[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.91]

[Page 225]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
          Subpart F--Releases From Solid Waste Management Units
 
Sec. 264.91  Required programs.

    (a) Owners and operators subject to this subpart must conduct a 
monitoring and response program as follows:
    (1) Whenever hazardous constituents under Sec. 264.93 from a regulated 
unit are detected at a compliance point under Sec. 264.95, the owner or 
operator must institute a compliance monitoring program under Sec. 264.99. 
Detected is defined as statistically significant evidence of 
contamination as described in Sec. 264.98(f);
    (2) Whenever the ground-water protection standard under Sec. 264.92 is 
exceeded, the owner or operator must institute a corrective action 
program under Sec. 264.100. Exceeded is defined as statistically 
significant evidence of increased contamination as described in Sec. 
264.99(d);
    (3) Whenever hazardous constituents under Sec. 264.93 from a regulated 
unit exceed concentration limits under Sec. 264.94 in ground water between 
the compliance point under Sec. 264.95 and the downgradient facility 
property boundary, the owner or operator must institute a corrective 
action program under Sec. 264.100; or
    (4) In all other cases, the owner or operator must institute a 
detection monitoring program under Sec. 264.98.
    (b) The Regional Administrator will specify in the facility permit 
the specific elements of the monitoring and response program. The 
Regional Administrator may include one or more of the programs 
identified in paragraph (a) of this section in the facility permit 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. In deciding whether to require the owner or operator to be 
prepared to institute a particular program, the Regional Administrator 
will consider the potential adverse effects on human health and the 
environment that might occur before final administrative action on a 
permit modification application to incorporate such a program could be 
taken.

[47 FR 32350, July 26, 1982, as amended at 53 FR 39728, Oct. 11, 1988]