27 CA ADC § 20420
27 CCR s 20420
Cal. Admin. Code tit. 27, s 20420
CALIFORNIA CODE OF REGULATIONS
TITLE 27. ENVIRONMENTAL PROTECTION
DIVISION 2. SOLID WASTE
SUBDIVISION 1. CONSOLIDATED REGULATIONS FOR TREATMENT, STORAGE, PROCESSING
OR DISPOSAL OF 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
This database is current through 04/21/06, Register 2006, No. 16.
s 20420. SWRCB - Detection Monitoring Program. (C15: s2550.8)
(a) General -A discharger required, pursuant to s20385, 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 s20415.
(c) Background -The discharger shall establish a background value pursuant
to s20415(e)(10) for each Monitoring Parameter specified pursuant to ¶(e)
and for each Constituent of Concern under s20395.
(d) Water Standard -The RWQCB shall specify the Water Standard under
s20390 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 s20415, 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 s20395;
(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 s20415(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 s20164) evidence of a release for any COC using the data
analysis procedure specified pursuant to s20415(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 s20164) 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 s20164) evidence
of a release from the Unit exists, the discharger shall use the method(s)
chosen pursuant to s20415(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 s20400(i).
(2) Determination -The discharger shall determine whether there is
"measurably significant" (see s20164) 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 s20164) 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 s20164) evidence of a release from the Unit.
(j) If Release Indicated -If the discharger determines pursuant to ¶(i)
that there is "measurably significant" (see s20164) 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
s20164) evidence of a release from the Unit;
(2) Retest Optional -can immediately initiate the verification procedure
pre-approved by the RWQCB [pursuant to s20415(e)(8)(E)] to verify that
there is "measurably significant" (see s20164) 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 s20164) 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 s20164) evidence of a release, submit to the RWQCB an
amended report of waste discharge to establish an evaluation monitoring
program meeting the provisions of s20425. 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
s20425;
(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
s20425; 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 s20430. 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
s20164) 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 s20164) 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 s20164) 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 s20164) 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
s20385(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; and Section 43103, Public Resources
Code.
HISTORY
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
27 CA ADC s 20420
END OF DOCUMENT
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