Section 703.185  Groundwater Protection Information

The following additional information regarding protection of groundwater is required from an owner or operator of a hazardous waste facility containing a regulated unit, except as provided in 35 Ill. Adm. Code 724.190(b):

a)         A summary of the groundwater monitoring data obtained during the interim status period under 35 Ill. Adm. Code 725.190 through 725.194, where applicable;

b)         Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including groundwater flow direction and rate, and the basis for such identification (i.e., the information obtained from hydrogeologic investigations of the facility area);

c)         On the topographic map required under Section 703.183(s), a delineation of the waste management area, the property boundary, the proposed "point of compliance" as defined under 35 Ill. Adm. Code 724.195, the proposed location of groundwater monitoring wells as required under 35 Ill. Adm. Code 724.197 and, to the extent possible, the information required in subsection (b) of this Section;

d)         A description of any plume of contamination that has entered the groundwater from a regulated unit at the time that the application is submitted that does the following:

1)         It delineates the extent of the plume on the topographic map required under Section 703.183(s);

2)         It identifies the concentration of each Appendix I to 35 Ill. Adm. Code 724 constituent throughout the plume or identifies the maximum concentrations of each Appendix I to 35 Ill. Adm. Code 724 constituent in the plume;

e)         Detailed plans and an engineering report describing the proposed groundwater monitoring program to be implemented to meet the requirements of 35 Ill. Adm. Code 724.197;

f)         If the presence of hazardous constituents has not been detected in the groundwater at the time of permit application, the owner or operator must submit sufficient information, supporting data and analyses to establish a detection monitoring program that meets the requirements of 35 Ill. Adm. Code 724.198.  This submission must address the following items as specified under that Section:

1)         A proposed list of indicator parameters, waste constituents or reaction products that can provide a reliable indication of the presence of hazardous constituents in the groundwater;

2)         A proposed groundwater monitoring system;

3)         Background values for each proposed monitoring parameter or constituent, or procedures to calculate such values; and

4)         A description of proposed sampling, analysis, and statistical comparison procedures to be utilized in evaluating groundwater monitoring data;

g)         If the presence of hazardous constituents has been detected in the groundwater at the point of compliance at the time of permit application, the owner or operator must submit sufficient information, supporting data and analyses to establish a compliance monitoring program that meets the requirements of 35 Ill. Adm. Code 724.199.  Except as provided in 35 Ill. Adm. Code 724.198(h)(5), the owner or operator must also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of 35 Ill. Adm. Code 724.200, unless the owner or operator obtains written authorization in advance from the Agency to submit a proposed permit schedule for submittal of such a plan.  To demonstrate compliance with 35 Ill. Adm. Code 724.199, the owner or operator must address the following items:

1)         A description of the wastes previously handled at the facility;

2)         A characterization of the contaminated groundwater, including concentrations of hazardous constituents;

3)         A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with 35 Ill. Adm. Code 724.197 and 724.199;

4)         Proposed concentration limits for each hazardous constituent, based on the criteria set forth in 35 Ill. Adm. Code 724.194(a), including a justification for establishing any alternate concentration limits;

5)         Detailed plans and an engineering report describing the proposed groundwater monitoring system, in accordance with the requirements of 35 Ill. Adm. Code 724.197; and

6)         A description of proposed sampling, analysis, and statistical comparison procedures to be utilized in evaluating groundwater monitoring data;

h)         If hazardous constituents have been measured in the groundwater that exceed the concentration limits established under 35 Ill. Adm. Code 724.194, Table 1, or if groundwater monitoring conducted at the time of permit application under 35 Ill. Adm. Code 725.190 through 725.194 at the waste boundary indicates the presence of hazardous constituents from the facility in groundwater over background concentrations, the owner or operator must submit sufficient information, supporting data, and analyses to establish a corrective action program that meets the requirements of 35 Ill. Adm. Code 724.200.  However, an owner or operator is not required to submit information to establish a corrective action program if it demonstrates to the Agency that alternate concentration limits will protect human health and the environment after considering the criteria listed in 35 Ill. Adm. Code 724.194(b).  An owner or operator who is not required to establish a corrective action program for this reason must instead submit sufficient information to establish a compliance monitoring program that meets the requirements of subsection (f) and 35 Ill. Adm. Code 724.199. 

1)         To demonstrate compliance with 35 Ill. Adm. Code 724.200, the owner or operator must address, at a minimum, the following items:

A)        A characterization of the contaminated groundwater, including concentrations of hazardous constituents;

B)        The concentration limit for each hazardous constituent found in the groundwater, as set forth in 35 Ill. Adm. Code 724.194;

C)        Detailed plans and an engineering report describing the corrective action to be taken; and

D)        A description of how the groundwater monitoring program will assess the adequacy of the corrective action.

2)         The permit may contain a schedule for submittal of the information required in subsections (h)(1)(C) and (h)(1)(D) of this Section, provided the owner or operator obtains written authorization from the Agency prior to submittal of the complete permit application.

BOARD NOTE:  Derived from 40 CFR 270.14(c) (2005).

(Source:  Amended at 30 Ill. Reg. 2845, effective February 23, 2006)