(a) The requirements in this section apply to Type IV landfills, as defined in §330.5(a)(2) of this title (relating to Classification of Municipal Solid Waste Facilities), except as provided in §330.5(b) of this title, and in subsection (b) of this section.
(b) At the discretion of the executive director, the owner or operator of a Type IV landfill may be required to install groundwater monitoring systems and to monitor on a regular basis the quality of groundwater at the point of compliance.
(1) The factors to be considered by the executive director in determining the need for groundwater monitoring shall include: relationship of the facility to drinking water intakes (both surface and subsurface); hydrogeology of the shallow water-bearing zones in the facility area; use of shallow groundwater in the facility area; type of waste being or to be taken; types of liner; likelihood of leakage of contaminants from the facility; and protection of human health and the environment.
(2) A groundwater monitoring system shall be installed in accordance with §330.403 of this title (relating to Groundwater Monitoring Systems) except for the point of compliance monitoring well spacing requirement of §330.403(a)(2) of this title.
(3) Groundwater sampling and analysis requirements shall be in accordance with §330.405(a) - (d) of this title (relating to Groundwater Sampling and Analysis Requirements).
(4) Each monitoring well or other sampling point shall be sampled and analyzed annually, or on some other schedule but not less frequently than annually as determined by the executive director, for the following constituents: chloride, iron, manganese, cadmium, zinc, total dissolved solids, specific conductance (field and laboratory measurements), pH (field and laboratory measurements), and non-purgeable organic compounds.
(5) Not later than 60 days after each sampling event, the owner or operator shall determine whether the landfill has released contaminants to the uppermost aquifer. The owner or operator shall provide an annual detection monitoring report within 60 days after the facility's annual groundwater monitoring event that includes the following information determined since the previously submitted report:
(6) The executive director may require additional sampling, analyses of additional constituents, installation of additional monitoring wells or other sampling points, and/or other hydrogeological investigations if the facility appears to be contaminating the uppermost aquifer.
(7) If the owner or operator finds the facility to have contaminated or be contaminating the uppermost aquifer, the executive director may order corrective action appropriate to protect human health and the environment up to and including that in §§330.411, 330.413, and 330.415 of this title (relating to Assessment of Corrective Measures; Selection of Remedy; and Implementation of the Corrective Action Program).
Source Note: The provisions of this §330.417 adopted to be effective March 27, 2006, 31 TexReg 2502