Regulations: Title 27, Environmental Protection--Division 2, Solid Waste

Chapter 3. Criteria for All Waste Management Units, Facilities, and Disposal Sites

Subchapter 3. Water Monitoring

Article 1. SWRCB - Water Quality Monitoring and Response Programs for Solid Waste Management Units

(a) The regulations in this article apply to owners or operators of facilities that treat, store, or dispose of waste at waste management units. The owner or operator of a surface impoundment, waste pile, landfill, or land treatment unit that receives or has received waste (hereinafter referred to as "waste management units," or "Units") that is subject to the SWRCB-promulgated requirements of this division, pursuant to sections 20080 and 20090 shall comply with the provisions of this article for purposes of detecting, characterizing, and responding to releases to ground water, surface water, or the unsaturated zone. Furthermore, section 20400 of this article also applies to all determinations of alternative cleanup levels for unpermitted discharges to land of solid waste, pursuant to & III.G. of SWRCB Resolution No. 92-49 [Section 2550.4 of Title 23 of this code serves a similar function for unpermitted discharges to land of hazardous waste].

(b) Known or Reasonably Foreseeable Release — In accordance with applicable requirements of sections 22220-22222, waste discharge requirements (WDRs) for a Unit subject to this section shall contain a provision which requires the discharger to obtain and maintain assurances of financial responsibility for initiating and completing corrective action for all known or reasonably foreseeable releases from the Unit.

(c) [Reserved]

(d) Apply Unless Clean-Closed — The regulations under this article apply during the Unit’s active life and closure period. After closure of the Unit, the regulations in this article apply during the post closure maintenance period of the Unit and during any compliance period under section 20410 of this article, unless:

(1) the Unit has been in compliance with the water quality protection standard ("Water Standard" of section 20390) for a period of three consecutive years; and

(2) Clean-Closure — all waste, waste residues, contaminated containment system components, contaminated subsoils, and all other contaminated materials are removed or decontaminated at closure, pursuant to: section 21090(f), for landfills; section 21400(b)(1), for surface impoundments; or section 21410(a)(1), for waste piles.

(e) Allowable Engineered Alternatives — In considering a monitoring proposal by the discharger, the RWQCB can allow an engineered alternative for any of the prescriptive standards in this article so long as the RWQCB:

(1) finds that each engineered alternative meets the requirements of section 20080 (b & c);

(2) finds, for each applicable program under section 20385, that the discharger’s proposed monitoring-data procurement and analysis methods achieve the program’s respective goals, including:

(A) for a detection monitoring program, the goals articulated in section 20420(b);

(B) for an evaluation monitoring program, the goals articulated in section 20425(a)(2); and

(C) for a corrective action program, the goals articulated in section 20430(b);

(3) requires ground water monitoring at least annually at disposal Units and at Units that will be used for five or more years for waste treatment or storage.

Note:

Authority cited:
Section 1058, Water Code. 

Reference: 
Sections 13172 and 13267, Water Code; Section 43103, Public Resources Code.

(a) Monitoring Programs & their Respective Triggers — A discharger subject to this article shall conduct a monitoring and response program, approved by the RWQCB, for each Unit at the facility as follows:

(1) Detection Monitoring (default) — The discharger shall institute a detection monitoring program (under section 20420) except as required below under (a)(2-4);

(2) Evaluation Monitoring (trigger #1) — The discharger shall institute an evaluation monitoring program (under section 20425) whenever there is "measurably significant" (see section 20164) evidence of a release from the Unit during a detection monitoring program [under section 20420
(g or i)];

(3) Evaluation Monitoring (trigger #2) — The discharger shall institute an evaluation monitoring program (under section 20425) whenever there is significant physical evidence of a release from the Unit. Significant physical evidence of a release includes unexplained volumetric changes in surface impoundments, unexplained stress in biological communities, unexplained changes in soil characteristics, visible signs of leachate migration, and unexplained water table mounding beneath or adjacent to the Unit and any other change to the environment that could reasonably be expected to be the result of a release from the Unit; and

(4) Corrective Action — The discharger shall institute a corrective action program under section 20430 of this article when the RWQCB determines (pursuant to section 20425) that the assessment of the nature and extent of the release and the design of a Corrective Action Program have been satisfactorily completed and the RWQCB approves the application for an amended report of waste discharge for corrective action submitted by the discharger during an evaluation monitoring program [pursuant to section 20425(d)].

(b) Preparation for Other Programs — The RWQCB shall specify in the WDRs the specific type or types of monitoring programs required and the specific elements of each monitoring and response program. For each Unit, the RWQCB shall require one or more of the programs identified in (a) that is appropriate for the prevailing state of containment at the Unit, and shall specify the circumstances under which each of the programs will be required. In deciding whether to require the discharger to be prepared to institute a particular program, the RWQCB shall consider the potential adverse effects on human health or the environment that might occur before final administrative action on an amended report of waste discharge to incorporate such a program could be taken.

(c) Concurrent Detection Monitoring Program, Where Necessary — In conjunction with an evaluation monitoring program or a corrective action program, the discharger shall continue to conduct a detection monitoring program as necessary to provide the best assurance of the detection of subsequent releases from the Unit.

Note:

Authority cited: 
Section 1058, Water Code. 

Reference: 
Sections 13172, 13263, 13267, and 13304 Water Code; Section 43103, Public Resources Code.

(a) Components & Duration — For each Unit, the RWQCB shall establish a water quality protection standard (Water Standard) in the WDRs. This Water Standard shall consist of the list of constituents of concern (under section 20395), the concentration limits (under section 20400), and the Point of Compliance and all Monitoring Points (under section 20405). This Water Standard shall apply during the active life of the Unit, the closure period, the post closure maintenance period, and during any compliance period (under section 20410).

(b) Program-Specific Water Standards — If a discharger is conducting a detection monitoring program in conjunction with a corrective action program for a Unit [pursuant to section 20385(c)], the RWQCB may establish separate Water Standards for each program.

Note: 

Authority cited: 
Section 1058, Water Code. 

Reference:
Sections 13172, 13263, 13267, and 13304, Water Code; Section 43103, Public Resources Code.

(a) COCs — For each Unit, the RWQCB shall specify in the WDRs the Constituents of Concern (COCs) to which the Water Standard (under section 20390) applies. The COC list shall include all waste constituents, reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in the Unit.

(b) MSW COCs — For MSW landfills, the COC list shall include all constituents mandated under SWRCB Resolution No. 93-62.

Note:

Authority cited:
Section 1058, Water Code.

Reference:
Sections 13172, 13263, and 13267, Water Code; Section 43103, Public Resources Code.

(a) Proposal of Concentration Limits — For each Constituent of Concern (COC) specified pursuant to section 20395 (or for a solid waste constituent that is addressed by a cleanup and abatement action taken pursuant to SWRCB Resolution No. 92-49), the discharger shall propose one of the following for each medium (under section 20415, including ground water, surface water, and the unsaturated zone) monitored pursuant to section 20415 of this article:

(1) Background Value — a concentration limit not to exceed the background value of that constituent as determined pursuant to section 20415(e)(10)(A);

(2) Value Redetermined Each Time — that the WDRs include a statement that, at any given time, the concentration limit for that COC will be equal to the background value of that constituent, as determined pursuant to section 20415(e)(10)(B); or

(3) CLGBC — a concentration limit greater than background (CLGB) established pursuant to this section for a corrective action program.

(b) Adoption of Concentration Limits — The RWQCB shall review the proposed concentration limits and statements and shall approve, modify, or disapprove each proposed limit and each proposed statement. Upon final approval by the RWQCB, each concentration limit and each statement shall be specified in WDRs. The RWQCB shall approve more than one concentration limit for different Monitoring Points in the same medium only if:

(1) more than one background condition exists within a particular medium;

(2) the statistical method approved for a constituent uses intra well comparisons procedures; or

(3) CLGBs have been established for a corrective action program at the Monitoring Points in the zone affected by a release from the Unit.

(c) Establishing a CLGB — For a corrective action program, the RWQCB shall establish a CLGB [under (a)(3)] only if the RWQCB finds that it is technologically or economically infeasible to achieve the background value for that constituent and that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the CLGB is not exceeded. In making this finding, the RWQCB shall consider the factors specified in (d), the results of the engineering feasibility study submitted pursuant to section 20425(c), data submitted by the discharger pursuant to section 20425(d)(2) to support the proposed CLGB, public testimony on the proposal, and any additional data obtained during the evaluation monitoring program.

(d) Considerations — In establishing a CLGB for a constituent of concern, the RWQCB shall consider the following factors:

(1) potential adverse effects on ground water quality and beneficial uses, considering:

(A) the physical and chemical characteristics of the waste in the Unit;

(B) the hydrogeological characteristics of the facility and surrounding land;

(C) the quantity of ground water and the direction of ground water flow;

(D) the proximity and withdrawal rates of ground water users;

(E) the current and potential future uses of ground water in the area;

(F) the existing quality of ground water, including other sources of contamination or pollution and their cumulative impact on the ground water quality;

(G) the potential for health risks caused by human exposure to waste constituents;

(H) the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

(I) the persistence and permanence of the potential adverse effects; and

(2) potential adverse effects on surface water quality and beneficial uses, considering:

(A) the volume and physical and chemical characteristics of the waste in the Unit;

(B) the hydrogeological characteristics of the facility and surrounding land;

(C) the quantity and quality of ground water and the direction of ground water flow;

(D) the patterns of precipitation in the region;

(E) the proximity of the Unit to surface waters;

(F) the current and potential future uses of surface waters in the area;

(G) the existing quality of surface water including other sources of contamination or pollution and the cumulative impact on surface water quality;

(H) the potential for health risks caused by human exposure to waste constituents;

(I) the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

(J) the persistence and permanence of the potential adverse effects.

(e) CLGB Ceiling — In no event shall a CLGB for a constituent of concern exceed the lowest concentration that the discharger demonstrates and the RWQCB finds is technologically and economically achievable. No provision of this section shall be taken to allow a CLGB for a constituent of concern to exceed the maximum concentration that would be allowed under other applicable statutes or regulations [e.g., Maximum Concentration Limits established under the federal Safe Drinking Water Act (P.L. 93 523, codified as Subchapter XII of the Public Health Service Act at 42 USC 300f, et. seq.; regulations establishing MCL's are located in 40 CFR Part 141, Subpart B), etc.].

(f) Receptor Location — For ground water, in evaluating risk pursuant to (d) to any biological receptor, the risk shall be evaluated as if exposure would occur at the Point of Compliance.

(g) Additivity — Proposals for CLGBs shall include a demonstration that the aggregate of hazardous constituents in the environment will not result in excessive exposure to a sensitive biological receptor. In the absence of scientifically valid data to the contrary, theoretical risks from chemicals associated with the release from the Unit shall be considered additive across all media of exposure, and shall be considered additive for all chemicals having similar toxicological effects or having carcinogenic effects.

(h) Applicability — A CLGB may only be applied during corrective action, or during detection monitoring following corrective action, at Monitoring Points at which "measurably significant" (see section 20164) evidence of the release has been determined.

(i) Decreasing the CLGB — When a detection monitoring program incorporating a CLGB is reinstated after a corrective action program has been terminated, each CLGB shall be re evaluated during each review of WDRs or at least every five years. If the RWQCB, upon re evaluation, determines that the concentration of a constituent of concern in ground water, surface water, or the unsaturated zone is lower than its associated concentration limit by a "measurably significant" (see section 20164) amount, the concentration limit for that constituent shall be lowered to reflect current water quality.

Note:

Authority cited: 
Section 1058, Water Code. 

Reference: 
Sections 13172, 13263, and 13267, Water Code; Section 43103, Public Resources Code.

(a) For each Unit, the RWQCB shall specify in the WDRs the Point of Compliance at which the Water Standard (of section 20390) applies. The Point of Compliance is a vertical surface located at the hydraulically downgradient limit of the Unit that extends through the uppermost aquifer underlying the Unit. For each Unit, the RWQCB shall specify Monitoring Points (as defined in section 20164) along the Point of Compliance, and shall specify additional Monitoring Points at locations determined pursuant to section 20415(b-d) at which the Water Standard under section 20390 applies and at which monitoring shall be conducted.

(b) If the facility contains contiguous Units and monitoring along a shared boundary would impair the integrity of a containment or structural feature of any of the Units, the Point of Compliance may be located at the hydraulically downgradient limit of an area described by an imaginary line along the outer boundary of the contiguous Units. This provision only applies to contiguous Units that have operated or have received all permits necessary for construction and operation before 7-1-91.

Note:

Authority cited:
Section 1058, Water Code.

Reference:
Sections 13172, 13263, and 13267, Water Code; Section 43103, Public Resources Code.

(a) The RWQCB shall specify in WDRs a compliance period for each Unit. The compliance period is the number of years equal to the active life of the Unit (including any waste management activity prior to the adoption of the WDRs) plus the closure period. The compliance period is the minimum period of time during which the discharger shall conduct a water quality monitoring program subsequent to a release from the Unit.

(b) The compliance period begins anew each time the discharger initiates an evaluation monitoring program (under section 20425).

(c) If the discharger is engaged in a corrective action program at the scheduled end of the compliance period specified under (a), the compliance period shall be extended until the discharger can demonstrate that the Unit has been in continuous compliance with its Water Standard (under section 20390) for a period of three consecutive years.

Note:

Authority cited:
Section 1058, Water Code. 

Reference: 
Sections 13172, 13263, and 13267, Water Code; Section 43103, Public Resources Code.

(a) The discharger shall comply with the requirements of this section for any water quality monitoring program developed to satisfy section 20420, section 20425, or section 20430 of this article.

(b) Ground Water Monitoring System.

(1) General — Except as provided under (e)(3), the discharger shall establish a ground water monitoring system for each Unit. This ground water monitoring system shall include:

(A) For All Programs — for all monitoring and response programs, a sufficient number of Background Monitoring Points (as defined in section 20164) installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water that has not been affected by a release from the Unit;

(B) For DMP — for a detection monitoring program under section 20420:

1. a sufficient number of Monitoring Points (as defined in section 20164) installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water passing the Point of Compliance and to allow for the detection of a release from the Unit;

2. a sufficient number of Monitoring Points installed at additional locations and depths to yield ground water samples from the uppermost aquifer to provide the best assurance of the earliest possible detection of a release from the Unit;

3. a sufficient number of Monitoring Points and Background Monitoring Points installed at appropriate locations and depths to yield ground water samples from portions of the zone of saturation, including other aquifers, not monitored pursuant to (b)(1)(B)1. and (b)(1)(B)2., to provide the best assurance of the earliest possible detection of a release from the Unit;

4. a sufficient number of Monitoring Points and Background Monitoring Points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the best assurance of the earliest possible detection of a release from the Unit; and

5. Monitoring Point locations and depths that include the zone(s) of highest hydraulic conductivity in each ground water body monitored pursuant to this subsection [i.e., under (b), inclusive].

(C) For EMP — for an evaluation monitoring program under section 20425:

1. a sufficient number of Monitoring Points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water passing the Point of Compliance and at other locations in the uppermost aquifer to provide the data needed to evaluate changes in water quality due to the release from the Unit;

2. a sufficient number of Monitoring Points and Background Monitoring Points installed at appropriate locations and depths to yield ground water samples from portions of the zone of saturation, including other aquifers, not monitored pursuant to (b)(1)(C)1., to provide the data needed to evaluate changes in water quality due to the release from the Unit; and

3. a sufficient number of Monitoring Points and Background Monitoring Points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the data needed to evaluate changes in water quality due to the release from the Unit; and

(D) For CAP — for a corrective action program under section 20430:

1. a sufficient number of Monitoring Points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water passing the Point of Compliance and at other locations in the uppermost aquifer to provide the data needed to evaluate the effectiveness of the corrective action program;

2. a sufficient number of Monitoring Points and Background Monitoring Points installed at appropriate locations and depths to yield ground water samples from portions of the zone of saturation, including other aquifers, not monitored pursuant to (b)(1)(D)1., to provide the data needed to evaluate the effectiveness of the corrective action program; and

3. a sufficient number of Monitoring Points and Background Monitoring Points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the data needed to evaluate the effectiveness of the corrective action program.

(2) Alternate Background Locations — The ground water monitoring system may include Background Monitoring Points that are not hydraulically upgradient of the Unit if the discharger demonstrates to the satisfaction of the RWQCB that sampling at other Background Monitoring Points will provide samples that are representative of the background quality of ground water or are more representative than those provided by the upgradient Background Monitoring Points.

(3) Drillers’ Logs — Copies of drillers' logs which the Department of Water Resources requires to be submitted pursuant to section 13751 of the California Water Code shall be submitted to the RWQCB.

(4) Monitoring Well Performance Standards.

(A) All monitoring wells shall be cased and constructed in a manner that maintains the integrity of the monitoring well bore hole and prevents the bore hole from acting as a conduit for contaminant transport.

(B) The sampling interval of each monitoring well shall be appropriately screened and fitted with an appropriate filter pack to enable collection of representative ground water samples.

(C) For each monitoring well, the annular space (i.e., the space between the bore hole and well casing) above and below the sampling interval shall be appropriately sealed to prevent entry of contaminants from the ground surface, entry of contaminants from the unsaturated zone, cross contamination between portions of the zone of saturation, and contamination of samples.

(D) All monitoring wells shall be adequately developed to enable collection of representative ground water samples.

(c) Surface Water Monitoring Systems.

(1) General — The discharger shall establish a surface water monitoring system to monitor each surface water body that could be affected by a release from the Unit.

(2) Each Monitored Surface Water Body — Each surface water monitoring system shall include:

(A) Background Monitoring Points — a sufficient number of Background Monitoring Points established at appropriate locations and depths to yield samples from each surface water body that represent the quality of surface water that has not been affected by a release from the Unit;

(B) For DMP — for a detection monitoring program (under section 20420), a sufficient number of Monitoring Points established at appropriate locations and depths to yield samples from each surface water body that provide the best assurance of the earliest possible detection of a release from the Unit;

(C) For EMP — for an evaluation monitoring program (under section 20425), a sufficient number of Monitoring Points established at appropriate locations and depths to yield samples from each surface water body that provide the data to evaluate changes in water quality due to the release from the Unit; and

(D) For CAP — for a corrective action program (under section 20430), a sufficient number of Monitoring Points established at appropriate locations and depths to yield samples from each surface water body that provide the data to evaluate compliance with the Water Standard (of section 20390) and to evaluate the effectiveness of the corrective action program.

(d) Unsaturated Zone Monitoring System.

(1) Except as otherwise provided in (d)(5), the discharger shall establish an unsaturated zone monitoring system for each Unit.

(2) The unsaturated zone monitoring system shall include:

(A) Background Monitoring Points — a sufficient number of Background Monitoring Points established at appropriate locations and depths to yield soil pore liquid samples or soil pore liquid measurements that represent the quality of soil pore liquid that has not been affected by a release from the Unit;

(B) For DMP — for a detection monitoring program (under section 20420), a sufficient number of Monitoring Points established at appropriate locations and depths to yield soil pore liquid samples or soil pore liquid measurements that provide the best assurance of the earliest possible detection of a release from the Unit;

(C) For EMP — for an evaluation monitoring program (under section 20425), a sufficient number of Monitoring Points established at appropriate locations and depths to yield soil pore liquid samples or soil pore liquid measurements that provide the data to evaluate changes in water quality due to the release from the Unit; and

(D) For CAP — for a corrective action program (under section 20430), a sufficient number of Monitoring Points established at appropriate locations and depths to yield soil pore liquid samples or soil pore liquid measurements that provide the data to evaluate compliance with the Water Standard (of section 20390) and to evaluate the effectiveness of the corrective action program.

(3) Background Plot — Background Monitoring Points shall be installed at a background plot having soil characteristics similar to those of the soil underlying the Unit.

(4) Alternate Methods — Liquid recovery types of unsaturated zone monitoring (e.g., the use of lysimeters) are required unless the discharger demonstrates to the satisfaction of the RWQCB that such methods of unsaturated zone monitoring cannot provide an indication of a release from the Unit. The RWQCB shall require complementary or alternative (non liquid recovery or remote sensing) types of unsaturated zone monitoring to provide the best assurance of the earliest possible detection of a release from the Unit.

(5) Exemption — Unsaturated zone monitoring is required at all new Units unless the discharger demonstrates to the satisfaction of the RWQCB that there is no unsaturated zone monitoring device or method designed to operate under the subsurface conditions existent at that Unit. For a Unit that has operated or has received all permits necessary for construction and operation before 7 1 91, unsaturated zone monitoring is required unless the discharger demonstrates to the satisfaction of the RWQCB that either there is no unsaturated zone monitoring device or method designed to operate under the subsurface conditions existent at that Unit or that installation of unsaturated zone monitoring devices would require unreasonable dismantling or relocating of permanent structures.

(e) General monitoring requirements.

(1) All monitoring systems shall be designed and certified by a registered geologist or a registered civil engineer.

(2) Boring Logs — All monitoring wells and all other borings (including but not limited to gas monitoring wells) drilled to satisfy the requirements of this division shall be drilled by a licensed drilling contractor (or by a drilling crew under the direct supervision of the design engineer or engineering geologist), and shall be logged during drilling under the direct supervision of a person who is a registered geologist or a registered civil engineer, and who has expertise in stratigraphic well logging. These logs shall be submitted to the RWQCB upon completion of drilling.

(A) Soil shall be described in the geologic log in accordance with current industry-wide practices [e.g., American Society for Testing and Materials (ASTM) Designation "D2488-93 Method for Visual Classification, Standard Practice for Description and Identification of Soils (Visual-Manual Procedure)" for field work, with initial determinations backed up by laboratory work under ASTM Designation "D2487-93 Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)," available from ASTM, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959].

(B) Rock shall be described in the geologic log in a manner appropriate for the purpose of the investigation.

(C) Where possible, the depth and thickness of saturated zones shall be recorded in the geologic log.

(3) Shared Systems — If a facility contains contiguous Units, separate ground water monitoring systems are not required for each such Unit if the discharger demonstrates to the satisfaction of the RWQCB that the water quality monitoring program for each Unit will enable the earliest possible detection and measurement of a release from that Unit.

(4) QA/QC — The water quality monitoring program shall include consistent sampling and analytical procedures that are designed to ensure that monitoring results provide a reliable indication of water quality at all Monitoring Points and Background Monitoring Points. At a minimum, the program shall include a detailed description of the procedures and techniques for:

(A) sample collection, including purging techniques, sampling equipment, and decontamination of sampling equipment;

(B) sample preservation and shipment;

(C) analytical procedures; and

(D) chain of custody control.

(5) Sampling & Analytical Methods — The water quality monitoring program shall include appropriate sampling and analytical methods for ground water, surface water, and the unsaturated zone that accurately measure the concentration of each COC and the concentration or value of each Monitoring Parameter.

(6) Initial Background Sampling — For each Unit, the discharger shall collect all data necessary for selecting the appropriate data analysis methods pursuant to (e)(7-9) and for establishing the background values specified pursuant to (e)(10). At a minimum, this data shall include analytical data obtained during quarterly sampling of all Background Monitoring Points for a period of one year, including the times of expected highest and lowest annual elevations of the ground water surface. For a new Unit, this data shall be collected before wastes are discharged at the Unit and background soil pore liquid data shall be collected from beneath the Unit before the Unit is constructed.

(7) Propose Data Analysis Method(s) — Based on data collected pursuant to (e)(6), the discharger shall implement data analysis methods allowed in (e)(8) for each COC and for each Monitoring Parameter. The data analysis methods shall be used in evaluating water quality monitoring data. The specifications for each data analysis method shall include a detailed description of the criteria to be used for determining "measurably significant" (as that term is defined in section 20164) evidence of any release from the Unit and for determining compliance with the Water Standard. Each statistical test specified for a particular COC or Monitoring Parameter shall be conducted for that COC or Monitoring Parameter at each Monitoring Point. Where practical quantitation limits (PQLs) are used in any of the following data analysis methods to comply with (e)(9)(E), the discharger shall identify the PQL to the RWQCB. The discharger shall:

(A) continue using the methods specified in the existing M&RP; or

(B) submit to the RWQCB, before implementing the selected methods, a comprehensive technical report, certified by an appropriately registered professional, documenting that use of the proposed data analysis methods will comply with the performance standards outlined in (e)(9, 10, & 12):

1. the RWQCB shall audit selected reports submitted pursuant to this subdivision for compliance and applicability, as deemed necessary by the RWQCB; and

2. the discharger shall not change the data analysis methods developed pursuant to this subdivision until the next review/update of the M&RP, unless directed to make changes by the RWQCB; or

(C) use any water quality data analysis software the SWRCB or RWQCB deems appropriate for such use, provided that the manner of such use is consistent with the manner of usage the SWRCB or RWQCB has deemed appropriate (without the need for additional substantiation), for that software, and further provided that the discharger notifies the RWQCB before initiating such use.

(8) Allowable Data Analysis Methods — The statistical data analysis requirement in this article do not preclude the use of a particular non-statistical method which can achieve the goal of the particular monitoring program at least as well as will the most appropriate statistical method. If statistical methods cannot meet these goals, the discharger’s proposed non-statistical method must achieve the goal of the particular monitoring program adequately [see (e)(12)(A)1.-3.]. For those monitoring data analyses in which statistical methods are used, the discharger shall use one of the following methods:

(A) Parametric ANOVA — a parametric analysis of variance (ANOVA) followed in all instances by a multiple comparisons procedure to identify "measurably significant" (see section 20164) evidence of a release from the Unit. The method shall include estimation and testing of the contrasts between each monitoring point's mean and the background mean value for each constituent or parameter;

(B) Nonparametric ANOVA — an ANOVA based on ranks followed in all instances by a multiple comparisons procedure to identify "measurably significant" (see section 20164) evidence of a release from the Unit. The method shall include estimation and testing of the contrasts between each monitoring point's median and the background median values for each constituent of concern or monitoring parameter;

(C) Tolerance Interval — a tolerance or prediction interval procedure in which an interval for each COC or Monitoring Parameter is established from the distribution of the background data, and the value for each COC or Monitoring Parameter at each monitoring point is compared to the upper tolerance or prediction limit;

(D) Control Chart — a control chart approach that gives control limits for each COC or Monitoring Parameter; or

(E) Other Statistical Methods — any statistical test method submitted by the discharger including, but not limited to, any statistical method which includes a procedure to verify that there is "measurably significant" (see section 20164) evidence of a release from the Unit. If the statistical test method includes a verification procedure, this procedure shall include either a single "composite" retest (i.e., a statistical analysis that augments and reanalyzes the data from the Monitoring Point that indicated a release) or shall consist of at least two "discrete" retests (i.e., statistical analyses each of which analyzes only newly acquired data from the Monitoring Point that indicated a release). The verification procedure shall comply with the following requirements in addition to the statistical performance standards under (e)(9):

1. Discrete Retest Rule — if the verification procedure consists of discrete retests, rejection of the null hypothesis for any one of the retests shall be considered confirmation of "measurably significant" (see section 20164) evidence of a release;

2. Retest Sample Size — the number of additional samples collected and analyzed for use in the verification procedure shall be appropriate for the form of statistical test specified in the WDRs for that COC or Monitoring Parameter pursuant to (e)(7). The number of additional samples (obtained at the indicating Monitoring Point for the indicating COC or Monitoring Parameter) shall be greater than or equal to the number of samples specified in the WDRs for that constituent or parameter pursuant to (e)(12)(A);

3. 30-Day Resampling Window — if resampling at the interval identified for use in the initial statistical test pursuant to (e)(12)(B) would cause the entire resampling effort to take longer than 30 days, the sampling interval for use in the verification procedure shall be reduced to ensure that all samples are collected and submitted for laboratory analysis within 30 calendar days from the time that the discharger determines "measurably significant" (see section 20164) evidence of a release pursuant to section 20420(g or i);

4. Data Mix (for Composite Retest) — for a verification procedure containing a composite retest, the statistical verification procedure shall be based on all data obtained from the initial sampling event combined with all data obtained during the resampling event. For a verification procedure containing discrete retests, each retest shall analyze data obtained during its respective resampling event(s) and no data shall be shared between retests;

5. Retest Effects on Type I Error Rate — the Type I error for statistical methods employing a retest procedure shall be as follows:

a. When Initial Test = Retest — in cases where the discharger proposes to use the same statistical test for both the initial test and the retest, either:

i. For Composite Retest — for a verification procedure containing a composite retest, the statistical test method used in the verification procedure shall be conducted at a Type I error rate of no less than 0.05 for both the experiment wise analysis (if any) and the individual Monitoring Point comparisons. Therefore, if a control chart approach is used to evaluate water quality monitoring data, the upper limit on an X Bar or R Chart must be set at no more than 1.645 standard deviations of the statistic plotted for a one sided statistical comparison or at no more than 1.96 standard deviations of the statistic plotted for a two sided statistical comparison; or

ii. For Discrete Retest (& Original Test Too) — For a verification procedure containing discrete retests, the statistical test method used shall be the same as the method used in the initial statistical comparison. Notwithstanding any provision of (e)(9), the critical value for the tests shall be chosen so that the Type I error rate for all individual monitoring point comparisons is the same, whether for an initial test or for a retest, and is equal to or greater than either

(1-[0.95]^1/[M*W*S])^0.5 * (1/R)^0.5 , or

1-(0.99)^1/S ,

whichever is larger, where: M = the number of Monitoring Parameters (or COCs, as appropriate) being tested by statistical methods during that Reporting Period; W = the total number of Monitoring Points at the Unit (considering all monitored media); S = the number of times that suites of monitoring data from the Unit are subjected to initial statistical analysis within a period of six months (i.e., for Monitoring Parameter testing, S>=1, but for COC testing, S=1); and R = the number of discrete retests that are to be conducted at a Monitoring Point for a given COC or Monitoring Parameter whose initial statistical analysis, at that Monitoring Point, has indicated the presence of a release (i.e., R>= 2); or

b. When Retest Differs From Initial Test Method — in cases where the discharger proposes to use a different statistical test for the composite or discrete retest than that which provided the initial indication of a release (e.g., parametric Tolerance Limit test facility-wide, following by a parametric Prediction Limit retest for any indicating Monitoring Point), the individual Monitoring Point error level requirements of (e)(9)(B) do not apply. Nevertheless, the discharger shall demonstrate that the initial and retest method, in combination, provide:

i. a facility-wide false positive rate of >= 5%, for the indicated COC or Monitoring Parameter; and

ii. a statistical power equivalent to or better than the USEPA Reference Power Curve (see Section 5 and Appendix B of "Statistical Analysis of Ground-Water Monitoring Data at RCRA Facilities C Addendum To Interim Final Guidance", USEPA Office of Solid Waste, Washington, D.C., July, 1992), which is hereby incorporated by reference.

6. Reporting — the discharger shall report to the RWQCB by certified mail the results of both the initial statistical test and the results of the verification procedure, as well as all concentration data collected for use in these tests within seven days of the last laboratory analysis of the samples collected for the verification procedure; and

7. Scope — the verification procedure shall only be performed for the constituent(s) or parameters which has shown "measurably significant" (see section 20164) evidence of a release, and shall be performed for those Monitoring Points at which a release is indicated.

(9) Data Analysis Method Performance Standards — In cases where the discharger proposes to use a non-statistical data analysis method, the discharger shall demonstrate that it meets the performance standard given in the leading paragraph of (e)(8). Each statistical method chosen under (e)(7) for specification in the WDRs shall comply with the following performance standards for each six month period:

(A) Fit & Performance — the statistical method used to evaluate water quality monitoring data shall be appropriate for the distribution of the COC or Monitoring Parameter to which it is applied and shall be the least likely of the appropriate methods to fail to identify a release from the Unit. If the distribution of a COC or Monitoring Parameter is shown by the discharger to be inappropriate for a normal theory test, then the data shall be either transformed so that the distribution of the transformed data is appropriate for a normal theory test or a distribution free theory test shall be used. If the distributions for the COC or Monitoring Parameters differ, more than one statistical method may be needed;

(B) Level — if an individual Monitoring Point comparison procedure is used to compare an individual Monitoring Point constituent concentration or Monitoring Parameter value with a concentration limit in the Water Standard or with a background Monitoring Parameter value, the test shall be done at a Type I error rate (as a decimal fraction) no less than 0.01. If a multiple comparisons procedure is used, the Type I experiment wise error rate (experiment-wise) shall be no less than 0.05; however, a Type I error rate of no less than 0.01 for individual Monitoring Point comparisons shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, control charts, or any method using discrete retests [for levels applicable to the latter case, see (e)(8)(E)5.b.];

(C) Control Chart Rate — if a control chart approach is used to evaluate water quality monitoring data, the specific type of control chart and its associated statistical parameter values (e.g., the upper control limit) shall be included in the supporting documentation under (e)(7). The discharger shall use the procedure only if the discharger’s supporting documentation under (e)(7) shows the procedure to be protective of human health and the environment. Any control charting procedure must have a false positive rate of no less than 1 percent for each Monitoring Point charted (e.g., upper control limits on X bar or R Charts used only once every six months must be set at no more than 2.327 standard deviations of the statistic plotted for a one sided statistical comparison or at no more than 2.576 standard deviations of the statistic plotted for a two sided statistical comparison);

(D) Tol. Int./Pred. Int. Rate — if a tolerance interval or a prediction interval is used to evaluate water quality monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain shall be proposed by the discharger and included in the technical documenation submitted to the RWQCB pursuant to (e)(7). The discharger can use the parameters only if the documentation submitted under (e)(7) shows these statistical parameters to be protective of human health and the environment. These statistical parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentrations or values for each COC or Monitoring Parameter. The coverage of any tolerance interval used shall be no more than 95 percent and the confidence coefficient shall be no more than 95 percent for a six month period. Prediction intervals shall be constructed with an experiment wise error rate of no less than 5 percent and an individual monitoring point error rate of no less than 1 percent;

(E) Addressing Censored Data — the statistical method shall account for data below the practical quantitation limit with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit validated pursuant to (e)(7) that is used in the statistical method shall be the lowest concentration (or value) that can be reliably achieved within limits of precision and accuracy specified in the WDRs for routine laboratory operating conditions that are available to the facility. The discharger’s technical report, under (e)(7) shall consider the practical quantitation limits listed in Appendix IX to Chapter 14 of Division 4.5 of Title 22, California Code of Regulations (Appendix IX) for guidance when specifying limits of precision and accuracy in the WDRs;

(F) Seasonal/Spatial Variability — if necessary, the statistical methods shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data; and

(G) Outliers — any quality control procedure that is declared for use, in the technical report under (e)(7), for application to water quality data from downgradient monitoring points for a monitored medium shall also be applied to all newly acquired background data from that medium. Any newly acquired background monitoring datum that is rejected by an approved quality control procedure shall be maintained in the facility record but shall be excluded from use in statistical comparisons with downgradient water quality data.

(10) Background Values/Procedures — Based on the data collected pursuant to (e)(6) and the data analysis methods addressed in the technical report under (e)(7), the discharger shall justify the use of a procedure for determining a background value for each COC and for each Monitoring Parameter specified in the WDRs. These procedures shall be proposed for ground water, surface water, and the unsaturated zone. The discharger shall declare and substantiate one of the following methods in the technical report under (e)(7):

(A) By Reference to Historical Data — a procedure for determining a background value for each constituent or parameter that does not display appreciable variation; or

(B) By Using a Formula/Procedure — a procedure for establishing and updating a background value for a constituent or parameter to reflect changes in the background water quality if the use of contemporaneous or pooled data provides the greatest power to the data analysis method for that constituent or parameter.

(11) [Reserved]

(12) Sampling Methods — For each COC and Monitoring Parameter listed in the WDRs, the discharger shall verify, in the technical report under (e)(7), that the sampling methods to be used to establish background values and the sampling methods to be used for monitoring pursuant to this article are consistent with the following:

(A) Sample Size — the number and kinds of samples collected shall be appropriate for the form of data analysis employed and, in the case of statistical data analysis shall follow generally accepted statistical principles. The "sample size" (i.e., the number of water quality data points representing a given Monitoring Point or Background Monitoring Point) approved for the data analysis method shall be as large as necessary to ensure with reasonable confidence that:

1. for a detection monitoring program, a release from the Unit will be detected;

2. for an evaluation monitoring program, changes in water quality due to a release from the Unit will be recognized; and

3. for a corrective action program, compliance with the water quality protection standard and effectiveness of the corrective action program will be determined; and

(B) Data Collection & Analysis — the sampling method (including the sampling frequency and the interval of time between successive samples) shall be appropriate for the medium from which samples are taken (e.g., ground water, surface water, and soil pore liquid). For ground water, sampling shall be scheduled to include the times of expected highest and lowest elevations of the potentiometric surface. The sampling method shall assure, to the greatest extent possible, that independent samples are obtained. For ground water, the discharger can use a post-sampling purge to assure sample independence whenever the time between successive sampling events (for a given COC or Monitoring Parameter) is insufficient to assure sample independence, in which case the volume of well water to be withdrawn from the well bore for the post sampling purge shall be determined by the same method used to determine adequate pre sampling purging. The sampling method selected shall include collection of at least the appropriate number of new data points [pursuant to (e)(12)(A)] at least semi annually from each Monitoring Point and background monitoring point and data analysis carried out at least semi annually. The RWQCB shall require more frequent sampling and statistical analysis than is stated in the discharger’s technical report under (e)(7) where necessary to protect human health or the environment.

(13) Elevation & Field Parameters — The ground water portion of the monitoring program shall include an accurate determination of the ground water surface elevation and field parameters (temperature, electrical conductivity, turbidity, and pH) at each well each time ground water is sampled.

(14) Annual Data Graphs — The discharger shall graph all analytical data from each Monitoring Point and Background Monitoring Point and shall submit these graphs to the RWQCB at least once annually, except that graphs are not required for constituents for which no new data has been collected since the previous graph submittal. Graphs shall be at a scale appropriate to show trends or variations in water quality. All graphs for a given constituent shall be plotted at the same scale to facilitate visual comparison of monitoring data. Unless the discharger receives written approval from the RWQCB to use an alternate procedure that more effectively illustrates trends or variations in the data, each graph shall represent data from one Monitoring Point or Background Monitoring Point and one Constituent of Concern or Monitoring Parameter.

(15) G.W. Flow Direction — In addition to the water quality sampling conducted pursuant to the requirements of this article, the discharger shall measure the water elevation in each well and determine ground water flow rate and direction in the uppermost aquifer and in any zones of perched water and in any additional portions of the zone of saturation monitored pursuant to (b)(1) at least quarterly, including the times of expected highest and lowest elevations of the water levels in the wells.

(16) Operating Record — Water quality monitoring data collected in accordance with this article, including actual values of constituents and parameters, shall be maintained in the facility operating record. The RWQCB shall specify in the WDRs when the data shall be submitted for review.

Note:

Authority cited:
Section 1058, Water Code.

Reference:
Sections 13172, 13263, and 13267, Water Code; Section 43103, Public Resources Code.

(a) General — A discharger required, pursuant to section 20385, to establish a detection monitoring program for a Unit shall, at a minimum, comply with the requirements of this section for that Unit.

(b) Standards — The discharger subject to this section shall install water quality monitoring systems that are appropriate for detecting, at the earliest possible time, a release from the Unit, and that comply with applicable provisions of section 20415.

(c) Background — The discharger shall establish a background value pursuant to section 20415(e)(10) for each Monitoring Parameter specified pursuant to (e) and for each Constituent of Concern under section 20395.

(d) Water Standard — The RWQCB shall specify the Water Standard under section 20390 in the WDRs.

(e) Monitoring Parameters — The discharger shall propose for approval by the RWQCB a list of Monitoring Parameters for each medium (ground water, surface water, and the unsaturated zone) to be monitored pursuant to (i) and section 20415, including a data analysis method meeting the requirements of that section for each Monitoring Parameter. The list for each monitored medium shall include those physical parameters, hazardous constituents, waste constituents, and reaction products that provide a reliable indication of a release from the Unit to that medium. In addition, for an MSW landfill, the list of monitoring parameters shall meet the requirements of SWRCB Resolution No. 93-62 (which incorporates by reference the federal requirements of 40CFR258.54). The RWQCB shall specify each list of Monitoring Parameters in the WDRs after considering the following factors:

(1) the types, quantities, and concentrations of constituents in wastes managed at the Unit;

(2) the expected or demonstrated correlation between the proposed Monitoring Parameters and the Constituents of Concern specified for the Unit under section 20395;

(3) the mobility, stability, and persistence of waste constituents or their reaction products;

(4) the detectability of physical parameters, waste constituents, and reaction products; and

(5) the background values and the coefficients of variation of proposed Monitoring Parameters in ground water, surface water, and the unsaturated zone.

(f) Routine Monitoring — The discharger shall monitor [pursuant to (i)] for the Monitoring Parameters listed in the WDRs pursuant to (e). The RWQCB shall specify the frequencies for collecting samples and for analyzing the resulting data, pursuant to section 20415(e)(12).

(g) Five-Yearly COC Monitoring — In addition to monitoring for the Monitoring Parameters specified pursuant to (e), the discharger shall periodically monitor for COCs specified in the WDRs, and shall determine, pursuant to (i), whether there is "measurably significant" (see definition in section 20164) evidence of a release for any COC using the data analysis procedure specified pursuant to section 20415(e)(7). The RWQCB shall specify in WDRs the frequencies and locations for monitoring pursuant to this paragraph after considering the degree of certainty associated with the expected or demonstrated correlation between values for Monitoring Parameters and values for the COCs. Monitoring pursuant to this paragraph shall be conducted at least every five years.

(h) Data Record & Format — The discharger shall maintain a record of water quality analytical data as measured and in a form necessary for implementing the data analysis procedure required pursuant to (g) and (i).

(i) Data Analysis — For each Monitoring Point, the discharger shall determine whether there is "measurably significant" (see section 20164) evidence of a release from the Unit for any Monitoring Parameter (or COC) specified in the WDRs pursuant to (e) at a frequency specified pursuant to (f) or  (g).

(1) In determining whether "measurably significant" (see section 20164) evidence of a release from the Unit exists, the discharger shall use the method(s) chosen pursuant to section 20415(e)(7). This method(s) shall be used to compare data collected at the Monitoring Point(s) with the background water quality data, except as otherwise provided in section 20400(i).

(2) Determination — The discharger shall determine whether there is "measurably significant" (see section 20164) evidence of a release from the Unit at each Monitoring Point within a reasonable period of time after completion of sampling. The RWQCB shall specify in the WDRs what period of time is reasonable after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of samples.

(3) RWQCB Finding — The provisions of this section shall not preclude the RWQCB from making an independent finding that there is "measurably significant" (see section 20164) evidence of a release from the Unit. If the RWQCB makes such a finding, the discharger shall comply with the provisions of this section that are required in response to "measurably significant" (see section 20164) evidence of a release from the Unit.

(j) If Release Indicated — If the discharger determines pursuant to (i) that there is "measurably significant" (see section 20164) evidence of a release from the Unit, the discharger:

(1) Notification — shall immediately notify RWQCB staff verbally of the finding and shall provide written notification by certified mail within seven days of such determination. The notification shall, for each affected monitoring point, identify the monitoring parameters and constituents of concern that have indicated "measurably significant" (see section 20164) evidence of a release from the Unit;

(2) Retest Optional — can immediately initiate the verification procedure pre approved by the RWQCB [pursuant to section 20415(e)(8)(E)] to verify that there is "measurably significant" (see section 20164) evidence of a release from the Unit for a parameter or constituent which has indicated a release at a Monitoring Point; and

(3) Next Step — immediately following detection of a release [or after completing the retest under (j)(2)], shall comply with the requirements of (k).

(k) Responding to Release Discovery — If a verification procedure, performed pursuant to (j)(2), confirms that there is "measurably significant" (see section 20164) evidence of a release from the Unit or if the discharger does not resample the discharger shall perform the following:

(1) Non-Statistical COC Scan — if the detection was made based upon sampling and analysis for Monitoring Parameters [under (f)], immediately sample all Monitoring Points in the affected medium at that Unit and determine the concentration of all COC. Because this COC scan does not involve statistical testing, the discharger need collect and analyze only a single water sample from each Monitoring Point in the affected medium. The RWQCB can approve an appropriate subset of Monitoring Points to be sampled for all COCs, based upon the hydrogeologic conditions at the Unit;

(2-4) [Reserved.];

(5) Amended ROWD Proposing EMP — within 90 days of determining "measurably significant" (see section 20164) evidence of a release, submit to the RWQCB an amended report of waste discharge to establish an evaluation monitoring program meeting the provisions of section 20425. The report shall include the following information:

(A) COC Concentrations — the maximum concentration of each COC at each Monitoring Point as determined during the most recent COC sampling event [i.e., under (g) or (k)(1)];
(B) Proposed Monitoring System Changes — any proposed changes to the water quality monitoring systems at the Unit necessary to meet the provisions of section 20425;

(C) Proposed Monitoring Changes — any proposed additions or changes to the monitoring frequency, sampling and analytical procedures or methods, or statistical methods used at the Unit necessary to meet the provisions of section 20425; and

(D) Proposed Delineation Approach — a detailed description of the measures to be taken by the discharger to assess the nature and extent of the release from the Unit;

(6) Submit Initial EFS — within 180 days of determining measurably significant evidence of a release, submit to the RWQCB an engineering feasibility study for a corrective action program necessary to meet the requirements of section 20430. At a minimum, the feasibility study shall contain a detailed description of the corrective action measures that could be taken to achieve background concentrations for all Constituents of Concern; and

(7) Optional Demonstration (That Unit Is Not At Cause) — if the discharger determines, pursuant to (i), that there is "measurably significant" (see section 20164) evidence of a release from the Unit at any Monitoring Point, the discharger may demonstrate that a source other than the Unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis, or statistical evaluation or by natural variation in the ground water, surface water, or the unsaturated zone. The discharger may make a demonstration pursuant to this subsection in addition to or in lieu of submitting both an amended report of waste discharge pursuant to (k)(5) and an engineering feasibility study pursuant to (k)(6); however, the discharger is not relieved of the requirements specified in (k)(5) and (k)(6) unless the demonstration made pursuant to this subsection successfully shows that a source other than the Unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis, or evaluation, or from natural variation in ground water, surface water, or the unsaturated zone. In making a demonstration pursuant to this subsection, the discharger shall:

(A) Notification of Intent — within seven days of determining "measurably significant" (see section 20164) evidence of a release, notify the RWQCB by certified mail that the discharger intends to make a demonstration pursuant to this subsection [(k)(7)];

(B) Demonstration Due Date — within 90 days of determining "measurably significant" (see section 20164) evidence of a release, submit a report to the RWQCB that demonstrates that a source other than the Unit caused the evidence, or that the evidence resulted from error in sampling, analysis, or evaluation, or from natural variation in ground water, surface water, or the unsaturated zone;

(C) Amended ROWD — within 90 days of determining "measurably significant" (see section 20164) evidence of a release, submit to the RWQCB an amended report of waste discharge to make any appropriate changes to the detection monitoring program; and

(D) DMP Continues — continue to monitor in accordance with the detection monitoring program established pursuant to this section.

(l) Changes in Response to Other Problems — If the discharger determines that there is significant physical evidence of a release, as described in section 20385(a)(3), or that the detection monitoring program does not satisfy the requirements of this section, the discharger shall:

(1) notify the RWQCB by certified mail within 7 days of such determination; and

(2) within 90 days of such determination, submit an amended report of waste discharge to make any appropriate changes to the program.

(m) Changes By RWQCB — Any time the RWQCB determines that the detection monitoring program does not satisfy the requirements of this section the RWQCB shall send written notification of such determination to the discharger by certified mail, return receipt requested; the discharger shall, within 90 days after receipt of such notification by the RWQCB, submit an amended report of waste discharge to make any appropriate changes to the program.

(n) [Reserved.]

Note: 

Authority cited:
Section 1058, Water Code. 

Reference: 
Sections 13172, 13263, and 13267, Water Code; Section 43103, Public Resources Code.

(a)General —

(1) A discharger required pursuant to section 20385 to establish an evaluation monitoring program for a Unit shall, at a minimum, comply with the requirements of this section for that Unit.

(2) Standards — The evaluation monitoring program shall be used to assess the nature and extent of the release from the Unit and to design a corrective action program meeting the requirements of section 20430.

(b) 90 Days To Delineate Release — The discharger shall collect and analyze all data necessary to assess the nature and extent of the release from the Unit. This assessment shall include a determination of the spacial distribution and concentration of each COC throughout the zone affected by the release. The discharger shall complete and submit this assessment within 90 days of establishing an evaluation monitoring program. For MSW landfills, the discharger shall comply with the additional notification and monitoring system requirements incorporated by reference into SWRCB Resolution No. 93-62, regarding notification and monitoring relative to offsite or potential off-site migration of waste constituents [see sections 258.55(g)(1)(ii & iii) of 40CFR258].

(c) 90 Days to Update EFS — Based on the data collected pursuant to (b) and (e), the discharger shall update the engineering feasibility study for corrective action required pursuant to section 20420(k)(6). The discharger shall submit this updated engineering feasibility study to the RWQCB within 90 days of establishing an evaluation monitoring program.

(d) 90 Days to Amend ROWD — Based on the data collected pursuant to (b) and on the engineering feasibility study submitted pursuant to (c), the discharger shall submit an amended report of waste discharge to establish a corrective action program meeting the requirements of section 20430. The discharger shall submit this report to the RWQCB within 90 days of establishing an evaluation monitoring program.

(1) MSW Landfills — For MSW landfills, the discharger shall meet the additional federal notification requirements incorporated by reference by SWRCB Resolution No. 93-62 [see 40CFR258.56(d)].

(2) Minimum ROWD Update — This report shall at a minimum include the following information:

(A) Delineation of Release — a detailed assessment of the nature and extent of the release from the Unit;

(B) Water Standard — a proposed Water Standard under section 20390, including any proposed CLGBs under section 20400, and all data necessary to justify each such limit;

(C) Corrective Action Measures — a detailed description of proposed corrective action measures that will be taken to achieve compliance with the Water Standard proposed for a corrective action program; and

(D) Monitoring Plan — a plan for a water quality monitoring program that will demonstrate the effectiveness of the proposed corrective action.

(3) Coordinated Landfill Gas Control — For landfills at which the information submitted under (d) indicates that the release likely involves landfill gas, the RWQCB shall notify and shall coordinate, as appropriate, with the EA and (as appropriate) the CIWMB in developing those aspects of the corrective action program involving the design, installation, and operation of the landfill-gas control and monitoring systems at the Unit, such that the resulting gas control program satisfies the needs of all agencies concerned. [Note: the CIWMB’s gas control regulations are in Article 6, Subchapter 4, Chapter 3 (section 20920 et seq.)]

(e) Ongoing Monitoring — In conjunction with the assessment conducted pursuant to (b), and while awaiting final approval of the amended report of waste discharge, submitted pursuant to (d), the discharger shall monitor ground water, surface water, and the unsaturated zone to evaluate changes in water quality resulting from the release from the Unit. In conducting this monitoring, the discharger shall comply with the following requirements:

(1) EMP Monitoring Points — the discharger shall install water quality monitoring systems that are appropriate for evaluation monitoring and that comply with the provisions of section 20415. These water quality monitoring systems can include all or part of existing monitoring systems;

(2) EMP Monitoring Parameters — the discharger shall propose for approval by the RWQCB a list of Monitoring Parameters for each medium (ground water, surface water, and the unsaturated zone) to be monitored pursuant to section 20415. The list for each medium shall include all hazardous constituents that have been detected in that medium and those physical parameters, waste constituents, and reaction products that provide a reliable indication of changes in water quality resulting from any release from the Unit to that medium. For MSW landfills, the list of Monitoring Parameters must also meet the federal requirements incorporated by reference into SWRCB Resolution No. 93-62 [see section 258.54(a) and section 258.55(a) of 40CFR258]. The RWQCB shall specify each list of Monitoring Parameters in the WDRs after considering the following factors:

(A) the types, quantities, and concentrations of COCs in wastes managed at the Unit;

(B) information that demonstrates, to the satisfaction of the RWQCB, a sufficient correlation between the proposed Monitoring Parameters and the COCs specified for the Unit;

(C) the mobility, stability, and persistence of COCs [i.e., waste constituents and their (known or anticipated) reaction products];

(D) the detectability of COCs and of monitored physical parameters; and

(E) the background values and the coefficients of variation of proposed Monitoring Parameters in ground water, surface water, and the unsaturated zone;

(3) Monitoring Parameter Analyses — the discharger shall monitor for the Monitoring Parameters listed in the WDRs pursuant to (e)(2). The discharger shall use data analysis methods and frequencies for collecting samples and for conducting data analyses that comply with section 20415(e)(7) for evaluating changes in water quality due to the release from the Unit;

(4) Five-Yearly COC Monitoring — in addition to monitoring for the Monitoring Parameters specified pursuant to (e)(3), at least every five years, the discharger shall periodically monitor for all constituents of concern specified in the WDRs to evaluate changes in water quality due to the release from the Unit. The discharger shall use data analysis methods for conducting data anlsyses that comply with section 20415(e)(7) for evaluating changes in water quality due to the release from the Unit;

(5) Data Records & Format — the discharger shall conduct water quality monitoring for each Monitoring Parameter and each COC in accordance with section 20415(e)(12). The discharger shall maintain a record of water quality analytical data as measured and in a form necessary for the evaluation of changes in water quality due to a release from the Unit;

(6) [Reserved.]; and

(7) Note and Report Changes — while awaiting final approval of an amended report of waste discharge [submitted under (e)] to establish a corrective action program, the discharger shall evaluate all water quality data obtained pursuant to (e) with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the discharger shall:

(A) notify the RWQCB by certified mail within 7 days of such determination; and

(B) within 90 days of such determination, submit for approval by the RWQCB any appropriate changes to the amended report of waste discharge.

(f) Optional Demonstration — The discharger may demonstrate that a source other than the Unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis, or statistical evaluation, or by natural variation in ground water, surface water, or the unsaturated zone. Upon a successful demonstration the RWQCB shall specify that the discharger shall reinstitute a detection monitoring program meeting the requirements of §20420. In making a demonstration under this subsection, the discharger shall:

(1) Notification — notify the RWQCB by certified mail that the discharger intends to make a demonstration pursuant to this subsection;

(2) Submit Demonstration Report — submit a report to the RWQCB that demonstrates that a source other than the Unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis, or evaluation, or from natural variation in ground water, surface water, or the unsaturated zone;

(3) Submit Amended ROWD — submit to the RWQCB an amended report of waste discharge to reinstitute a detection monitoring program for the Unit. This report shall propose all appropriate changes to the monitoring program; and

(4) Continue EMP Monitoring — continue to monitor in accordance with the evaluation monitoring program established pursuant to this section.

(g) Interim CAMs — The RWQCB shall require interim corrective action measures where necessary to protect human health or the environment.

(h) Discharger-Initiated EMP Changes — If the discharger determines that the evaluation monitoring program does not satisfy the requirements of this section, the discharger shall, within 90 days, submit an amended report of waste discharge to make any appropriate changes to the program.

(i) RWQCB-Initiated EMP Changes — Any time the RWQCB determines that the evaluation monitoring program does not satisfy the requirements of this section, the RWQCB shall send written notification of such determination to the discharger by certified mail, return receipt requested. The discharger shall, within 90 days of such notification by the RWQCB, submit an amended report of waste discharge to make appropriate changes to the program.

Note:

Authority cited:
Section 1058, Water Code.

Reference:
Sections 13172, 13263, and 13267, Water Code; Section 43103, Public Resources Code.

(a) General — A discharger required pursuant to section 20385 to establish a corrective action program for a Unit shall, at a minimum, comply with the requirements of this section for that Unit.

(b) Standards — The discharger shall take corrective action to achieve the following goals: to remediate releases from the Unit; to ensure that the discharger achieves compliance with the Water Standard adopted under section 20390 for that Unit. The RWQCB shall specify the Water Standard for corrective action [including any concentration limits greater than background, under section 20400(c-g)] in the WDRs.

(c) Scope of Actions — The discharger shall implement corrective action measures that ensure that COCs achieve their respective concentration limits at all Monitoring Points and throughout the zone affected by the release, including any portions thereof that extend beyond the facility boundary, by removing the waste constituents or treating them in place. The discharger shall take other action approved by the RWQCB to prevent noncompliance with those limits due to a continued or subsequent release from the Unit, including but not limited to, source control. The WDRs shall specify the specific measures that will be taken.

(d) Monitoring — In conjunction with the corrective action measures, the discharger shall establish and implement a water quality monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program can be based on the requirements for an evaluation monitoring program (under section 20425), and shall be effective in determining compliance with the Water Standard (under section 20390) and in determining the success of the corrective action measures pursuant to (c).

(e) Compliance Schedule — Corrective action measures taken pursuant to this section shall be initiated and completed by the discharger within a period of time specified by the RWQCB in the WDRs.

(f) Terminating Measures — Corrective action measures taken pursuant to (c) (e.g., pumping and treatment of ground water) may be terminated when the discharger demonstrates to the satisfaction of the RWQCB that the concentrations of all COCs are reduced to levels below their respective concentration limits throughout the entire zone affected by the release.

(g) Demonstrating Completion of CAP — After suspending the corrective action measures, pursuant to (f), the Unit shall implement the remaining portions of the Corrective Action Program until an approved Detection Monitoring Program meeting the requirements of section 20420 has been incorporated into WDRs and until the discharger demonstrates to the satisfaction of the RWQCB that the Unit is in compliance with the Water Standard (under section 20390). If the Unit is an MSW landfill, then this demonstration shall meet the federal requirements incorporated by reference in SWRCB Resolution No. 93-62 [see section 258.58(c) of 40CFR258], in lieu of meeting the requirements of (g)(1 & 2). For all other Units, this demonstration shall be based on the following criteria and requirements:

(1) the concentration of each COC in each sample from each Monitoring Point in the Corrective Action Program for the Unit must have remained at or below its respective concentration limit during a proof period of at least one year, beginning immediately after the suspension of corrective action measures; and

(2) the individual sampling events for each Monitoring Point must have been evenly distributed throughout the proof period and have consisted of no less than eight sampling events per year per Monitoring Point.

(h) Semi-Annual Progress Reports — The discharger shall report, in writing, to the RWQCB on the effectiveness of the corrective action program. The discharger shall submit these reports at least semi annually. More frequent reporting shall be required by the RWQCB as necessary to ensure the protection of human health or the environment.

(i) Discharger-Initiated CAP Changes — If the discharger determines that the corrective action program does not satisfy the provisions of this section, the discharger shall, within 90 days of making the determination, submit an amended report of waste discharge to make appropriate changes to the program.

(j) RWQCB-Initiated CAP Changes — Any time the RWQCB determines that the corrective action program does not satisfy the requirements of this section, the discharger shall, within 90 days of receiving written notification of such determination by the RWQCB, submit an amended report of waste discharge to make appropriate changes to the program.

Note:

Authority cited: 
Section 1058, Water Code. 

Reference: 
Sections 13172, 13263, 13267 and 13304, Water Code; Section 43103, Public Resources Code.

(a) General — A discharger required pursuant to the provisions of this article to conduct unsaturated zone monitoring at a land treatment unit (LTU) shall comply with the unsaturated zone monitoring and response provisions of this section in conjunction with all other unsaturated zone monitoring and response provisions of this article.

(b) Monitor Below Zone — The discharger shall monitor the soil and soil pore liquid to determine whether COCs migrate out of the treatment zone.

(c) Mon. Pars. & COCs — The RWQCB shall specify the Monitoring Parameters and Constituents of Concern to be monitored in the WDRs. The Monitoring Parameters to be monitored are those specified pursuant to section 20420(e)for detection monitoring and section 20425(e)(2) for evaluation monitoring. The COCs to be monitored are those specified in the Water Standard specified under section 20390 for each monitoring and response program. The COCs to be monitored shall include the constituents, including hazardous constituents, that must be degraded, transformed, or immobilized in the treatment zone of the LTU.

(d) [Reserved.]

(e) Monitoring Below Treatment Zone — The discharger shall install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil pore liquid monitoring using appropriate devices such as lysimeters capable of acquiring soil pore liquid samples. The unsaturated zone monitoring system shall consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:

(1) represent the quality of background soil pore liquid quality and the chemical makeup of soil that has not been affected by a release from the treatment zone; and

(2) indicate the quality of soil pore liquid and the chemical makeup of the soil below the treatment zone.

(f) Background — The discharger shall establish a background value for each monitoring parameter and each COC to be monitored under (c). The discharger shall propose, for approval by the RWQCB, the background values for each Monitoring Parameter and each COC or the procedures to be used to calculate the background values according to the provisions of section 20415(e)(10). The RWQCB shall specify the background values or procedures in WDRs according to section 20415(e)(10).

(g) Background Plot — Background soil values may be based on a one time sampling at a background plot having characteristics similar to those of the treatment zone. For new land treatment units, background soil values shall include data from sampling at the proposed plot for the unit.

(h) Initial Background Data — Background soil pore liquid values shall be based on at least quarterly sampling for one year at a background plot having characteristics similar to those of the treatment zone. For new land treatment units, background soil pore liquid values shall include data from sampling at the proposed plot for the Unit.

(i) Data Format — The discharger shall express all background values in a form necessary for the determination of "measurably significant" (see section 20164) increases pursuant to (n).

(j) Performance Standard — In taking samples used in the determination of all background values, the discharger shall use an unsaturated zone monitoring system that complies with (e)(1).

(k) Timing & Frequency — The discharger shall conduct soil monitoring and soil pore liquid monitoring immediately below the treatment zone. The RWQCB shall specify the frequency and timing of soil and soil pore liquid monitoring in the WDRs after considering all other monitoring provisions of this article, the frequency, timing, and rate of waste application, the soil hydraulic conductivity, and the maximum anticipated rate of migration. The discharger shall express the results of soil and soil pore liquid monitoring in a form necessary for the determination of "measurably significant" (see section 20164) increases pursuant to (n).

(l) Propose Procedures — The discharger shall propose, for approval by the RWQCB, consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil pore liquid quality and the chemical makeup of the soil below the treatment zone. At a minimum, the discharger shall implement the approved procedures and techniques for:

(1) sample collection;

(2) sample preservation and shipment;

(3) analytical procedures; and

(4) chain of custody control.

(m) Testing — The discharger shall determine whether there is a "measurably significant" (see section 20164) increase below the treatment zone using a statistical method that provides reasonable confidence that migration from the treatment zone will be identified. The discharger shall propose each statistical method in accordance with the provisions of this subsection and pursuant to the provisions of section 20415(e)(7). The RWQCB shall specify each statistical method pursuant to section 20415(e)(7) that the RWQCB finds:

(1) is appropriate for the distribution of the data used to establish background values; and

(2) provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone.

(n) Coordinate w/DMP Sampling — The discharger shall determine whether there is a "measurably significant" (see section 20164) change over background values for each Monitoring Parameter [or, on a five-yearly basis under section 20420(g), for each COC] to be monitored below the treatment zone each time the discharger conducts soil monitoring and soil pore liquid monitoring under (k).

(o) Data Analysis — In determining whether a "measurably significant" (see section 20164) increase has occurred, the discharger shall compare the value of each parameter or constituent, using data obtained pursuant to (n), to the background value for that parameter or constituent by using an appropriate statistical procedure specified in the WDRs pursuant to this section.

(p) Timing of Data Analysis — The discharger shall determine whether there has been a "measurably significant" (see section 20164) increase below the treatment zone within a reasonable time period after completion of sampling. The RWQCB shall specify this time period in the WDRs after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil pore liquid samples.

(q) Discovery of a Release — If the discharger determines pursuant to (n), that there has been a "measurably significant" (see section 20164) increase in the value of a hazardous constituent below the treatment zone the discharger shall:

(1) report to the RWQCB describing the full extent of the dischargers findings, including the identification of all constituents that have shown a "measurably significant" (see section 20164) increase, within 72 hours of making such a determination; and

(2) submit written notification of this finding to the RWQCB within seven days of making such a determination.

(r) Release Response Options — Upon receiving notice pursuant to (q) or upon the independent confirmation by the RWQCB, the RWQCB shall order the discharger to cease operating the LTU. The discharger shall not resume operating the LTU and shall close the LTU unless one of the following actions is taken:

(1) Cleanup, and Change Practices — the discharger completes appropriate removal or remedial actions to the satisfaction of the RWQCB and the discharger submits to the RWQCB and the RWQCB approves, an amended report of waste discharge to modify the operating practices at the unit to maximize the success of degradation, immobilization, or transformation processes in the treatment zone; or

(2) Cleanup, Line Unit, and Change Practices — the discharger completes appropriate removal or remedial actions, submits to the RWQCB and the RWQCB approves, an amended report of waste discharge to modify the operating practices at the unit to maximize the success of degradation, immobilization, or transformation processes in the treatment zone, and equips the land treatment unit with liners, and a leachate collection and removal system that satisfy the provisions of section 20330 and section 20340.

(s) Schedule of Compliance — All actions taken by a discharger pursuant to (r)(1 or 2) shall be completed within a time period specified by the RWQCB, which shall not exceed 18 months after the RWQCB receives notice pursuant to (q)(1). If the actions are not completed within this time period, the LTU shall be closed, unless granted an extension by the RWQCB due to exceptional circumstances beyond the control of the discharger.

(t) Optional Demonstration — If the discharger determines pursuant to (n) that there is a "measurably significant" (see section 20164) increase of hazardous constituents below the treatment zone, the discharger may demonstrate that the increase resulted from an error in sampling, analysis, or evaluation. While the discharger may make a demonstration pursuant to this subsection in addition to or in lieu of the requirements of (r)(1 or 2), the discharger is not relieved of the requirements of (r and s) unless the demonstration made pursuant to this subsection successfully shows that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration pursuant to this subsection, the discharger shall:

(1) Notification — notify the RWQCB of this finding in writing within seven days of determining a "measurably significant" (see section 20164) increase beneath the treatment zone that the discharger intends to make a demonstration pursuant to this subsection;

(2) Demonstration Submittal Deadline — within 90 days of such determination, submit a report to the RWQCB demonstrating that the increase resulted from error in sampling, analysis, or evaluation;

(3) Amended ROWD Submittal Deadline — within 90 days of such determination, submit to the RWQCB an amended report of waste discharge to make any appropriate changes to the unsaturated zone monitoring program for the LTU; and

(4) Continue Monitoring — continue to monitor in accordance with the unsaturated zone monitoring program established pursuant to this section.

Note:

Authority cited:
Section 1058, Water Code. 

Reference: 
Sections 13172, 13263, 13267 and 13304, Water Code; Section 43103, Public Resources Code.

Last updated: July 01, 2010