N.J. Admin. Code § 7:14A-10.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-10.13 - Compliance monitoring program

(a) The owner or operator required to establish a compliance monitoring program under this subchapter shall monitor the ground water at the relevant point(s) of compliance to determine whether hazardous waste facility units are in compliance with the ground water protection standard under 7:14A-10.6. The Department shall specify the ground water protection standard in the NJPDES-DGW permit, including:

1. A list of the hazardous constituents identified under 7:14A-10.7;

2. Concentration limits under 7:14A-10.8 for each of those hazardous constituents;

3. The relevant point of compliance under 7:14A-10.9; and

4. The compliance period under 7:14A-10.10.

(b) The owner or operator shall install a ground water monitoring system at the compliance point as specified under N.J.A.C. 7:14A-10.9. The ground water monitoring system shall comply with 7:14A-10.11(a), (b) and (c).

(c) The Department shall specify the sampling procedures and statistical methods appropriate for the specified hazardous constituents and the facility, consistent with 7:14A-10.11(g) and (h).

1. The owner or operator shall conduct a sampling program for each chemical parameter or hazardous constituent in accordance with 7:14A-10.11(g).

2. The owner or operator shall record ground water analytical data as measured and in a form necessary for the determination of statistical significance under 7:14A-10.11(h) for the compliance period of the facility.

(d) The owner or operator shall determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified pursuant to (a) above at a frequency specified under (f) below.

1. In determining whether statistically significant evidence of increased contamination exists, the owner or operator shall use the method(s) specified under 7:14A-10.11(h). The methods(s) shall compare data collected at the compliance point(s) to a concentration limit developed pursuant to N.J.A.C. 7:14A-10.8.

2. The owner or operator shall determine whether there is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a reasonable time period after completion of sampling. The Department shall specify that time period in the NJPDES-DGW permit, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground water samples.

(e) The owner or operator shall determine the ground water flow rate and direction in the uppermost aquifer at least annually.

(f) The Department shall specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with 7:14A-10.11(g). A sequence of at least four samples from each well (background and compliance wells) shall be collected at least semi-annually during the compliance period of the facility.

(g) The owner or operator shall analyze samples from all monitoring wells at the compliance point for all constituents contained in 40 C.F.R. Part 264 Appendix IX at least annually to determine whether additional hazardous constituents are present in the uppermost aquifer and, if so, at what concentration pursuant to procedures in 7:14A-10.12(f). If the owner or operator finds 40 C.F.R. Part 264 Appendix IX constituents in the ground water that are not already identified in the permit as monitoring constituents, the owner or operator may resample within one month and repeat the 40 C.F.R. 264 Appendix IX analysis. If the second analysis confirm the presence of new constituents, the owner or operator shall report the concentration of these additional constituents to the Department within seven days after the completion of the second analysis and add them to the list of constituents to be sampled for. If the owner or operator chooses not to resample, then the owner or operator shall report the concentrations of these additional constituents to the Department within seven days after completion of the initial analysis and add them to the list of constituents to be sampled for.

(h) If the owner or operator determines pursuant to (d) above that any concentration limits under 7:14A-10.8 are being exceeded at any monitoring well at the point of compliance, the owner or operator shall:

1. Notify the Department of this finding in writing within seven days. The notification shall indicate what concentration limits have been exceeded; and

2. Submit to the Department an application for a permit modification to establish a corrective action program meeting the requirements of 7:14A-10.14 within 180 days after determining that any concentration limits have been exceeded, or within 90 days after said determination if an engineering feasibility study has been previously submitted to the Department under 7:14A-10.12(h)5. The application shall, at a minimum, include the following information:

i. A detailed description of corrective actions that shall achieve compliance with the ground water protection standard specified pursuant to (a) above; and

ii. A plan for a ground water monitoring program that shall demonstrate the effectiveness of the corrective action. Such a ground water monitoring program may be based on a compliance monitoring program developed to meet the requirements of this section.

(i) If the owner or operator determines, pursuant to (d) above, that the ground water concentration limits under this section are being exceeded at any monitoring well at the point of compliance, the owner or operator may demonstrate that a source other than the owner/operator's hazardous waste facility unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. In making a demonstration under this paragraph, the owner or operator shall:

1. Notify the Department in writing within seven days that the owner or operator intends to make a demonstration under this paragraph;

2. Within 90 days of determining that the ground water concentration limits under this section are being exceeded, submit a report to the Department which demonstrates that a source other than a hazardous waste facility unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling, analysis, or evaluation;

3. Within 90 days after receipt by the Department of the report required in (i)2 above, submit to the Department an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility; and

4. Continue to monitor in accord with the compliance monitoring program established under this section.

(j) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this section, the owner or operator shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.

N.J. Admin. Code § 7:14A-10.13