RESCINDE 9/29/2015 AW :Zlineeme/LA aw, North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sutlins Dee Freeman Governor Director Secretary June 17, 2011 MEMORANDUM To: Aquifer Protection Section Staff Interested Parties From: Ted L. Bush, Chief Aquifer Protection ti Subject: Policy for Compliance Evaluation of Long-Term Permitted Facilities with No Prior Groundwater Monitoring Requirements . Adherence to state regulations is fundamental to the protection of the waters of the state and is mandated in permits issued by the Division of Water Quality (DWQ). Evaluating permit conformity can be challenging, and oftentimes regulatory staff will add permit conditions to a permit to help determine if a facility is in compliance with state requirements. When groundwater monitoring requirements are added to a permitted facility that has operated for some period of time, it may be necessary to place wells at or near the compliance boundary (de?ned by 15A NCAC 2L .0107), rather than the review boundary (de?ned by 15A NCAC 2L .0108). This is determined by considering, at minimum, the following factors: 1) Type of Permitted Activity. Some permitted activities are more conducive to potential contamination than others. For instance, an unlined lagoon has a higher probability of contaminating the subsurface than a lined lagoon due to in?ltration of the permitted waste into the underlying soil. 2) Subsurface Geology. Groundwater ?ow in the subsurface is controlled by the local geology. Some geological formations due to their structure and composition, such as unconsolidated sand or fractured bedrock, allow for greater groundwater ?ow rates. These formations have open pathways that can allow contaminants to easily migrate throughout the subsurface. 3) Duration of Permitted Activity. The longer a permitted activity takes place, the more opportunity there is for potential contamination to migrate away from the source. Ifthe subsurface geology allows for greater groundwater ?ow, the amount of time it takes for potential contaminants to move away from the source is decreased. For the purpose of this document, a ?Long-Term Permitted Facility? is a facility that has operated long enough that resulting contamination ?om the permitted source has a high probability of having reached or passed the compliance boundary. 4) Location of the Review and Compliance Boundaries. The distance of the review and compliance boundaries from the source is determined by rule. However, in some instances these boundaries can be closer to the source based on the location of the property boundaries. PROTECTION SECTION 1636 Matt Service Center, Raleigh, North Carolina 276994636 One Location: 2728 Capitat Boulevard. Raleigh. North Carolina 27604 Phone: 919333-3221 FAX 1: 919-715?0588; FAX 2; 919-715-6048 1 Customer Service: 1-877-623-6748 OHS-(car 0111M lntemet: 1/9! An Equai Opportunity \Af?rmative Action Employer a ?rd Compliance Evaluation of Long-Term Permitted Facilities with No Prior Groundwater Monitoring Requirements June 17. 2011 Page 2 Once the factors above have been considered and wells have been installed and sampled, the attached ?owchart will be used to determine facility compliance. The ?owchart outlines the steps to be taken to assess whether or not groundwater standards have been exceeded at the compliance boundary, and only apply to long-term permitted facilities as de?ned above. The ?owchart is designed to apply to any DWQ permitted facility where groundwater monitoring requirements have recently been added to the permit. If the permitted facility is determined to be in non-compliance after following the steps outlined on the attached ?owchart, adherence to the corrective action requirements speci?ed in 15A NCAC 2L .0106 will be required. However, as long as the permittee is cooperative with the Division in taking all necessary steps to bring the facility into compliance, a notice of violation may not be necessary. The overall determination of whether or not a notice of violation is necessary will largely be based on the overall compliance history of the facility and the potential for impacts to human health and the environment. cc: Surface Water Protection (Matt Matthews) compliance :valuation of Long-Term Permitted Facilities with No Prior Groundwater Monitoring Requirements (Refer to Policy Dated 6/17/11) Groundwater concentration greater than 15A NCAC 02L 02? or predictive modeling to groundwater quality at compliance boundary NO YES Notice of N0 Reported to the YES on Division? Continue scheduled groundwater monitoringlmodeling NO Results greater than naturally occurring concentration"? Facility is non-compliant. Permittee coordinates with Division Regional Office and?implements corrective action in accordance with 15A NCAC 02L .0106. Permittee complying with corrective action requirements in accordance with 15A NCAC 02L .0106? Notice of N0 Pe'nnittee successfully completes corrective action requirements in accordance with 15A NCAC 02L .0106? Division issues Notice of No Further Action 92 Naturally occurring, site-speci?c concentration to be evaluated by permit holder and approved by DWQ. YES Verify results2 Results greater than naturally occurring concentration or 15A NCAC 02L .0202? Evaluate well location3 Were results determined using predictive modeling? Well evaluation con?rms impact to groundwater from onslte activities? ?e re-sampiing, further well development, consideration of other analytical methods, comparison to split-sample results, review of model parameters (If determined using predictive modeling), etc. a review of an array of hydrogeologic, site?speci?c features. related well location and construction Speci?cations. Groundwater dimntinn nlhar ennrnaa an.