§ 289.266. Groundwater assessment plan.
(a) Requirement. A person or municipality operating a residual waste disposal impoundment shall prepare and submit to the Department a groundwater assessment plan within 60 days after one of the following occurs:
(1) Data obtained from monitoring by the Department or the operator indicates groundwater degradation at any monitoring point.
(2) Laboratory analysis of one or more public or private water supplies indicates groundwater degradation that could reasonably be attributed to the facility.
(b) Exception. The operator is not required to conduct an assessment under this section if one of the following applies:
(1) Within 10 working days after receipt of sample results indicating groundwater degradation, the operator resamples the affected wells and analysis from resampling shows to the Department’s satisfaction that groundwater degradation has not occurred.
(2) Within 20 working days after receipt of sample results indicating groundwater degradation, the operator demonstrates that the degradation was caused entirely by earthmoving and other activities related to facility construction, or by seasonal variations.
(c) Assessment plan. The groundwater assessment plan shall specify the manner in which the operator will determine the existence, quality, quantity, areal extent and depth of groundwater degradation and the rate and direction of migration of contaminants in the groundwater. A groundwater assessment plan shall be prepared by an expert in the field of hydrogeology. The plan shall contain, at a minimum, the following information:
(1) The number, location, size, casing type and depth of wells, lysimeters, borings, pits, piezometers and other assessment structures or devices to be used. If the operator establishes compliance points as part of the assessment, the points shall be wells constructed in accordance with § § 289.262 and 289.263 (relating to number, location and depth of monitoring points; and standards for wells and casing of wells).
(2) Sampling and analytical methods for the parameters to be evaluated.
(3) Evaluation procedures, including the use of previously gathered groundwater quality information, to determine the concentration, rate and extent of groundwater degradation from the facility.
(4) An implementation schedule.
(5) Identification of the abatement standard that will be met.
(d) The groundwater 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. The operator shall notify, in writing, each owner of a private or public water supply that is located within 1/2 mile downgradient of the disposal area that an assessment has been initiated.
(e) Within 45 days after the completion of the groundwater assessment plan, the operator 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 groundwater assessment report that implementation of an abatement plan is not required by § 289.267 (relating to abatement plan), the operator shall submit a permit modification application under § 287.222 (relating to permit modification) for necessary changes to the groundwater monitoring plan. The operator shall implement the modifications within 30 days of the Department’s approval.
(g) This section does not prevent the Department from requiring, or the operator from conducting, groundwater abatement or water supply replacement concurrently with or prior to implementation of the assessment.
Source The provisions of this § 289.266 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226736) to (226737).
Cross References This section cited in 25 Pa. Code § 287.102 (relating to permit-by-rule); 25 Pa. Code § 287.342 (relating to final closure certification); 25 Pa. Code § 289.152 (relating to water quality monitoring plan); 25 Pa. Code § 289.261 (relating to general requirements); 25 Pa. Code § 289.267 (relating to abatement plan); and 25 Pa. Code § 299.144 (relating to operating requirements).
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