or operator must conduct groundwater monitoring and, if necessary, corrective action throughout the active life and post-closure care period of the CCR unit.

(d) In the event of a release from a CCR unit, the owner or operator must immediately take all necessary measures to control the source(s) of releases so as to reduce or eliminate, to the maximum extent feasible, further releases of contaminants into the environment. The owner or operator of the CCR unit must comply with all applicable requirements in 335-13-15-.06(7), 335-13-15-.06(8), and 335-13-15-.06(9).

(e) Annual groundwater monitoring and corrective action report. For existing CCR landfills and existing CCR surface impoundments, no later than January 31, 2018, and annually thereafter, the owner or operator must prepare an annual groundwater monitoring and corrective action report. For new CCR landfills, new CCR surface impoundments, and all lateral expansions of CCR units, the owner or operator must prepare the initial annual groundwater monitoring and corrective action report no later than January 31 of the year following the calendar year a groundwater monitoring system has been established for such CCR unit as required by this chapter, and annually thereafter. For the preceding calendar year, the annual report must document the status of the groundwater monitoring and corrective action program for the CCR unit, summarize key actions completed, describe any problems encountered, discuss actions to resolve the problems, and project key activities for the upcoming year. The owner or operator has prepared the annual report when the report is submitted to the Department and placed in the facility's operating record as required by 335-13-15-.08(1)(h)1. At a minimum, the annual groundwater monitoring and corrective action report must contain the following information, to the extent available:

1. A map, aerial image, or diagram showing the CCR unit and all background (or upgradient) and downgradient monitoring wells, to include the well identification numbers, that are part of the groundwater monitoring program for the CCR unit;

2. Identification of any monitoring wells that were installed or decommissioned during the preceding year, along with a narrative description of why those actions were taken;

3. In addition to all the monitoring data obtained under 335-13-15-.06(1) through 335-13-15-.06(9), a summary including the number of groundwater samples that were collected for analysis for each background and downgradient well, the dates the samples were collected, and whether the sample was required by the detection monitoring or assessment monitoring programs;

4. A narrative discussion of any transition between monitoring programs (e.g., the date and circumstances for transitioning from detection monitoring to assessment monitoring in addition to identifying the constituent(s) detected as a statistically significant increase over background levels); and

5. Other information required to be included in the annual report as specified in 335-13-15-.06(1) through 335-13-15-.06(9).

6. A section at the beginning of the annual report that provides an overview of the current status of groundwater monitoring and corrective action programs for the CCR unit. At a minimum, the summary must specify all of the following:

(i) At the start of the current annual reporting period, whether the CCR unit was operating under the detection monitoring program in 335-13-15-.06(5) or the assessment monitoring program in 335-13-15-.06(6);

(ii) At the end of the current annual reporting period, whether the CCR unit was operating under the detection monitoring program in 335-13-15-.06(5) or the assessment monitoring program in 335-13-15-.06(6);

(iii) If it was determined that there was a statistically significant increase over background for one or more constituents listed in Appendix III pursuant to 335-13-15-.06(5)(e):

I. Identify those constituents listed in Appendix III and the names of the monitoring wells associated with such an increase; and

II. Provide the date when the assessment monitoring program was initiated for the CCR unit.

(iv) If it was determined that there was a statistically significant level above the groundwater protection standard for one or more constituents listed in Appendix IV pursuant to 335-13-15-.06(6)(g) include all of the following:

I. Identify those constituents listed in Appendix IV and the names of the monitoring wells associated with such an increase;

II. Provide the date when the assessment of corrective measures was initiated for the CCR unit;

III. Provide the date when the public meeting was held for the assessment of corrective measures for the CCR unit; and

IV. Provide the date when the assessment of corrective measures was completed for the CCR unit.

(v) Whether a remedy was selected pursuant to 335-13-15-.06(8) during the current annual reporting period, and if so, the date of remedy selection; and

(vi) Whether remedial activities were initiated or are ongoing pursuant to 335-13-15-.06(9) during the current annual reporting period.

(f) Semi-annual groundwater monitoring report. The owner or operator of a CCR unit must submit a semi-annual groundwater monitoring report to the Department to coincide with the semi-annual sampling event. The report shall be certified by a qualified professional engineer. The semi-annual report must document the status of the groundwater monitoring program for the CCR unit. The owner or operator has prepared the semi-annual report when the report is submitted to the Department and placed in the facility's operating record as required by 335-13-15-.08(1)(h)14. At a minimum, the semi-annual groundwater monitoring report must contain the following information, to the extent available:

2. Identification of any monitoring wells that were installed or decommissioned during the preceding semi-annual period;

(g) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(h), the notification requirements specified in 335-13-15-.08(2)(h), and the internet requirements specified in 335-13-15-.08(3)(h).

(2) Groundwater monitoring systems.

(a) Performance standard. The owner or operator of a CCR unit must install a groundwater monitoring system that consists of a sufficient number of wells, installed at appropriate locations and depths, to yield groundwater samples from the uppermost aquifer that:

1. Accurately represent the quality of background groundwater that has not been affected by leakage from a CCR unit. A determination of background quality may include sampling of wells that are not hydraulically upgradient of the CCR management area where:

(i) Hydrogeologic conditions do not allow the owner or operator of the CCR unit to determine what wells are hydraulically upgradient; or

(ii) Sampling at other wells will provide an indication of background groundwater quality that is as representative or more representative than that provided by the upgradient wells; and

2. Accurately represent the quality of groundwater passing the waste boundary of the CCR unit. The downgradient monitoring system must be installed at the waste boundary that ensures detection of groundwater contamination in the uppermost aquifer. All potential contaminant pathways must be monitored.

(b) The number, spacing, and depths of monitoring systems shall be determined based upon site-specific technical information that must include thorough characterization of:

1. Aquifer thickness, groundwater flow rate, groundwater flow direction, including seasonal and temporal fluctuations in groundwater flow; and

2. Saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including, but not limited to, thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities and effective porosities.

3. The number, spacing, and depth of the monitoring system developed under 335-13-15-.06(2) shall be certified by a qualified professional engineer and submitted to the Department for approval. Within 14 days of the Department's approval, the owner or operator must notify the Department that the certification has been placed in the facility operating record.

(c) The groundwater monitoring system must include, at a minimum, the number of monitoring wells necessary to meet the performance standards specified in 335-13-15-.06(2)(a), based on the site-specific information specified in 335-13-15-.06(2)(b). The groundwater monitoring system must contain:

1. A minimum of one upgradient and three downgradient monitoring wells; and

2. Additional monitoring wells as necessary to accurately represent the quality of background groundwater that has not been affected by leakage from the CCR unit and the quality of groundwater passing the waste boundary of the CCR unit.

(d) The owner or operator of multiple CCR units may install a multiunit groundwater monitoring system instead of separate groundwater monitoring systems for each CCR unit.

1. The multiunit groundwater monitoring system must be equally as capable of detecting monitored constituents at the waste boundary of the CCR unit as the individual groundwater monitoring system specified in 335-13-15-.06(2)(a) through (c) for each CCR unit based on the following factors:

(i) Number, spacing, and orientation of each CCR unit;

(ii) Hydrogeologic setting;

(iii) Site history; and

(iv) Engineering design of the CCR unit.

(e) Well design and construction.

1. Groundwater monitoring wells shall be designed and constructed in accordance with the following reference: "Design and Installation of Groundwater Monitoring Wells in Aquifers", ASTM Subcommittee D18.21 on Groundwater Monitoring or otherwise as specifically approved by the Department.

2. Plans for groundwater monitoring well location, design, construction and/or abandonment shall be submitted to the Department for review and approval prior to installation or abandonment.

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

4. The owner or operator of the CCR unit must document and include in the operating record the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices. The qualified professional engineer must be given access to this documentation when completing the groundwater monitoring system certification required under 335-13-15-.06(2)(f).

5. The monitoring wells, piezometers, and other measurement, sampling, and analytical devices must be operated and maintained so that they perform to the design specifications throughout the life of the monitoring program.

(f) The owner or operator must obtain a certification from a qualified professional engineer stating that the groundwater monitoring system has been designed and constructed to meet the requirements of this section. If the groundwater monitoring system includes the minimum number of monitoring wells specified in 335-13-15-.06(2)(c)1., the certification must document the basis supporting this determination. Once completed, the certification must be submitted to the Department and placed in the operating record in accordance with 335-13-15-.08(1)(h)3.

(g) Abandoned wells and bore holes shall be abandoned in accordance with the following procedures in order to prevent contamination of groundwater resources. A plan of abandonment must be submitted and approved by the Department prior to implementing abandonment of any well.

1. A well shall be measured for depth prior to sealing to ensure that it is free from any obstructions that may interfere with sealing operations.

2. Where feasible, wells shall be completely filled with neat cement. If the well cannot be completely filled, the sealing materials for the top 20 feet must be neat cement and no material that could impart taste, odor, or toxic components to water may be used in the sealing process.

3. Liner pipe shall be removed from each well in order to ensure placement of an effective seal. If the liner pipe cannot be readily removed, it shall be perforated to ensure that proper sealing is obtained.

4. Concrete, cement grout, or neat cement shall be used as primary sealing materials and shall be placed from the bottom upwards using methods that will avoid segregation or dilution of material.

5. Complete, accurate records of the abandonment procedure shall be kept for each well abandoned. The record of abandonment shall include, at a minimum, the depth of each layer of all sealing and backfilling materials, the quantity of sealing materials used, measurements of static water levels and depth, and any changes made in the well during the sealing. A copy of these records shall be submitted to the Department and a copy placed in the operating record.

(h) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(h), the notification requirements specified in 335-13-15-.08(2)(h), and the internet requirements specified in 335-13-15-.08(3)(h).

(3) [Reserved]

(4) Groundwater sampling and analysis requirements.

(a) The groundwater monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgradient wells required by 335-13-15-.06(2). The owner or operator of the CCR unit must develop, and submit to the Department for approval, a sampling and analysis program that includes procedures and techniques for:

1. Sample collection;

2. Sample preservation and shipment;

3. Analytical procedures;

4. Chain of custody control; and

5. Quality assurance and quality control.

(b) The groundwater monitoring program must include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituents and other monitoring parameters in groundwater samples. For purposes of 335-13-15-.06(1) through 335-13-15-.06(9), the term constituent refers to both hazardous constituents and other monitoring parameters listed in either Appendix III or IV.

(c) Groundwater elevations must be measured in each well immediately prior to purging, each time groundwater is sampled. The owner or operator of the CCR unit must determine the rate and direction of groundwater flow each time groundwater is sampled. Groundwater elevations in wells which monitor the same CCR management area must be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determination of groundwater flow rate and direction.

(d) The owner or operator of the CCR unit must establish background groundwater quality in a hydraulically upgradient or background well(s) for each of the constituents required in the particular groundwater monitoring program that applies to the CCR unit as determined under 335-13-15-.06(5)(a) or 335-13-15-.06(6)(a). Background groundwater quality may be established at wells that are not located hydraulically upgradient from the CCR unit if it meets the requirements of 335-13-15-.06(2)(a)1.

(e) The number of samples collected when conducting detection monitoring and assessment monitoring (for both downgradient and background wells) must be consistent with the statistical procedures chosen under 335-13-15-.06(4)(f) and the performance standards under 335-13-15-.06(4)(g). The sampling procedures shall be those specified under 335-13-15-.06(5)(b) through (d) for detection monitoring, 335-13-15-.06(6)(b) through (d) for assessment monitoring, and 335-13-15-.06(7)(b) for corrective action.

(f) The owner or operator of the CCR unit must specify in writing to the Department and place in the operating record one of the statistical methods specified in 335-13-15-.06(4)(f)1. through 5. to be used in evaluating groundwater monitoring data for each specified constituent. The statistical test chosen shall be conducted separately for each constituent in each monitoring well.

1. A parametric analysis of variance followed by multiple comparison procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent.

2. An analysis of variance based on ranks followed by multiple comparison procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent.

3. A tolerance or prediction interval procedure, in which an interval for each constituent is established from the distribution of the background data and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit.

4. A control chart approach that gives control limits for each constituent.

5. Another statistical test method that meets the performance standards of 335-13-15-.06(4)(g). The owner or operator must place a justification for this alternative in the operating record and submit it to the Department for approval to use this alternative method. The justification must demonstrate that the alternative method meets the performance standards of 335-13-15-.06(4)(g).

6. The owner or operator of the CCR unit must obtain a certification from a qualified professional engineer stating that the selected statistical method is appropriate for evaluating the groundwater monitoring data for the CCR management area. The certification must include a narrative description of the statistical method selected to evaluate the groundwater monitoring data.

(g) Any statistical method chosen under 335-13-15-.06(4)(f) shall comply with the following performance standards, as appropriate, based on the statistical test method used:

1. The statistical method used to evaluate groundwater monitoring data shall be appropriate for the distribution of constituents. Normal distributions of data values shall use parametric methods. Non-normal distributions shall use non-parametric methods. If the distribution of the constituents is shown by the owner or operator of the CCR unit to be inappropriate for a normal theory test, then the data must be transformed or a distribution-free (non-parametric) theory test must be used. If the distributions for the constituents differ, more than one statistical method may be needed.

2. If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a groundwater protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparison procedure is used, the Type I experiment wise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts.

3. If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be such that this approach is at least as effective as any other approach in this section for evaluating groundwater data. The parameter values shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

4. If a tolerance interval or a predictional interval is used to evaluate groundwater monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be such that this approach is at least as effective as any other approach in this section for evaluating groundwater data. These parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

5. The statistical method must account for data below the limit of detection with one or more statistical procedures that shall be at least as effective as any other approach in this section for evaluating groundwater data. Any practical quantitation limit that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.

6. If necessary, the statistical method must include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

(h) The owner or operator of the CCR unit must determine and certify in writing to the Department if there is a statistically significant increase over background values or the groundwater protection standard for each constituent required in the particular groundwater monitoring program that applies to the CCR unit, as determined under 335-13-15-.06(5)(a) or 335-13-15-.06(6)(a).

1. In determining whether a statistically significant increase has occurred, the owner or operator must compare the groundwater quality of each constituent at each monitoring well designated pursuant to 335-13-15-.06(2)(a)2. or (d)1. to the background value of that constituent when in detection monitoring or to the groundwater protection standard when in assessment monitoring, according to the statistical procedures and performance standards specified under 335-13-15-.06(4)(f) and (g).

2. Within 90 days after completing sampling and analysis, the owner or operator must determine whether there has been a statistically significant increase over background when in detection monitoring or to the groundwater protection standard when in assessment monitoring for any constituent at each monitoring well.

3. If a statistically significant increase is detected over background groundwater quality when in detection monitoring or over the groundwater protection standard when in assessment monitoring, the owner or operator must notify the Department in writing within 14 days of this event.

(i) The owner or operator must measure "total recoverable metals'' concentrations in measuring groundwater quality. Measurement of total recoverable metals captures both the particulate fraction and dissolved fraction of metals in natural waters. Groundwater samples shall not be field-filtered prior to analysis.

(j) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(h), the notification requirements specified in 335-13-15-.08(2)(h), and the internet requirements specified in 335-13-15-.08(3)(h).

(5) Detection monitoring program. The owner or operator of a CCR unit must conduct detection monitoring at all groundwater monitoring wells consistent with this section.

(a) At a minimum, a detection monitoring program must include groundwater monitoring for the constituents listed in Appendix III of this chapter.

(b) Except as provided in 335-13-15-.06(5)(d), the monitoring frequency for the constituents listed in Appendix III shall be at least semiannual during the active life of the CCR unit and the post-closure period. For existing CCR landfills and existing CCR surface impoundments, a minimum of eight independent samples from each background and downgradient well must be collected and analyzed for the constituents listed in Appendix III and Appendix IV, for the purpose of establishing background concentrations no later than October 17, 2017. For new CCR landfills, new CCR surface impoundments, and all lateral expansions of CCR units, a minimum of eight independent samples for each background well must be collected and analyzed for the constituents listed in Appendix III and Appendix IV for the purpose of establishing background concentrations during the first six months of sampling.

(c) The number of samples collected and analyzed for each background well and downgradient well during subsequent semiannual sampling events must be consistent with 335-13-15-.06(4)(e), and must account for any unique characteristics of the site, but must be at least one sample from each background and downgradient well.

(d) The owner or operator of a CCR unit may demonstrate the need for an alternative monitoring frequency for repeated sampling and analysis for constituents listed in Appendix III during the active life and the post-closure care period based on the availability of groundwater. If there is not adequate groundwater flow to sample wells semiannually, the alternative frequency shall be no less than annual. The need to vary monitoring frequency must be evaluated on a site-specific basis. The demonstration must be supported by, at a minimum, the information specified in 335-13-15-.06(5)(d)1. and 2.

1. Information documenting that the need for less frequent sampling. The alternative frequency must be based on consideration of the following factors:

(i) Lithology of the aquifer and unsaturated zone;

(ii) Hydraulic conductivity of the aquifer and unsaturated zone; and

(iii) Groundwater flow rates.

2. Information documenting that the alternative frequency will be no less effective in ensuring that any leakage from the CCR unit will be discovered within a timeframe that will not materially delay establishment of an assessment monitoring program.

3. The owner or operator must obtain a certification from a qualified professional engineer stating that the demonstration for an alternative groundwater sampling and analysis frequency meets the requirements of this section. The owner or operator must submit the demonstration providing the basis for the alternative monitoring frequency and the certification by a qualified professional engineer to the Department for approval. If Departmental approval is granted, the owner or operator must place the demonstration in the annual groundwater monitoring and corrective action report required by 335-13-15-.06(1)(e).

(e) If the owner or operator of the CCR unit determines, pursuant to 335-13-15-.06(4)(h) that there is a statistically significant increase over background levels for one or more of the constituents listed in Appendix III at any monitoring well at the waste boundary specified under 335-13-15-.06(2)(a)2., the owner or operator must:

1. Except as provided for in 335-13-15-.06(5)(e)2., within 90 days of detecting a statistically significant increase over background levels for any constituent, establish an assessment monitoring program meeting the requirements of 335-13-15-.06(6).

2. The owner or operator may demonstrate that a source other than the CCR unit caused the statistically significant increase over background levels for a constituent or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. The owner or operator must complete the written demonstration within 90 days of detecting a statistically significant increase over background levels. A report documenting this demonstration must be certified by a qualified professional engineer verifying the accuracy of the information in the report, and placed in the operating record. If a successful demonstration is completed within the 90-day period, the owner or operator of the CCR unit may continue with a detection monitoring program under this section, subject to subsequent review and approval from the Department. If a successful demonstration is not completed within the 90-day period, the owner or operator of the CCR unit must initiate an assessment monitoring program as required under 335-13-15-.06(6). The owner or operator must also include the demonstration in the annual groundwater monitoring and corrective action report required by 335-13-15-.06(1)(e), in addition to the certification by a qualified professional engineer.

3. The owner or operator of a CCR unit must prepare a notification stating that an assessment monitoring program has been established. The owner or operator has completed the notification when the notification is placed in the facility's operating record as required by 335-13-15-.08(1)(h)5; and

4. Must, within 14 days of this finding, place a notice in the operating record, and submit a copy of this notice to the Department, stating that a statistically significant increase over background has been detected and indicate which constituents have shown statistically significant changes from background levels.

(f) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(h), the notification requirements specified in 335-13-15-.08(2)(h), and the Internet requirements specified in 335-13-15-.08(3)(h).

(6) Assessment monitoring program.

(a) Assessment monitoring is required whenever a statistically significant increase over background levels has been detected for one or more of the constituents listed in Appendix III.

(b) Within 90 days of triggering an assessment monitoring program, and annually thereafter, the owner or operator of the CCR unit must sample and analyze the groundwater for all constituents listed in Appendix III and Appendix IV. The number of samples collected and analyzed for each well during each sampling event must be consistent with 335-13-15-.06(4)(e), and must account for any unique characteristics of the site, but must be at least one sample from each well.

(c) The owner or operator of a CCR unit may demonstrate the need for an alternative monitoring frequency for repeated sampling and analysis for constituents listed in Appendix III and Appendix IV during the active life and the post-closure care period based on the availability of groundwater. If there is not adequate groundwater flow to sample wells semiannually, the alternative frequency shall be no less than annual. The need to vary monitoring frequency must be evaluated on a site-specific basis. The demonstration must be supported by, at a minimum, the information specified in 335-13-15-.06(6)(c)1. and 2.

1. Information documenting that the need for less frequent sampling. The alternative frequency must be based on consideration of the following factors:

(i) Lithology of the aquifer and unsaturated zone;

(ii) Hydraulic conductivity of the aquifer and unsaturated zone;

(iii) Groundwater flow rates; and

(iv) Nature (fate and transport) of any constituents detected in response to this rule.

(d) After obtaining the results from the initial and subsequent sampling events required in 335-13-15-.06(6)(b), the owner or operator must:

1. Within 14 days, place a notice in the operating record and submit a copy of this notice to the Department identifying the Appendix IV constituents that have been detected;

2. Within 90 days of obtaining the results, and on at least a semiannual basis thereafter, resample all wells that were installed pursuant to the requirements of 335-13-15-.06(2), conduct analyses for all parameters in Appendix III and for those constituents in Appendix IV that are detected in response to 335-13-15-.06(6)(b), and record their concentrations in the facility operating record. The number of samples collected and analyzed for each background well and downgradient well during subsequent semiannual sampling events must be consistent with 335-13-15-.06(4)(e), and must account for any unique characteristics of the site, but must be at least one sample from each background and downgradient well;

3. Establish groundwater protection standards for all Appendix IV constituents detected pursuant to 335-13-15-.06(6)(b) or (d). The groundwater protection standards must be established in accordance with 335-13-15-.06(6)(h); and

4. Include the recorded concentrations required by 335-13-15-.06(6)(d)2., identify the background concentrations established under 335-13-15-.06(5)(b), and identify the groundwater protection standards established under 335-13-15-.06(6)(d)3. in the annual groundwater monitoring and corrective action report required by 335-13-15-.06(1)(e) and the semi-annual groundwater monitoring report required by 335-13-15-.06(1)(f).

(e) If the concentrations of all constituents listed in Appendix III and Appendix IV are shown to be at or below background values, using the statistical procedures in 335-13-15-.06(4)(g), for two consecutive sampling events, the owner or operator may return to detection monitoring of the CCR unit. The owner or operator must prepare a notification stating that detection monitoring is resuming for the CCR unit. The owner or operator has completed the notification when the notification is placed in the facility's operating record as required by 335-13-15-.08(1)(h)7. and submitted to the Department.

(f) If the concentrations of any constituent in Appendix III and Appendix IV are above background values, but all concentrations are below the groundwater protection standard established under 335-13-15-.06(6)(h), using the statistical procedures in 335-13-15-.06(4)(g), the owner or operator must continue assessment monitoring in accordance with this section.

(g) If one or more constituents in Appendix IV are detected at statistically significant levels above the groundwater protection standard established under 335-13-15-.06(6)(h) in any sampling event, the owner or operator must prepare a notification identifying the constituents in Appendix IV that have exceeded the groundwater protection standard. The owner or operator has completed the notification when the notification is placed in the facility's operating record as required by 335-13-15-.08(1)(h)8. The owner or operator of the CCR unit also must:

1. Submit a copy of the notification to the Department and all appropriate local government officials, if the facility is subject to the local host government approval requirements as provided in the Code of Ala. 1975, § 22-27-48 and 48.1; and

2. Characterize the nature and extent of the release and any relevant site conditions that may affect the remedy ultimately selected. The characterization must be sufficient to support a complete and accurate assessment of the corrective measures necessary to effectively clean up all releases from the CCR unit pursuant to 335-13-15-.06(7). Characterization of the release includes the following minimum measures:

(i) Install additional monitoring wells necessary to define the contaminant plume(s);

(ii) Collect data on the nature and estimated quantity of material released including specific information on the constituents listed in Appendix IV and the levels at which they are present in the material released;

(iii) Install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with 335-13-15-.06(6)(d)2.; and

(iv) Sample all wells in accordance with 335-13-15-.06(6)(d)2. to characterize the nature and extent of the release.

3. Notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site if indicated by sampling of wells in accordance with 335-13-15-.06(6)(g)2. The owner or operator has completed the notifications when they are placed in the facility's operating record as required by 335-13-15-.08(1)(h)8.

4. Within 90 days of finding that any of the constituents listed in Appendix IV have been detected at a statistically significant level exceeding the groundwater protection standards the owner or operator must either:

(i) Initiate an assessment of corrective measures as required by 335-13-15-.06(7); or

(ii) Demonstrate that a source other than the CCR unit caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. Any such demonstration must be supported by a report that includes the factual or evidentiary basis for any conclusions and must be certified to be accurate by a qualified professional engineer and approved by the Department. If a successful demonstration is made, the owner or operator must continue monitoring in accordance with the assessment monitoring program pursuant to this section, and may return to detection monitoring if the constituents in Appendix III and Appendix IV are at or below background as specified in 335-13-15-.06(6)(e). The owner or operator must also include the demonstration in the annual groundwater monitoring and corrective action report required by 335-13-15-.06(1)(e), in addition to the certification by a qualified professional engineer.

5. If a successful determination has not been made at the end of the 90 day period provided by 335-13-15-.06(6)(g)4., the owner or operator of the CCR unit must initiate the assessment of corrective measures requirements under 335-13-15-.06(7).

6. The owner or operator must prepare a notification stating that an assessment of corrective measures has been initiated.

(h) The owner or operator of the CCR unit must establish a groundwater protection standard for each constituent in Appendix IV detected in the groundwater. The groundwater protection standard shall be:

1. For constituents for which a maximum contaminant level (MCL) has been established under 335-7-2-.03(1) and 335-7-2-.08(1) and (2), the MCL for that constituent;

2. For the following constituents:

(i) Cobalt 6 micrograms per liter (µg/L);

(ii) Lead 15 µg/L;

(iii) Lithium 40 µg/L; and

(iv) Molybdenum 100 µg/L.

3. For constituents for which the background level is higher than the levels identified under 335-13-15-.06(6)(h)1. or (h)2., the background concentration.

(i) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(h), the notification requirements specified in 335-13-15-.08(2)(h), and the internet requirements specified in 335-13-15-.08(3)(h).

(7) Assessment of corrective measures.

(a) Within 90 days of finding that any constituent listed in Appendix IV has been detected at a statistically significant level exceeding the groundwater protection standard defined under 335-13-15-.06(6)(h), or immediately upon detection of a release from a CCR unit, the owner or operator must initiate an assessment of corrective measures to prevent further releases, to remediate any releases and to restore affected areas to original conditions. The assessment of corrective measures must be completed within 90 days, unless the owner or operator demonstrates the need for additional time to complete the assessment of corrective measures due to site-specific conditions or circumstances. The owner or operator must obtain a certification from a qualified professional engineer attesting that the demonstration is accurate and submit the demonstration to the Department for approval. The 90-day deadline to complete the assessment of corrective measures may be extended for no longer than 60 days. The owner or operator must also include the demonstration in the annual groundwater monitoring and corrective action report required by 335-13-15-.06(1)(e), in addition to the certification by a qualified professional engineer.

(b) The owner or operator of the CCR unit must continue to monitor groundwater in accordance with the assessment monitoring program as specified in 335-13-15-.06(6).

(c) The assessment under 335-13-15-.06(7)(a) must include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described under 335-13-15-.06(8) addressing at least the following:

1. The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;

2. The time required to begin and complete the remedy;

3. The institutional requirements, such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(s).

(d) The owner or operator must place the completed assessment of corrective measures in the facility's operating record. The assessment has been completed when it is placed in the facility's operating record as required by 335-13-15-.08(1)(h)10.

(e) The owner or operator must discuss the results of the corrective measures assessment at least 30 days prior to the selection of remedy, in a public meeting with interested and affected parties.

(f) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(h), the notification requirements specified in 335-13-15-.08(2)(h), and the internet requirements specified in 335-13-15-.08(3)(h).

(8) Selection of remedy.

(a) Based on the results of the corrective measures assessment conducted under 335-13-15-.06(7), the owner or operator must, as soon as feasible, select a remedy that, at a minimum, meets the standards listed in 335-13-15-.06(8)(b). This requirement applies in addition to, not in place of, any applicable standards under the Occupational Safety and Health Act. The owner or operator must prepare a semiannual report describing the progress in selecting and designing the remedy. Upon selection of a remedy, the owner or operator must prepare a final report describing the selected remedy and how it meets the standards specified in 335-13-15-.06(8)(b). The owner or operator must obtain a certification from a qualified professional engineer that the remedy selected meets the requirements of this section. Within 14 days of selecting a remedy, the owner or operator must submit the report to the Department for approval of the selected remedy. The report has been completed when it is placed in the operating record as required by 335-13-15-.08(1)(h)12.

(b) Remedies must:

1. Be protective of human health and the environment;

2. Attain the groundwater protection standard as specified pursuant to 335-13-15-.06(6)(h);

3. Control the source(s) of releases so as to reduce or eliminate, to the maximum extent feasible, further releases of constituents in Appendix IV into the environment;

4. Remove from the environment as much of the contaminated material that was released from the CCR unit as is feasible, taking into account factors such as avoiding inappropriate disturbance of sensitive ecosystems;

5. Comply with standards for management of wastes as specified in 335-13-15-.06(9)(d).

(c) In selecting a remedy that meets the standards of 335-13-15-.06(8)(b), the owner or operator of the CCR unit shall consider the following evaluation factors:

1. The long- and short-term effectiveness and protectiveness of the potential remedy(s), along with the degree of certainty that the remedy will prove successful based on consideration of the following:

(i) Magnitude of reduction of existing risks;

(ii) Magnitude of residual risks in terms of likelihood of further releases due to CCR remaining following implementation of a remedy;

(iii) The type and degree of long-term management required, including monitoring, operation, and maintenance;

(iv) Short-term risks that might be posed to the community or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and re-disposal of contaminant;

(v) Time until full protection is achieved;

(vi) Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, re-disposal, or containment;

(vii) Long-term reliability of the engineering and institutional controls; and

(viii) Potential need for replacement of the remedy.

2. The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors:

(i) The extent to which containment practices will reduce further releases; and

(ii) The extent to which treatment technologies may be used.

3. The ease or difficulty of implementing a potential remedy(s) based on consideration of the following types of factors:

(i) Degree of difficulty associated with constructing the technology;

(ii) Expected operational reliability of the technologies;

(iii) Need to coordinate with and obtain necessary approvals and permits from other agencies;

(iv) Availability of necessary equipment and specialists; and

(v) Available capacity and location of needed treatment, storage, and disposal services.

4. The degree to which community concerns are addressed by a potential remedy(s).

(d) The owner or operator must specify as part of the selected remedy a schedule(s) for implementing and completing remedial activities. Such a schedule must require the completion of remedial activities within a reasonable period of time taking into consideration the factors set forth in 335-13-15-.06(8)(d)1. through 6. The owner or operator of the CCR unit must consider the following factors in determining the schedule of remedial activities:

1. Extent and nature of contamination, as determined by the characterization required under 335-13-15-.06(6)(g);

2. Reasonable probabilities of remedial technologies in achieving compliance with the groundwater protection standards established under 335-13-15-.06(6)(h) and other objectives of the remedy;

3. Availability of treatment or disposal capacity for CCR managed during implementation of the remedy;

4. Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy;

5. Resource value of the aquifer including:

(i) Current and future uses;

(ii) Proximity and withdrawal rate of users;

(iii) Groundwater quantity and quality;

(iv) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to CCR constituents;

(v) The hydrogeologic characteristic of the facility and surrounding land; and

(vi) The availability of alternative water supplies; and

6. Other relevant factors.

(e) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(h), the notification requirements specified in 335-13-15-.08(2)(h), and the internet requirements specified in 335-13-15-.08(3)(h).

(9) Implementation of the corrective action program.

(a) Within 90 days of selecting a remedy under 335-13-15-.06(8), the owner or operator must initiate remedial activities. Based on the schedule established under 335-13-15-.06(8)(d) for implementation and completion of remedial activities the owner or operator must:

1. Establish and implement a corrective action groundwater monitoring program that:

(i) At a minimum, meets the requirements of an assessment monitoring program under 335-13-15-.06(6);

(ii) Documents the effectiveness of the corrective action remedy; and

(iii) Demonstrates compliance with the groundwater protection standard pursuant to 335-13-15-.06(9)(c).

2. Implement the corrective action remedy selected under 335-13-15-.06(8); and

3. Take any interim measures necessary to reduce the contaminants leaching from the CCR unit, and/or potential exposures to human or ecological receptors. Interim measures must, to the greatest extent feasible, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to 335-13-15-.06(8). The following factors must be considered by an owner or operator in determining whether interim measures are necessary:

(i) Time required to develop and implement a final remedy;

(ii) Actual or potential exposure of nearby populations or environmental receptors to any of the constituents listed in Appendix IV;

(iii) Actual or potential contamination of drinking water supplies or sensitive ecosystems;

(iv) Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;

(v) Weather conditions that may cause any of the constituents listed in Appendix IV to migrate or be released;

(vi) Potential for exposure to any of the constituents listed in Appendix IV as a result of an accident or failure of a container or handling system; and

(vii) Other situations that may pose threats to human health and the environment.

(b) If an owner or operator of the CCR unit, determines, at any time, that compliance with the requirements of 335-13-15-.06(8)(b) is not being achieved through the remedy selected, the owner or operator must implement other methods or techniques that could feasibly achieve compliance with the requirements.

(c) Remedies selected pursuant to 335-13-15-.06(8) shall be considered complete when:

1. The owner or operator of the CCR unit demonstrates compliance with the groundwater protection standards established under 335-13-15-.06(6)(h) has been achieved at all points within the plume of contamination that lie beyond the groundwater monitoring well system established under 335-13-15-.06(2).

2. Compliance with the groundwater protection standards established under 335-13-15-.06(6)(h) has been achieved by demonstrating that concentrations of constituents listed in Appendix IV have not exceeded the groundwater protection standard(s) for a period of three consecutive years using the statistical procedures and performance standards in 335-13-15-.06(4)(f) and (g).

3. All actions required to complete the remedy have been satisfied.

(d) All CCR that are managed pursuant to a remedy required under 335-13-15-.06(8), or an interim measure required under 335-13-15-.06(9)(a)3., shall be managed in a manner that complies with all applicable state and/or federal requirements.

(e) Upon completion of the remedy, the owner or operator must notify the Department within 14 days that a certification from a qualified professional engineer attesting that the remedy has been completed in compliance with the requirements of 335-13-15-.06(9)(c) has been placed in the operating record. The certification must be signed by the owner or operator and by a qualified professional engineer and approved by the Department. The report has been completed when it is placed in the operating record as required by 335-13-15-.08(1)(h)13.

(f) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(h), the notification requirements specified in 335-13-15-.08(2)(h), and the internet requirements specified in 335-13-15-.08(3)(h).

Ala. Admin. Code r. 335-13-15-.06

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 07, April 30, 2018, eff. 6/8/2018.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Author: Heather M. Jones

Statutory Authority:Code of Ala. 1975, §§ 22-27-3, 22-27-7.