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(continued)
(iii) Within sixty days of detection, implement a remediation plan for the methane gas releases, place a copy of the plan in the operating record, and notify the jurisdictional health department that the plan has been implemented. The plan shall describe the nature and extent of the problem and the remedy.
(iv) The jurisdictional health department may establish alternative schedules for demonstrating compliance with (c)(ii) and (iii) of this subsection.
(d) For purposes of this subsection, "lower explosive limit" means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at twenty-five degrees C and atmospheric pressure.
(5) Air criteria.
(a) Owners or operators of all MSWLF units must ensure that the units not violate any applicable requirements developed under the Washington state implementation plan approved or promulgated by the Federal Environmental Protection Agency pursuant to Section 110 of the Federal Clean Air Act, as amended.
(b) Open burning of solid waste is prohibited at all MSWLF units, except: For the infrequent burning of agricultural wastes, silvicultural wastes, landclearing debris, diseased trees or debris from emergency cleanup operations, provided that such open burning is not inconsistent with policies, regulations, and permits administered by the jurisdictional air pollution control agency or the department under the Washington Clean Air Act, chapter 70.94 RCW. Household waste shall not be open burned.
(6) Access requirements. Owners or operators of all MSWLF units must control public access and prevent unauthorized vehicular traffic, illegal dumping of wastes, and controls to keep animals out by using artificial barriers, natural barriers, or both, as appropriate to protect human health and the environment. A lockable gate shall be required at each entry to the facility.
(7) Run-on/run-off control systems.
(a) Owners or operators of all MSWLF units must design, construct, and maintain:
(i) A run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a twenty-five year storm;
(ii) A run-off control system from the active portion of the landfill to collect and control at least the water volume resulting from a twenty-four hour, twenty-five year storm.
(b) Run-off from the active portion of the landfill unit must be handled in accordance with WAC 173-351-200(8).
(8) Surface water requirements. MSWLF units shall not:
(a) Cause a discharge of pollutants into waters of the state, including wetlands, that violates any requirements of chapter 90.48 RCW, Water pollution control, including, but not limited to, chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington, chapter 173-220 RCW, the National pollutant discharge elimination system permit program and chapter 173-216 WAC, State waste discharge permit program.
(b) Cause the discharge of a nonpoint source of pollution to waters of the state, including wetlands, that violates any requirement of an area-wide or statewide water quality management plan that has been approved under Section 208 or 319 of the Federal Clean Water Act, as amended.
(9) Liquids restrictions.
(a) Bulk or noncontainerized liquid waste may not be placed in MSWLF units unless:
(i) The waste is household waste other than septic waste; or
(ii) The waste is leachate or gas condensate derived from the MSWLF unit, or water added in a controlled fashion and necessary for enhancing decomposition of solid waste, as approved during the permitting process of WAC 173-351-700, whether it is a new or existing MSWLF, or lateral expansion and the MSWLF unit:
(A) Is designed with a leachate collection system and composite liner as described in WAC 173-351-300 (2)(a)(i) and (ii) or (iii); and
(B) Is accepting leachate, condensate or water resulting from an emergency in disposing of such liquids.
The owner or operator must place the demonstration in the application for a permit under WAC 173-351-700 and be issued a solid waste permit by the jurisdictional health department.
Note: Condensate and leachate are subject to designation to determine whether either is a dangerous waste under chapter 173-303 WAC.
(b) Containers holding liquid waste may not be placed in a MSWLF unit unless:
(i) The container is a small container similar in size to that normally found in household waste;
(ii) The container is designed to hold liquids for use other than storage; or
(iii) The waste is household waste.
(c) For purposes of this subsection:
(i) "Liquid waste" means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," SW-846.
(ii) "Gas condensate" means the liquid generated as a result of gas recovery processes at the MSWLF unit.
(10) Recordkeeping requirements.
(a) The owner or operator of a MSWLF unit must record and retain the required information as it becomes available. The operating record must be retained at or near the facility in an operating record or in an alternative location approved by the jurisdictional health department during the permitting process of WAC 173-351-700. The required information includes:
(i) Copies of all initial, renewal, reissued and modified permit applications including all demonstrations, and issued permits;
(ii) Inspection records, training procedures, and notification procedures required in subsection (1) of this section, Procedures for excluding the receipt of hazardous waste, and inspection documents associated with the plan of operation, WAC 173-351-210 (1)(b).
(iii) Gas monitoring results from monitoring and any remediation plans required by WAC 173-351-200(4);
(iv) Any demonstration, certification, declaration of construction, finding, monitoring, testing, or analytical data as required by WAC 173-351-400 (Ground water monitoring systems and corrective action);
(v) Major deviations from the plan of operation required in WAC 173-351-210; and
(vi) Daily records of weights or volumes of solid waste and, if available, types of waste received at the facility.
(b) The owner or operator must notify the jurisdictional health department when the documents from (a) of this subsection have been placed in or added to the operating record, unless:
(i) Such documents have been made a part of a permit application under this regulation;
(ii) Notification occurs under the renewal application requirements of WAC 173-351-730 (3)(b)(iv); or
(iii) The documents are daily records of weights or volumes specified in WAC 173-351-200 (10)(a)(vi).
(c) The jurisdictional health department can set alternative schedules during the permitting process of WAC 173-351-700 for recordkeeping and notification requirements as specified in (a) and (b) of this subsection, except for the notification requirements in WAC 173-351-130 (2)(b), the Federal Aviation Administration and in WAC 173-351-440 (6)(c), notification of land owners under assessment monitoring.
(d) All information contained in the operating record must be furnished upon request to the jurisdictional health department or be made available at all reasonable times for inspection by the jurisdictional health department and the department.
(11) Annual reports. Each owner or operator shall prepare and submit a copy of an annual report to the jurisdictional health department and the department by April 1 of each year. The annual report shall:
(a) Include information on facility activities during the previous year;
(b) Be on forms supplied by the department; and
(c) Include the following information:
(i) Facility location;
(ii) Facility contact;
(iii) Operational and/or post-closure information;
(iv) Permit status;
(v) Compliance information;
(vi) Facility capacity information;
(vii) Information on ground water monitoring as required in WAC 173-351-415(1) except, prior to the effective date of the ground water monitoring requirements of WAC 173-351-400, ground water monitoring information and existing summaries collected under ground water monitoring systems installed according to chapter 173-304 WAC.
(viii) Information on violation of ambient standards for surface water and explosive gases whose monitoring is required by chapter 173-351 WAC or performed as part of the permit issued under WAC 173-351-700; and
(ix) Other information as required.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-200, filed 10/26/93, effective 11/26/93.]
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173-351-210
Plan of operation.
Each owner or operator shall develop, keep, and abide by a plan of operation approved as part of the permitting process in WAC 173-351-700. The plan of operation shall describe the facilities' operation and shall convey to site operating personnel the concept of operation intended by the designer. The plan of operation shall be available for inspection at the request of the jurisdictional health officer. The facility must be operated in accordance with the plan of operation or the plan must be so modified with the approval of the jurisdictional health department.
Each plan of operation shall include:
(1) How solid wastes are to be handled on-site during its active life including transportation, routine filling, grading, cover, and housekeeping;
(2) How inspections are conducted and their frequency;
(3) Actions to take if there is a fire or explosion;
(4) Actions to take for sudden releases (e.g., failure of run-off containment system);
(5) How equipment such as leachate collection and gas collection equipment are to be operated and maintained;
(6) A safety plan or procedure; and
(7) Other such details as required by the jurisdictional health department.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-210, filed 10/26/93, effective 11/26/93.]
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173-351-220
Additional operating criteria.
All owners or operators of MSWLF units shall operate the facility so as to:
(1) Control road dust;
Note: Operators should carefully select dust suppressants approved by the jurisdictional health departments that do not pose a threat to surface or ground water quality.
(2) Collect scattered litter as necessary to prevent vector harborage, a fire hazard, an aesthetic nuisance, or adversely affect wildlife or its habitat;
(3) Prohibit scavenging;
(4) Landfill personnel. All landfills shall:
(a) Ensure that at least two landfill personnel are on-site with one person at the active portion when the site is open to the public for landfills with a permitted capacity of greater than fifty thousand cubic yards per year; and
(b) Comply with the certification requirements of chapter 173-300 WAC, Certification of operators of solid waste incinerator and landfill facilities.
Note: The definition of operators in chapter 173-300 WAC is not the same as the definition of operator in this rule.
(5) Ensure that reserve operational equipment shall be available to maintain and meet these standards;
(6) Clearly mark the active area boundaries authorized in the permit, with permanent posts or using equivalent method clearly visible for inspection purposes;
(7) Thoroughly compact the solid waste before succeeding layers are added except for the first lift over a liner;
(8) Maintain the monitoring system required in WAC 173-351-400, Ground water monitoring systems and corrective action, WAC 173-351-200(4), explosive gas monitoring of this regulation and any other monitoring specified in the permit issued in WAC 173-351-700.
(9) Require recycling.
(a) All owners and operators shall provide the opportunity for the general public to conveniently recycle cans, bottles, paper, and other material brought to the landfill site and for which a market exists or as required according to the most recently adopted county comprehensive solid waste management plan:
(i) During the normal hours of operation; and
(ii) In facilities convenient to the public (i.e., near entrance to the gate).
(b) Owners or operators shall conduct recycling activities in an orderly, sanitary manner and in a way that does not interfere with MSWLF operations.
(c) Owners or operators may demonstrate during the permit process of WAC 173-351-700 alternative means to providing an opportunity to the general public to recycle household solid waste including other conveniently located facilities which offer recycling opportunities.
(10) Prohibiting disposal of municipal sewage sludge or biosolids in MSWLF units.
(a) The disposal of municipal sewage sludge or biosolids or any material containing municipal sewage sludge or biosolids in a MSWLF unit is prohibited unless the municipal sewage sludge or biosolids or material containing municipal sewage sludge or biosolids is not a liquid as defined in this rule, and such disposal is specifically approved as part of a valid NPDES permit, or a valid permit issued in accordance with chapter 70.95J RCW and rules promulgated under that authority.
(b) Notwithstanding WAC 173-351-220 (10)(a), the jurisdictional health department may allow disposal of municipal sewage sludge or biosolids, or any material containing municipal sewage sludge or biosolids in a landfill on a temporary basis if the jurisdictional health department determines that a potentially unhealthful circumstance exists and other management options are unavailable or would pose a threat to human health or the environment.
(c) In accordance with (b) of this subsection upon determination that a potentially unhealthful circumstance exists, the jurisdictional health department shall notify the department in writing, of its findings and basis for its determination. In its notification, the jurisdictional health department shall state the date on which disposal is approved to commence, any conditions and the date after which continued disposal shall be prohibited.
(d) For the purposes of this regulation, the use of sewage sludge or biosolids or any material containing sewage sludge or biosolids, which is subject to regulation under 40 CFR Part 503 and or chapter 70.95J RCW, as daily cover or as an amendment to daily cover shall be considered disposal.
(11) Disposal of dangerous waste prohibited. Owners or operators of landfills shall not knowingly dispose, treat, store, or otherwise handle dangerous waste unless the requirements of the Dangerous waste regulation, chapter 173-303 WAC are met.
(12) Jurisdictional health department inspection of activities. In accordance with RCW 70.95.190, employees of the jurisdictional health department or their agents may enter upon, inspect, sample, and move freely about the premises of any MSWLF, after presentation of credentials.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-220, filed 10/26/93, effective 11/26/93.]
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173-351-300
Design criteria.
(1) Applicability. Existing MSWLF units are not subject to this section. Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management, including operating plans approved under chapter 173-304 WAC.
(2) New MSWLF units and lateral expansions shall be constructed:
(a) For nonarid landfills, in accordance with a standard design as follows:
(i) A composite liner as defined in (a)(ii) of this subsection and a leachate collection system that is designed and constructed to maintain less than a 1 foot (30 cm) depth of leachate over the liner.
Note: Leachate head in leachate pump sump areas, only, shall not be allowed to exceed two feet (60 cm).
(ii) For purpose of this section, "composite liner" means a system consisting of two components; the upper component must consist of a minimum of 60 mil thickness high density polyethylene (HDPE) geomembrane. The lower component must consist of at least a two-foot (60 cm) layer of compacted soil with a hydraulic conductivity of no more than 1X10-7 cm/sec. The geomembrane must be installed in direct and uniform contact with the compacted soil component. Thinner geomembranes of other than high density polyethylene may be used provided that a demonstration can be made that the alternative has equivalent mechanical strength, permeability, chemical resistance and other factors under conditions of construction and use. Minimum thickness of geomembranes other than high density polyethylene shall be 30 mils.
(iii) Equivalent liner designs and liner materials may be used provided a demonstration during the permitting process of WAC 173-351-700 can be made that the liner is equivalent to the composite liner design:
(A) With respect to hydraulic effectiveness as shown by the use of the hydraulic evaluation of landfill performance (HELP) model or other approved models or methods;
(B) With respect to mechanical strength;
(C) With respect to chemical resistance;
(D) With respect to potential physical damage during construction and operation;
(E) With respect to attenuative capacity; and
(F) And other factors identified by the jurisdictional health department and the department on a case-by-case basis.
(b) For arid landfills, in accordance with a design that ensures that the maximum contaminant levels listed in Table 1 of this section will not be exceeded in the hydrostratigraphic unit(s) identified in the hydrogeologic characterization/report at the relevant point of compliance as specified during the permitting process in WAC 173-351-700. When approving a design that complies with the arid landfill design of (b) of this subsection, the jurisdictional health department shall consider at least the following factors:
(i) The hydrogeologic characteristics of the facility and surrounding land;
(ii) The climatic factors of the area; and
(iii) The volume, physical and chemical characteristics of the leachate.
Note: When determining the need for a liner in arid settings and its ability to meet the performance standard of this section, considering (b)(i), (ii), and (iii) of this subsection, the owner or operator may use:
(A) Existing information such as vadose zone, ground water monitoring, or leachate characterization that has previously been conducted at the facility;
(B) Contaminant transport modeling in accordance with the requirements of WAC 173-351-480; and/or
(C) Other information determined as appropriate and relevant by the jurisdictional health department.
(c) The relevant point of compliance approved during the permitting process in WAC 173-351-700, shall be no more than one hundred fifty meters (four hundred ninety-two feet) from the waste management unit boundary and shall be located on land owned by the owner of the MSWLF unit. In approving the relevant point of compliance the jurisdictional health department shall consider at least the following factors:
(i) The hydrogeologic characteristics of the facility and surrounding land;
(ii) The volume, and physical/chemical characteristics of the leachate;
(iii) The quantity and quality, and direction, of flow of ground water;
(iv) The proximity and withdrawal rate of the ground water users;
(v) The availability of alternative drinking water supplies;
(vi) The existing quality of the ground water, including other sources of contamination and their cumulative impacts on the ground water, and whether the ground water is currently used or reasonably expected to be used for drinking water;
(vii) Public health, safety, and welfare effects; and
(viii) Practical capability of the owner or operator.
TABLE 1
CHEMICAL Maximum
Contaminant
Levels
(MCL (mg/l))
ARSENIC 0.00005
BARIUM 1.0
BENZENE 0.001
CADMIUM 0.01
CARBON TETRACHLORIDE 0.0003
CHROMIUM (HEXAVALENT) 0.05
2,4-DICHLOROPHENOXY ACETIC ACID 0.1
1,4-DICHLOROBENZENE 0.004
1,2-DICHLOROETHANE 0.0005
1,1 DICHLOROETHYLENE 0.007
ENDRIN 0.0002
FLUORIDE 4
LINDANE 0.00006
LEAD 0.05
MERCURY 0.002
METHOXYCHLOR 0.1
NITRATE 10
SELENIUM 0.01
SILVER 0.05
TOXAPHENE 0.00008
1,1,1-TRICHLOROETHANE 0.20
TRICHLOROETHYLENE 0.003
2,4,5-TRICHLOROPHENOXY ACETIC ACID 0.01
VINYL CHLORIDE 0.00002
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-300, filed 10/26/93, effective 11/26/93.]
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173-351-400
Ground water monitoring systems and corrective action.
(1) Applicability.
(a) The requirements of WAC 173-351-400 through WAC 173-351-490 apply to MSWLF units whose owners and operators are required to perform ground water monitoring under chapter 173-351 WAC.
(b) Owners and operators of MSWLF units must comply with the ground water monitoring requirements of this regulation according to the following schedule:
(i) Existing MSWLF units and lateral expansions less than one mile (1.6 kilometers) from a drinking water intake (surface or subsurface) must be in compliance with the ground water monitoring requirements specified in WAC 173-351-400 through 173-351-450, and 173-351-490 by October 9, 1994;
Note: A drinking water intake is any surface water or ground water intake that is used for the purposes of drinking water i.e., water supply wells.
(ii) Existing MSWLF units and lateral expansions greater than one mile (1.6 kilometers) from a drinking water intake (surface or subsurface) must be in compliance with the ground water monitoring requirements specified in WAC 173-351-400 through 173-351-450, and 173-351-490 by October 9, 1995;
(iii) New MSWLF and lateral expansions units must be in compliance with the ground water monitoring requirements specified in WAC 173-351-400 through 173-351-450, and 173-351-490 before waste can be placed in the MSWLF unit.
(c) Existing MSWLF units and lateral expansions with ground water contamination as defined under WAC 173-304-100 and chapter 173-200 WAC must begin an assessment ground water monitoring program under WAC 173-351-440 by October 9, 1994.
(d) Interim ground water monitoring programs. Prior to the compliance schedules in (b) of this subsection, all existing MSWLF units and lateral expansions must either:
(i) Continue to monitor under WAC 173-304-490; or
(ii) Begin to monitor under this section.
(e) All MSWLF units closed in accordance with chapter 173-304 WAC must continue to monitor ground water in accordance with chapter 173-304 WAC.
(2) Personnel qualifications. For the purposes of this regulation, a "qualified ground water scientist" must be a hydrogeologist, geologist, engineer, or other scientist who meets all of the following criteria:
(a) Has received a baccalaureate or post-graduate degree in the natural sciences or engineering; and
(b) Has sufficient training and experience in ground water hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university programs that enable that individual to make sound professional judgments regarding ground water monitoring, contaminant fate and transport, and corrective action.
(3) A qualified ground water scientist is required to prepare the following reports, demonstrations and information:
(a) The hydrogeologic report(s) of WAC 173-351-490;
(b) The ground water monitoring program(s) including the ground water monitoring system design and well placement of WAC 173-351-405; the ground water sampling and analysis plan of WAC 173-351-410; the detection monitoring program(s) of WAC 173-351-430; and the assessment monitoring program(s) of WAC 173-351-440;
(c) Any demonstration(s) under WAC 173-351-430 (4)(c) or 173-351-440 (6)(e), or 173-351-140(1);
(d) Any modification(s) proposals/requests to the approved ground water monitoring program in accordance with WAC 173-351-450; and
(e) Any ground water modeling demonstrations made under WAC 173-351-480.
Note: A hydrogeologist or other qualified ground water scientist is NOT required for the actual ground water sampling.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-400, filed 10/26/93, effective 11/26/93.]
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173-351-405
Performance standards for ground water monitoring system designs.
Ground water monitoring well placement.
The ground water monitoring system design shall meet the following performance criteria:
(1) A sufficient number of wells must be installed at appropriate locations and depths to yield representative ground water samples from those hydrostratigraphic units which have been identified as the earliest target hydraulic pathways and conduits of flow for ground water and contaminant movement, and storage.
(2) The number, spacing, and depths of monitoring wells must be based on the site characteristics including the area of the MSWLF unit and the hydrogeological characterization of WAC 173-351-490, and requires a demonstration based on all of the following information:
(a) A ground water flow path analysis which supports why the chosen hydrostratigraphic unit best serves the installation of a detection or assessment ground water monitoring well system capable of providing early warning detection of any ground water contamination.
(b) Documentation and calculations of all of the following information:
(i) Hydrostratigraphic unit thicknesses including confining units and transmissive units;
(ii) Vertical and horizontal ground water flow directions including seasonal, man-made, or other short term fluctuations in ground water flow;
(iii) Stratigraphy and lithology;
(iv) Hydraulic conductivity; and
(v) Porosity and effective porosity.
(3) Hydraulically placed upgradient wells (background wells) must meet the following performance criteria:
(a) Must be installed in ground water that has not been affected by leakage from a MSWLF unit; or
(b) If hydrogeologic conditions do not allow for the determination of a hydraulically placed upgradient well then sampling at other monitoring wells which provide representative background ground water quality may be allowed; and
(4) Hydraulically placed down-gradient wells (compliance wells) must meet the following performance criteria:
(a) Represent the quality of ground water passing the relevant point of compliance specified by the jurisdictional health department. The downgradient monitoring system must be installed at the relevant point of compliance specified by the jurisdictional health department during the permitting process of WAC 173-351-700. Additional wells may be required by the jurisdictional health department based upon areal extent of the MSWLF unit, complex hydrogeologic settings or to define the extent of contamination under WAC 173-351-440 and 173-351-450.
(b) When physical obstacles preclude installation of ground water monitoring wells at the relevant point of compliance at existing units, the downgradient monitoring system may be installed at the closest practicable distance hydraulically down gradient from the relevant point of compliance that ensures detection of ground water contamination in the chosen hydrostratigraphic unit.
(5) All monitoring wells must be cased in a manner that maintains the integrity of the bore hole. This casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of samples. The annular space between the bore hole and well casing above the sampling depth must be sealed to prevent contamination of samples and ground water. All wells must be constructed in accordance with chapter 173-160 WAC, Minimum standards for construction and maintenance of water wells and chapter 173-162 WAC, Regulation and licensing of well contractors and operators. All wells must be clearly labeled, capped, and locked.
(6) The owner or operator must apply for a permit modification under WAC 173-351-720(5) or must apply during the renewal process of WAC 173-351-720 (1)(i), for any proposed changes to the design, installation, development, and decommission of any monitoring wells, piezometers, and other measurement, sampling, and analytical devices. Upon completing changes, all documentation, including date of change, new well location maps, boring logs, and well diagrams must be submitted to the jurisdictional health department and must be placed in the operating record of WAC 173-351-200(10).
(7) All monitoring wells, piezometers, and other measurement, sampling, and analytical devices must be operated and maintained so that they perform to design specifications throughout the life of the monitoring program.
(8) The ground water monitoring system and hydrogeologic report including any changes to the ground water monitoring system shall be prepared by a hydrogeologist or other qualified ground water scientist and include a statement of personnel qualifications.
(9) The prepared ground water monitoring system design and hydrogeologic report must be made a part of the permit application in accordance with WAC 173-351-730 (1)(b)(iii).
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-405, filed 10/26/93, effective 11/26/93.]
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173-351-410
Ground water sampling and analysis requirements.
(1) The ground water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of ground water quality at the background and downgradient wells installed in compliance with WAC 173-351-400 and with this section. The owner or operator must submit the sampling and analysis program documentation as a part of the permit application in accordance with WAC 173-351-730 (1)(b)(iii). The program must include procedures and techniques for:
(a) Sample collection and handling;
(b) Sample preservation and shipment;
(c) Analytical procedures;
(d) Chain-of-custody control;
(e) Quality assurance and quality control;
(f) Decontamination of drilling and sampling equipment;
(g) Procedures to ensure employee health and safety during well installation and monitoring; and
(h) Well operation and maintenance procedures.
(2) The ground water monitoring program must include sampling and analytical methods that are appropriate for ground water sampling and that accurately measure hazardous constituents and other monitoring parameters in ground water samples or reflect an acceptable practical quantitation limit (PQL). Ground water samples shall not be field-filtered for organic constituents prior to laboratory analysis. All analyses must be sent to an accredited laboratory in accordance with chapter 173-50 WAC, Accreditation of environmental laboratories.
(3) Ground water elevations must be measured in each well immediately prior to purging, each time ground water is sampled. The owner or operator must determine the rate and direction of ground water flow each time ground water is sampled. Ground water elevations in wells which monitor the same MSWLF unit must be measured within a period of time short enough to avoid any ground water fluctuations which could preclude the accurate determination of ground water flow rate and direction. All ground water elevations must be determined:
(a) By a method that ensures measurement to the 0.01 (one/one hundredth) of a foot (3mm) relative to the top of the well casing; and
(b) The orthometric elevation of the top of the well casing is related to a vertical benchmark based on the national geodetic vertical datum of 1929 (NGVD 29) and be established to 3rd order classification standards per federal geodetic control committee, or its successor, as specified in WAC 332-130-060.
(4) The owner or operator must establish background ground water quality in hydraulically placed upgradient or background well(s) for each of the monitoring parameters or constituents required in the particular ground water monitoring program that applies to the MSWLF unit, as determined under this section. Background ground water quality may be established at wells that are not located hydraulically upgradient from the MSWLF unit if it meets the requirements of WAC 173-351-400 through 173-351-490.
(5) The number of samples collected to establish water quality data must be consistent with the appropriate statistical procedures determined pursuant to WAC 173-351-420. The sampling procedures shall be those specified under WAC 173-351-430 for detection monitoring, WAC 173-351-440 for assessment monitoring, and WAC 173-351-440(6) of corrective action.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-410, filed 10/26/93, effective 11/26/93.]
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173-351-415
Ground water reporting.
(1) The annual report shall be included with the facility annual report as required in WAC 173-351-200(11) and shall be on forms developed by the department which will request the following information:
(a) A brief summary of statistical results and/or any statistical trends including any findings of any statistical increases for the year;
(b) A brief summary of ground water flow rate and direction for the year, noting any trends or changes;
(c) A Xerox copy of all potentiometric surface maps developed for each quarter or approved semi-annual period; and
(d) A summary geochemical evaluation noting any changes or trends in the cation-anion balances, Trilinear diagrams and general water chemistry for each well.
(2) A quarterly ground water report shall be submitted to the jurisdictional health department and the department no later than sixty days after the receipt of the quarterly analytical data and shall include all of the following:
(a) All ground water monitoring data for the sampling period;
(b) All statistical calculations and summaries;
(c) Notification of any statistical increase and concentrations above MCL's;
(d) Static water level readings for each monitoring well for each sampling event;
(e) Potentiometric surface elevation maps depicting ground water flow rate and direction;
(f) Cation-anion balances and Trilinear diagrams; and
(g) Leachate analyses.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-415, filed 10/26/93, effective 11/26/93.]
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173-351-420
Statistical methods for ground water monitoring.
(1) The owner or operator must calculate and evaluate all of the following statistics using background ground water quality data:
(a) The background mean;
(b) The background variance;
(c) The standard deviation of the background data;
(d) The coefficient of variation of the background data;
(e) The standard error of the background data; and
(f) Other statistics testing for homogeneity of variance and the normality of the background data.
(2) The owner or operator must specify in the permit application in accordance with WAC 173-351-730 (1)(b)(iii) one of the following statistical methods to be used in evaluating ground water monitoring data for each hazardous constituent. The statistical test chosen shall be conducted separately for each hazardous constituent in each well. The statistical methods to be used are:
(a) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit;
(b) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent;
(c) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent;
(d) A control chart approach that gives control limits for each constituent; or
(e) Another statistical test method that meets the performance standards of this section. The owner or operator must place a justification for this alternative in the permit application in accordance with WAC 173-351-730 (1)(b)(iii). The justification must demonstrate that the alternative method meets the performance standards of this section.
(3) Any statistical method chosen under this section shall comply with the following performance standards, as appropriate:
(a) The statistical method used to evaluate ground water monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of the chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data must be evaluated to determine if nonnormal conditions are due to laboratory or sampling error, poor well construction, seasonal or spatial variability, or actual site conditions. Transformed or a distribution-free theory test may be used, upon a determination of why nonnormal conditions exist. If the distributions for the constituents differ, more than one statistical method may be needed.
(b) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a ground water protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparison procedure is used, the Type I experiment wise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts.
(c) If a control chart approach is used to evaluate ground water monitoring data, the specific type of control chart and its associated parameter values shall be protective of human health and the environment. The parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.
(d) If a tolerance interval or a predictional interval is used to evaluate ground water monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be protective of human health and the environment. These parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.
(e) The statistical method shall account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit (PQL) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.
(f) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.
(4) The owner or operator must determine whether or not there is a statistically significant increase over background values for each parameter or constituent required in the particular ground water monitoring program that applies to the MSWLF unit after each sampling event and as determined under this section.
(a) In determining whether a statistically significant increase has occurred, the owner or operator must compare the ground water quality of each parameter or constituent at each monitoring well designated pursuant to WAC 173-351-430 or 173-351-440 to the background value of that constituent, according to the statistical procedures and performance standards specified under this section.
(b) Within thirty days after receipt of the analytical data, the owner or operator must determine whether there has been a statistically significant increase over background at each monitoring well (at all hydraulically placed upgradient and downgradient wells).
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-420, filed 10/26/93, effective 11/26/93.]
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173-351-430
Detection monitoring program.
(1) Detection monitoring is required at MSWLF units at all ground water monitoring wells defined under WAC 173-351-405. At a minimum, a detection monitoring program must include the monitoring for the constituents listed in Appendix I and II of this regulation.
(2) Background data development.
(a) A minimum of eight independent samples shall be collected for each well (background and downgradient) and must be collected and analyzed for the Appendix I constituents for the first year of ground water monitoring.
(b) Each independent sampling event shall be no less than one month apart from the previous independent sampling event.
(c) Sampling for Appendix II parameters shall be done quarterly.
(d) MSWLF units which have previously developed background for those constituents listed in Appendix I will be waived from (a) of this subsection on a parameter by parameter basis providing all performance criteria of WAC 173-351-400 are met.
(3) Foreground data development. The monitoring frequency for all constituents listed in Appendix I and II shall be quarterly during the active life of the MSWLF unit including closure and the post-closure period and begins after the first year of background data development, for all monitoring wells (upgradient and downgradient).
Note: Foreground denotes the period of time following the development of the back ground data set, for all monitoring wells (upgradient and downgradient).
(4) If the owner or operator determines, pursuant to WAC 173-351-420, that there is a statistically significant increase over background for one or more of the constituents listed in Appendix I, at any monitoring well at the boundary specified under WAC 173-351-405, the owner or operator:
(a) Must, within fourteen days of this finding, place a notice in the operating record indicating which constituents have shown statistically significant changes from background levels, and send the same notice to the jurisdictional health department and the department;
(b) Must establish an assessment monitoring program meeting the requirements of WAC-173-351-440 within ninety days except as provided for in (c) of this subsection;
(c) May demonstrate that a source other than a MSWLF unit caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality. A report documenting this demonstration must be prepared by a hydrogeologist or other qualified ground water scientist and approved by the jurisdictional health department and be placed in the operating record. If a successful demonstration is made and documented, the owner or operator may continue detection monitoring as specified in this section. If, after ninety days, a successful demonstration is not made, the owner or operator must initiate an assessment monitoring program as required in WAC 173-351-440; and
(d) Must submit the assessment monitoring program to the jurisdictional health department at the end of ninety days as provided in (b) of this subsection.
(5) A geochemical evaluation of Appendix II parameters shall be conducted at each well on a quarterly basis and include all of the following methods:
(a) A cation-anion balance evaluating the difference between the cation and anion sums expressed in milliequivalents per liter; if a greater than a five to ten percent difference occurs then the owner or operator shall provide a summary explanation and examine whether the difference is due to a laboratory error, poor well conditions, or other ions not accounted for in natural or impacted ground water conditions; if the total cation-anion sums are less than 5.0 meq/liter then a ten percent difference threshold, may be used.
(b) A plot of cations and anions for each well on a trilinear diagram, as recommended in hydrogeologic texts and/or the department guidance documents.
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-430, filed 10/26/93, effective 11/26/93.]
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173-351-440
Assessment monitoring program.
(1) Assessment monitoring is required whenever a statistically significant increase over background has been detected for one or more of the constituents listed in the Appendix I or in the alternative list approved in accordance with WAC 173-351-450, Alternative ground water monitoring programs.
(2) Within ninety days of triggering into an assessment monitoring program, and quarterly thereafter, the owner or operator must sample and analyze the ground water for all constituents identified in Appendix III of this part. A minimum of one sample from each downgradient well must be collected and analyzed during each sampling event. For any constituent detected in the downgradient wells as a result of the complete Appendix III analysis, a minimum of four independent samples from each well (background and downgradient) must be collected within a time period of one hundred eighty days, and analyzed to establish background for the constituents. Each independent sample shall be collected no less than one month apart from the previous sampling event.
(3) After obtaining the results from the initial or subsequent sampling events required in subsection (2) of this section, the owner or operator must:
(a) Within fourteen days, notify the jurisdictional health department of the increase, identifying the Appendix III constituent(s) that have been detected and place this notice in the operating record;
(b) Within ninety days, and on a quarterly basis thereafter, resample all wells, conduct analyses for all constituents in Appendix I and II, and, for those constituents in Appendix III that are detected in response to subsection (2) of this section, record their concentrations in the facility operating record and notify the jurisdictional health department. At least one sample from each well (background and downgradient) must be collected and analyzed during these sampling events;
(c) Establish background concentrations for any constituents detected pursuant to subsection (2) of this section;
(d) Establish ground water protection standards for all constituents detected pursuant to subsection (2) or (3) of this section. The ground water protection standards shall be established in accordance with subsection (7) of this section; and
(e) Continue performing geochemical evaluations in accordance with WAC 173-351-430(5) on a quarterly basis.
(4) If the concentrations of all Appendix III constituents are shown to be at or below background values, using the statistical procedures in WAC 173-351-420, for two consecutive sampling events, and before returning to detection monitoring the owner or operator must:
(a) Notify the jurisdictional health department of this finding;
(b) Receive approval in writing from the jurisdictional health department; and
(c) Place the notice and the approval in (a) and (b) of this subsection in the operating record of WAC 173-351-200(10).
(5) If the concentrations of any Appendix III constituents are above background values, but all concentrations are below the ground water protection standard established under subsection (7) of this section, using the statistical procedures in WAC 173-351-420, the owner or operator must continue assessment monitoring in accordance with this section.
(6) If one or more Appendix III constituents are detected at statistically significant levels above the ground water protection standard established under subsection (7) of this section in any sampling event, the owner or operator must, within fourteen days of this finding, notify the jurisdictional health department, the department and all appropriate local government officials of the increase and place a notice in the operating record identifying the Appendix III constituents that have exceeded the ground water protection standard. The owner or operator also: (continued)