[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.99]

[Page 244-246]
 
                   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. 264.99  Compliance monitoring program.

    An owner or operator required to establish a compliance monitoring 
program under this subpart must, at a minimum, discharge the following 
responsibilities:
    (a) The owner or operator must monitor the ground water to determine 
whether regulated units are in compliance with the ground-water 
protection standard under Sec. 264.92. The Regional Administrator will 
specify the ground-water protection standard in the facility permit, 
including:
    (1) A list of the hazardous constituents identified under Sec. 
264.93;
    (2) Concentration limits under Sec. 264.94 for each of those 
hazardous constituents;
    (3) The compliance point under Sec. 264.95; and
    (4) The compliance period under Sec. 264.96.
    (b) The owner or operator must install a ground-water monitoring 
system at the compliance point as specified under Sec. 264.95. The 
ground-water monitoring system must comply with Sec. 264.97(a)(2), (b), 
and (c).
    (c) The Regional Administrator will specify the sampling procedures 
and

[[Page 245]]

statistical methods appropriate for the constituents and the facility, 
consistent with Sec. 264.97 (g) and (h).
    (1) The owner or operator must conduct a sampling program for each 
chemical parameter or hazardous constituent in accordance with Sec. 
264.97(g).
    (2) The owner or operator must record ground-water analytical data 
as measured and in form necessary for the determination of statistical 
significance under Sec. 264.97(h) for the compliance period of the 
facility.
    (d) The owner or operator must determine whether there is 
statistically significant evidence of increased contamination for any 
chemical parameter or hazardous constituent specified in the permit, 
pursuant to paragraph (a) of this section, at a frequency specified 
under paragraph (f) under this section.
    (1) In determining whether statistically significant evidence of 
increased contamination exists, the owner or operator must use the 
method(s) specified in the permit under Sec. 264.97(h). The methods(s) 
must compare data collected at the compliance point(s) to a 
concentration limit developed in accordance with Sec. 264.94.
    (2) The owner or operator must determine whether there is 
statistically significant evidence of increased contamination at each 
monitoring well at the compliance point within a reasonable time period 
after completion of sampling. The Regional Administrator will specify 
that time period in the facility permit, after considering the 
complexity of the statistical test and the availability of laboratory 
facilities to perform the analysis of ground-water samples.
    (e) The owner or operator must determine the ground-water flow rate 
and direction in the uppermost aquifer at least annually.
    (f) The Regional Administrator will specify the frequencies for 
collecting samples and conducting statistical tests to determine 
statistically significant evidence of increased contamination in 
accordance with Sec. 264.97(g). A sequence of at least four samples 
from each well (background and compliance wells) must be collected at 
least semi-annually during the compliance period of the facility.
    (g) The owner or operator must analyze samples from all monitoring 
wells at the compliance point for all constituents contained in appendix 
IX of part 264 at least annually to determine whether additional 
hazardous constituents are present in the uppermost aquifer and, if so, 
at what concentration, pursuant to procedures in Sec. 264.98(f). If the 
owner or operator finds appendix IX constituents in the ground water 
that are not already identified in the permit as monitoring 
constituents, the owner or operator may resample within one month and 
repeat the appendix IX analysis. If the second analysis confirms the 
presence of new constituents, the owner or operator must report the 
concentration of these additional constituents to the Regional 
Administrator within seven days after the completion of the second 
analysis and add them to the monitoring list. If the owner or operator 
chooses not to resample, then he or she must report the concentrations 
of these additional constituents to the Regional Administrator within 
seven days after completion of the intiial analysis and add them to the 
monitoring list.
    (h) If the owner or operator determines pursuant to paragraph (d) of 
this section that any concentration limits under Sec. 264.94 are being 
exceeded at any monitoring well at the point of compliance he or she 
must:
    (1) Notify the Regional Administrator of this finding in writing 
within seven days. The notification must indicate what concentration 
limits have been exceeded.
    (2) Submit to the Regional Administrator an application for a permit 
modification to establish a corrective action program meeting the 
requirements of Sec. 264.100 within 180 days, or within 90 days if an 
engineering feasibility study has been previously submitted to the 
Regional Administrator under Sec. 264.98(h)(5). The application must at 
a minimum include the following information:
    (i) A detailed description of corrective actions that will achieve 
compliance with the ground-water protection standard specified in the 
permit under paragraph (a) of this section; and
    (ii) A plan for a ground-water monitoring program that will 
demonstrate

[[Page 246]]

the effectiveness of the corrective action. Such a ground-water 
monitoring program may be based on a compliance monitoring program 
developed to meet the requirements of this section.
    (i) If the owner or operator determines, pursuant to paragraph (d) 
of this section, that the ground-water concentration limits under this 
section are being exceeded at any monitoring well at the point of 
compliance, he or she may demonstrate that a source other than a 
regulated unit caused the contamination or that the detection is an 
artifact caused by an error in sampling, analysis, or statistical 
evaluation or natural variation in the ground water. In making a 
demonstration under this paragraph, the owner or operator must:
    (1) Notify the Regional Administrator in writing within seven days 
that he intends to make a demonstration under this paragraph;
    (2) Within 90 days, submit a report to the Regional Administrator 
which demonstrates that a source other than a regulated unit caused the 
standard to be exceeded or that the apparent noncompliance with the 
standards resulted from error in sampling, analysis, or evaluation;
    (3) Within 90 days, submit to the Regional Administrator an 
application for a permit modification to make any appropriate changes to 
the compliance monitoring program at the facility; and
    (4) Continue to monitor in accord with the compliance monitoring 
program established under this section.
    (j) If the owner or operator determines that the compliance 
monitoring program no longer satisfies the requirements of this section, 
he must, within 90 days, submit an application for a permit modification 
to make any appropriate changes to the program.

[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52 
FR 25946, July 9, 1987; 53 FR 39730, Oct. 11, 1988]