250 R.I. Code R. 250-RICR-150-05-3.14

Current through November 7, 2024

Section 250-RICR-150-05-3.14 - Facility Owner or Operator Responses to Violations of Preventive Action Limits and Groundwater Quality Standards

A. When a preventive action limit has not been met in the monitoring of discharges approved by the Director, the facility owner and operator are responsible for taking actions, which shall be subject to the approval of the Director, to meet the following objectives at the point of compliance:

1. Minimize the concentration of the pollutant in the groundwater where technically and economically feasible;

2. Regain and maintain compliance with the preventive action limit, unless the Director determines that it is not technically or economically feasible to attain the preventive action limit concentration, in which case the owner or operator shall achieve compliance with the lowest possible concentration that is technically and economically feasible; and

3. Ensure that the groundwater quality standard is met at any point of compliance.

B. When a preventive action limit has not been met at a point of compliance, the Director may require the facility owner or operator to take any one or more of the responses below:

1. Resample groundwater quality at the point of compliance;

2. Collect and submit additional data on groundwater quality on site or surrounding the site, hydrogeologic characteristics, or facility practices;

3. Require a revision of the operational procedures at the facility;

4. Require a change in the design or construction of the facility; or

5. Require an alternate method of waste treatment or disposal.

C. When a groundwater quality standard has not been met, the facility owner and operator are responsible for taking actions, which shall be subject to the approval of the Director, to regain and maintain compliance with the groundwater quality standard at the point of compliance.

D. When a groundwater quality standard is not met at a point of compliance or a discharge or release is suspected that may result in the violation of a groundwater quality standard, the Director may require the facility owner or operator to take any one or more of the responses below:

1. Resample groundwater quality at the point of compliance.

2. Collect and submit additional data on groundwater quality on site or surrounding the site, hydrogeologic characteristics, or facility practices.

3. Arrange for the sampling of private wells which may be adversely affected. Notify public water systems that may be adversely affected and reimburse the public water systems for the costs of additional water quality monitoring necessary to ensure public health.

4. Install and sample monitoring wells. Such wells shall be in compliance with the construction standards in § 3.22 of this Part, unless otherwise approved by the Director.

5. Require the establishment of a groundwater monitoring plan pursuant to § 3.12(B) of this Part or require a change in an existing groundwater monitoring plan.

6. Require a revision of the operational procedures at the facility.

7. Require a change in the design or construction of the facility.

8. Require an alternate method of waste treatment or disposal.

9. Require prohibition of an activity.

10. Require the facility owner or operator to provide drinking water to those persons that do not have a potable water supply (for violation of groundwater quality standard only).

11. Require the facility owner or operator to conduct a groundwater investigation and prepare a report pursuant to § 3.14(F) of this Part. Such report shall be subject to the Director's review and approval.

12. Require remedial action to restore groundwater quality to levels established by the Director pursuant to § 3.15 of this Part.

E. Groundwater Investigation Report

1. A groundwater investigation report required pursuant to § 3.14(D)(11) of this Part shall be prepared by a person with appropriate qualifications, and it shall include, but not be limited to, the following information, unless otherwise specified by the Director:

a. All information previously reported to the Director pursuant to § 3.13 of this Part;

b. A locus map using the U.S. Geological Survey 7.5 minute quadrangle map;

c. Description of past and present activities on the site, including a list of past owners and operators of the site and approximate time periods of occupancy;

d. A compliance history of the site including any and all past environmental enforcement actions and documentation of any past discharges or releases;

e. Site plan at an appropriate scale (minimum scale of 1 inch equals fifty feet (1"=50')) to adequately show the location on and immediately surrounding the site of the following: property boundaries, buildings and other structures, roads, surface topography, watercourses, wells, water lines, groundwater monitoring wells, materials storage areas (including underground storage tanks), sewer lines, onsite wastewater treatment systems and other waste disposal areas;

f. Names and addresses of the owners and tenants of all properties that abut the site;

g. Description of the site's hydrogeology, including, but not limited to, depth to groundwater, groundwater flow direction, and a description of the unconsolidated materials, including soil characteristics, depth to bedrock and bedrock characteristics;

h. Location and distance off-site of the nearest surface water body that will receive runoff from the site and the water quality classification of this surface water;

i. Location of public wells within 3 miles of the site or within an alternative distance of the site agreed upon by the Director;

j. Information regarding private water supply as follows:

(1) Location of private wells on those properties that are wholly or partially within 500 feet of the site or a greater distance specified by the Director;

(2) A description of the water supply sources and services available beyond 500 feet from the site and up to 1 mile from the site. The Director may require more specific detail.

k. Identification of the pollutant(s) and an estimate of the geographic extent and volume of the affected area;

l. A description of evidence of possible groundwater pollution, including, but not limited to, free liquids, stained soil, stressed vegetation, and the presence and volume of excavated materials.

m. Results of any analytical testing of groundwater or soil on the site, including identification of methods used and sampling protocols; and

n. Recommendations for further groundwater investigation, groundwater remediation, or other actions.

2. Monitoring wells installed to collect groundwater quality data shall be in compliance with the construction standards in § 3.22 of this Part, unless otherwise approved by the Director.

3. The groundwater investigation report and any associated progress reports shall include the following statements signed by an authorized representative of the party specified:

a. A statement signed by an authorized representative of the person who prepared the groundwater investigation report certifying, to the best of their knowledge, the accuracy of the information contained in the report; and

b. A statement signed by the facility owner or operator responsible for the submittal of the groundwater investigation report certifying, to the best of their knowledge, that the report is a complete and accurate representation, and that it includes all known facts about the discharge to groundwater or the release that has, or may result in, the violation of a preventive action limit or groundwater quality standard.

250 R.I. Code R. 250-RICR-150-05-3.14

Adopted effective 1/9/2019
Amended effective 12/28/2023