§ 290.304. Assessment plan.
(a) A person shall prepare and submit to the Department an assessment plan within 60 days after one of the following occurs:
(1) Data obtained from water quality monitoring by the Department or the person indicates statistically significant degradation. Statistical evaluation of water quality monitoring data shall be made using one or more of the methods in 40 CFR 258.53(g) and (h) (relating to ground-water sampling and analysis requirements).
(2) Laboratory analysis of one or more public or private water supplies indicates groundwater or surface water contamination is occurring that could reasonably be attributed to the coal ash placement.
(b) An assessment under this section must consist of chemical data and a supporting narrative, if one of the following applies:
(1) Within 10 working days after receipt of sample results indicating groundwater or surface water degradation, the person resamples the affected monitoring points and analysis from resampling shows, to the Department’s satisfaction, that groundwater or surface water degradation has not occurred.
(2) Within 20 working days after receipt of sample results indicating groundwater or surface water degradation, the person demonstrates that the degradation was caused by seasonal variations or activities unrelated to coal ash placement.
(c) The assessment plan must specify the manner in which the person will determine the existence, quality, quantity, areal extent and depth of groundwater or surface water degradation and the rate and direction of migration of contaminants. An assessment plan shall be prepared and sealed by a professional geologist licensed to practice in this Commonwealth. The plan must contain the following information:
(1) For wells, lysimeters, borings, pits, piezometers, springs, seeps, mine discharges and other assessment structures or devices, the number, location, size, casing type and depth, as appropriate. If the assessment points are wells, they shall be constructed in accordance with § § 290.302 and 290.303 (relating to number, location and depth of monitoring points; and standards for wells and casing of wells).
(2) The sampling and analytical methods for the parameters to be evaluated.
(3) The evaluation procedures, including the use of previously gathered groundwater or surface water quality and quantity information, to determine the concentration, rate and extent of groundwater or surface water degradation from the facility.
(4) A biological assessment of surface water, if required by the Department.
(5) An implementation schedule.
(6) Identification of the abatement standard that will be met.
(d) The assessment plan shall be implemented upon approval by the Department in accordance with the approved implementation schedule, and shall be completed in a reasonable time not to exceed 6 months, unless otherwise approved by the Department. If the Department determines that the proposed plan is inadequate, it may modify the plan and approve the plan as modified. If the groundwater or surface water assessment indicates that contamination is leaving the coal ash placement site, the person shall notify, in writing, each owner of a private or public water supply that is located within 1/2-mile downgradient of the coal ash placement area that an assessment has been initiated.
(e) Within 45 days after the completion of the assessment plan, the person shall submit a report containing the new data collected, analysis of the data and recommendations on the necessity for abatement.
(f) If the Department determines after review of the assessment report that implementation of an abatement plan is not required under § 290.305 (relating to abatement plan), the person shall submit a revised water quality monitoring plan to the Department for approval that contains any necessary changes to the plan and an application for permit modification, if applicable. The person shall implement the modifications within 30 days of the Department’s approval.
(g) This section does not prevent the Department from requiring or the person from conducting abatement or water supply replacement concurrently with or prior to implementation of the assessment.
Cross References This section cited in 25 Pa. Code § 290.301 (relating to water quality monitoring); and 25 Pa. Code § 290.305 (relating to abatement plan).
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