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CHAPTER 1200-01-07

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


If the owner or operator determines that there is a statistically significant increase [reference Rule 1200-01-07-.04(7)(a)4(v)] over background for one or more of the constituents listed in Appendix I to this rule or in the alternative list approved in accordance with Rule 1200-01-07- .04(7)(a)5(i)(II), at any monitoring well at the compliance monitoring

boundary, the owner or operator:









, send a notice to the

Commissioner indicating which constituents have shown statistically significant changes from background levels, and


Must establish an assessment monitoring program meeting the requirements of part 6 of this paragraph within 90 days except as provided for in item (III) of this subpart.


The owner/operator may demonstrate that a source other than a SWLF unit caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A report documenting this demonstration must be certified by a qualified ground water scientist and approved by the Commissioner.

If a successful demonstration is made, documented and approved, the owner or operator may continue detection monitoring as specified in subpart (ii) of this part. If, however, a demonstration is not made and approved within 90 days from sampling analysis showing a statistically significant increase over background in one or more constituents, then the owner or operator must initiate an assessment monitoring program as required in part 6.

  • 6.

    Assessment Monitoring Program

    • (i)

      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 to this rule or in the alternative list approved in accordance with Rule 1200-01-07-.04(7)(a)5(i)(I) or (II).


Within 90 days of triggering an assessment monitoring program, the owner or operator must sample and analyze the ground water for all constituents identified in Appendix II to this rule and annually thereafter. 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 II analysis, a minimum of four independent samples from each well (upgradient and downgradient) must be collected and analyzed to establish background for the constituents. The Commissioner may specify an appropriate subset of wells to be sampled and analyzed for Appendix II constituents during assessment monitoring. The Commissioner may delete any of the Appendix II monitoring parameters for a SWLF unit if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit.


After obtaining the results from the initial or subsequent sampling events required by subpart (ii) of this part, the owner or operator must:

May, 2010 (Revised)


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