Current through September 17, 2024
Section 132-7-004 - Detection Monitoring Program004.01 Detection monitoring is required at all solid waste disposal areas mentioned in section 001. All ground water monitoring must occur pursuant to 002.01A and 002.01Bof this chapter.004.01A At a minimum, a detection monitoring program shall include the monitoring for the constituents listed in Appendix I, which is attached to these regulations and incorporated by this reference.004.01B The Department may delete any of the monitoring parameters in Appendix I if an owner or operator of a solid waste disposal area can show that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit.004.01C The Department may establish a list of indicator parameters for a solid waste disposal area, in lieu of some or all of the constituents in Appendix I, if the alternative parameters provide a reliable indication of releases from the solid waste disposal area to the ground water. In determining alternative parameters, the Department shall consider the following factors: 004.01C1 The types, quantities, and concentrations of constituents in wastes managed in the solid waste disposal area;004.01C2 The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the solid waste disposal area;004.01C3 The detectability of indicator parameters, waste constituents, and reaction products in the ground water; and 004.01C4 The concentration or values and coefficients of variation of monitoring parameters or constituents in the ground water background.004.02 The monitoring frequency for all constituents listed in Appendix I to these regulations, or in the alternative list described in 004.01C of this chapter, shall be at least semiannual during the active life of the facility including closure and the post-closure period.004.02A During the first semi-annual sampling event, a minimum of four (4) independent samples from each well (background and downgradient) shall be collected and analyzed for the Appendix I constituents or for the alternative list described in 004.01C of this chapter.004.02B At least one (1) sample from each well (background and downgradient) shall be collected and analyzed during subsequent semi-annual sampling events.004.02C Upon request by an owner or operator, the Department may specify an appropriate alternative frequency for repeated sampling and analysis for Appendix I constituents or for the alternative list described in 004.01C of this chapter. 004.02C1 This alternative frequency shall be no less than annual.004.02C2 The alternative frequency shall be based on the consideration of the following factors: 004.02C2(a) Lithology of the aquifer and unsaturated zone;004.02C2(b) Hydraulic conductivity of the aquifer and unsaturated zone;004.02C2(c) Ground water flow rates;004.02C2(d) Minimum distance between upgradient edge of the solid waste disposal area and downgradient monitoring well screen (minimum distance of travel); and004.02C2(e) Resource value of the aquifer.004.03 If an owner or operator determines, pursuant to 003.07 of this chapter, that there is a statistically significant increase over background for one or more of the constituents listed in Appendix I or in the list described in 004.01C of this chapter, at any monitoring well at the boundary specified under 002.01B of this chapter, an owner or operator:004.03A Shall, within fourteen (14) days of this finding, place a notice in the operating record indicating which constituents have shown statistically significant changes from background levels, and notify the Department that this notice was placed in the operating record;004.03B Shall, within ninety (90) days (except as provided for in 004.03C of this chapter), establish an assessment monitoring program meeting the requirements of 005 of this chapter; and004.03C May demonstrate that a source other than the solid waste disposal area caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality. 004.03C1 A report documenting this demonstration shall be certified by a qualified ground water scientist and approved by the Department and be placed in the operating record.004.03C2 If a successful demonstration is made and documented, the owner or operator may continue detection monitoring as specified in this chapter.004.03C3 If, after ninety (90) days, a successful demonstration is not made, an owner or operator shall initiate an assessment monitoring program as required by 005 of this chapter.132 Neb. Admin. Code, ch. 7, § 004