Section 335.157 - Required Programs(a) Owners and operators subject to § 335.156 of this title (relating to Applicability of Groundwater Monitoring and Response); this section, and §§ 335.158-335.166 of this title (relating to Groundwater Protection Standard; Hazardous Constituents; Concentration Limits; Point of Compliance; Compliance Period; General Groundwater Monitoring Requirements; Detection Monitoring Program; Compliance Monitoring Program; and Corrective Action Program) must conduct a monitoring and response program as follows. (1) Whenever hazardous constituents under § 335.159 of this title (relating to Hazardous Constituents) from a regulated unit are detected at the compliance point under § 335.161 of this title (relating to Point of Compliance), the owner or operator must institute a compliance monitoring program under § 335.165 of this title (relating to Compliance Monitoring Program). "Detection" is defined as statistically significant evidence of contamination as described in § 335.164(6) of this title (relating to Detection Monitoring Program).(2) Whenever the groundwater protection standard under § 335.158 of this title (relating to Groundwater Protection Standard) is exceeded, the owner or operator must institute a corrective action program under § 335.166 of this title (relating to Corrective Action Program). "Exceeded" is defined as statistically significant evidence of increased contamination as described in § 335.165(4) of this title (relating to Compliance Monitoring Program).(3) Whenever hazardous constituents under § 335.159 of this title (relating to Hazardous Constituents) from a regulated unit exceed concentration limits under § 335.160 of this title (relating to Concentration Limits) in groundwater between the compliance point under § 335.161 of this title (relating to Point of Compliance) and the downgradient facility property boundary, the owner or operator must institute a corrective action program under § 335.166 of this title (relating to Corrective Action Program).(4) In all other cases, the owner or operator must institute a detection monitoring program under § 335.164 of this title (relating to Detection Monitoring Program).(b) The commission will specify in the facility permit or in a compliance plan the specific elements of the monitoring and response program. The commission may include one or more of the programs identified in subsection (a) of this section in the facility permit or in a compliance plan as may be necessary to protect human health and the environment and will specify the circumstances under which each of the programs will be required. The commission will establish the programs specified in subsection (a)(1)-(3) of this section in a compliance plan. If the owner or operator is not otherwise subject to compliance monitoring, the detection monitoring program will be established in the facility permit. In deciding whether to require the owner or operator to be prepared to institute a particular program, the commission will consider the potential adverse effects on human health and the environment that might occur before final administrative action to incorporate such a program could be taken.30 Tex. Admin. Code § 335.157
The provisions of this §335.157 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective October 29, 1990, 15 TexReg 6017.