Section 096-519-7 - Monitoring to determine compliance with interim effluent limits for the discharge of mercuryA. Monitoring frequencies. In order to determine compliance with interim effluent limits, each licensee shall conduct effluent testing for mercury at the following minimum frequencies for the respective groups referred to in Section 1(C). (1) Group I: Not less than 4 tests per year;(2) Group II: Not less than 2 tests per year; and(3) Group III: Not less than 2 tests per year. All tests must be conducted, analyzed and reported using the methods specified in Section 3. Unless otherwise approved by the department, test samples must be collected at an interval of at least 60 days between samples. For those licensees in Groups II and III, samples must be collected in alternating calendar quarters such that samples will be obtained in all four calendar quarters over the period of two years. The department may proportionally reduce the required number of tests for licensees that discharge on a seasonal or intermittent basis.
Compliance monitoring tests will not change the interim effluent limits established pursuant to Section 4.
B.Evaluation of compliance. Compliance with interim effluent limits shall be determined as follows. (1) For interim average effluent limits, the department shall for each licensee maintain an average of all valid tests done pursuant to this rule. This will include both tests done to establish effluent limits and subsequent compliance monitoring tests. A licensee shall be in compliance with the interim average effluent limit if the cumulative average is equal to or less than the concentration established by the department pursuant to Section 4. (2) For interim maximum effluent limits, a licensee shall be in compliance if the test result of each valid individual sample is equal to or less than the interim maximum effluent limit established by the department pursuant to section 4. C.Response to non-compliance. In the event a licensee's average or maximum concentration exceeds a respective interim effluent limit, the department shall notify the licensee in writing. In response to the notification of non-compliance: (1) The licensee shall conduct additional testing at a frequency specified by the department in order to determine if the non-compliance is due to a limited incident or a continuing trend;(2) If requested by the department, the licensee shall, within 30 days of being notified, meet with the department to review its existing pollution prevention plan as required by Section 1(B); and(3) Within 30 days of meeting with the department, the licensee shall, if requested by the department, submit for review and approval, a revised pollution prevention plan designed to identify and control the cause(s) of the non-compliance with the interim effluent limit. Nothing in this Section limits the ability of the department to take any other actions authorized by law to address non-compliance with an interim effluent limit or any other provision of a law administered by the department or any order, rule, license or permit, approval or decision of the Board or Commissioner or decree of the Court.
D. The department may require those licensees granted exclusions under Section 1(A) to submit periodic reports or certifications demonstrating that conditions supporting the initial exclusion still exist. In the event any licensee contemplates or becomes aware of any change that could increase the quantity or concentration of mercury in its discharge, it shall notify the department immediately.06- 096 C.M.R. ch. 519, § 7