[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: 40CFR265.94]

[Page 471-472]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
                   Subpart F--Ground-Water Monitoring
 
Sec. 265.94  Recordkeeping and reporting.

    (a) Unless the ground water is monitored to satisfy the requirements 
of Sec. 265.93(d)(4), the owner or operator must:
    (1) Keep records of the analyses required in Sec. 265.92(c) and (d), 
the associated ground-water surface elevations required in Sec. 265.92(e), 
and the evaluations required in Sec. 265.93(b) throughout the active life 
of the facility, and, for disposal facilities, throughout the post-
closure care period as well; and
    (2) Report the following ground-water monitoring information to the 
Regional Administrator:
    (i) During the first year when initial background concentrations are 
being established for the facility: concentrations or values of the 
parameters listed in Sec. 265.92(b)(1) for each ground-water monitoring 
well within 15 days after completing each quarterly analysis. The owner 
or operator must separately identify for each monitoring well any

[[Page 472]]

parameters whose concentration or value has been found to exceed the 
maximum contaminant levels listed in appendix III.
    (ii) Annually: Concentrations or values of the parameters listed in 
Sec. 265.92(b)(3) for each ground-water monitoring well, along with the 
required evaluations for these parameters under Sec. 265.93(b). The owner 
or operator must separately identify any significant differences from 
initial background found in the upgradient wells, in accordance with Sec. 
265.93(c)(1). During the active life of the facility, this information 
must be submitted no later than March 1 following each calendar year.
    (iii) No later than March 1 following each calendar year: Results of 
the evaluations of ground-water surface elevations under Sec. 265.93(f), 
and a description of the response to that evaluation, where applicable.
    (b) If the ground water is monitored to satisfy the requirements of 
Sec. 265.93(d)(4), the owner or operator must:
    (1) Keep records of the analyses and evaluations specified in the 
plan, which satisfies the requirements of Sec. 265.93(d)(3), throughout the 
active life of the facility, and, for disposal facilities, throughout 
the post-closure care period as well; and
    (2) Annually, until final closure of the facility, submit to the 
Regional Administrator a report containing the results of his or her 
ground-water quality assessment program which includes, but is not 
limited to, the calculated (or measured) rate of migration of hazardous 
waste or hazardous waste constituents in the ground water during the 
reporting period. This information must be submitted no later than March 
1 following each calendar year.

[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 
FR 4514, Jan. 31, 1985]