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CHAPTER 1200-01-07

Rule 1200-01-07-.04, continued)

  • (I)

    For constituents for which a maximum contaminant level (MCL) is listed in Appendix III of this rule, the MCL for that constituent; or

  • (II)

    For constituents for which MCLs have not been promulgated, the background concentration for the constituent established from wells installed in accordance with Rule 1200-01-07-.04(7)(a)3; or


For constituents for which the background level is higher than the MCL identified under subpart (i) of this part or health based levels identified under Rule 1200-01-07-.04 (7) (a) 1 (ii), the background concentration.

  • (ii)

    The Commissioner may establish an alternative ground water protection standard for constituents for which MCLs have not been established. These ground water protection standards shall be appropriate health based levels that satisfy the following criteria;

    • (I)

      The level is derived in a manner consistent with Environmental Protection Agency guidelines for assessing the health risks of environmental pollutants (51 CFR 33992, 34006, 34014, 34028, Sept. 24, 1986);


The level is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act Good Laboratory Practice Standards (40 CFR part 792, August 17, 1989) or equivalent;


For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level (due to continuous lifetime exposure) within the 1.0 x 10-4 to 1.0 x 10-6 range; and


For systemic toxicants, the level represents a concentration to which

the human population (including sensitive exposed to on a daily basis that is likely to risk of deleterious effects during a lifetime. subpart, systemic toxicants include toxic effects other than cancer or mutation.

subgroups) could be be without appreciable For purposes of this chemicals that cause

  • (iii)

    In establishing ground water protection standards under subpart (ii) of this section, the Commissioner may consider the following:

    • (I)

      Multiple contaminants in the ground water;

    • (II)

      Exposure threats to sensitive environmental receptors; and

    • (III)

      Other site-specific exposure or potential exposure to ground water.

  • 2.

    Compliance Monitoring Boundary - The compliance monitoring boundary shall


May, 2010 (Revised)


The waste management boundary of the facility; or


If the facility contains more than one solid waste landfill unit, the imaginary boundary circumscribing the waste management boundaries of the solid waste landfill units; or


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