Section 323.2227. Discharger compliance responsibilities.

Rule 2227.(1) If, during the term of an authorization to discharge granted under this part, monitoring data indicate that a limit on the concentration of a substance in groundwater or effluent has been exceeded, then a discharger shall do all of the following:

(a)     Notify the department, by written instrument within 7 calendar days of making the determination, that a limit has been exceeded. The notification shall include all of the following information:

(i)     The name of any substance for which a limit was exceeded.

(ii)     The concentration at which the substance was found.

(iii)     The location or locations at which the limit was exceeded.

(b)     Within 14 days of making the determination that a limit has been exceeded, resample the monitoring location at which the limit was exceeded as specified in a permit issued under these rules.

(c)       Within 60 calendar days of making the determination that a limit has been exceeded, submit a report that includes all of the following information:

(i)     Results of the confirmation sampling.

(ii)      An evaluation of the cause for the limit being exceeded and   the impact of that event to groundwater.

(iii)     A  proposal  detailing steps taken or to be  taken to prevent recurrences.

(d)      Take actions as may be required by the department under subrule (2) of this

rule.

(2)     If the department determines that a limit on the  concentration   of  a substance in

effluent  or  groundwater   has  been  exceeded,  then   the     department   may require  the discharger to undertake 1 or more of the following activities:

(a)     Change the monitoring program, including increasing the frequency of effluent monitoring or groundwater sampling, or both.

(b)      Develop and implement a groundwater monitoring program if one is not in place. A groundwater monitoring program established under this provision shall comply with R 323.2223(2).

(c)    If the discharge is in a designated wellhead protection area, assess the affects of the discharge on the public water supply system.

(d)    Review the operational or  treatment  procedures,  or  both,  at  the facility.

(e)      Define the extent to which groundwater quality exceeds the applicable criteria established by the department under section 20120a(1)(a) of the act, if applicable, or under section 21304(a) of the act, if applicable.

(f)    )  Revise the operational procedures at the facility.

(g)     Change the design or construction of the wastewater operations at the facility.

(h)     Initiate an alternative method of waste treatment or disposal.

(i)      If the standard for the substance is established by R 323.2222(5), reduce or eliminate use of the substance.

(j)       Close the facility or end the discharge that resulted  in the applicable standard being exceeded.

(k)     Remediate contamination to comply with the terms of section 20120a and b of the act, if applicable, or section 21304(a) of the act, if applicable.

(3)      If the department determines there is a change in groundwater quality from a normal  operating   baseline   that   indicates   the   concentration   of    a substance in

groundwater may exceed an applicable limit, then the  discharger shall take the following actions if required by the department:

(a)     Change the monitoring program, including increasing the frequency of effluent sampling or groundwater sampling, or both.

(b)     Review the operational or  treatment  procedures,  or  both,  at  the facility.

History: 1980 AACS; 1998-2000 AACS