49-244

49-244. Point of compliance

The director shall designate a point or points of compliance for each facility
receiving a permit under this article. The point of compliance is the point at which
compliance with aquifer water quality standards shall be determined. The point of
compliance shall be a vertical plane downgradient of the facility that extends through
the uppermost aquifers underlying that facility. For an aquifer which has no existing or
reasonably foreseeable drinking water beneficial use, the director may establish
monitoring for compliance in another aquifer in lieu of monitoring in the uppermost
aquifer. The point of compliance shall be determined as follows:

1. Except as provided in paragraph 2, for a pollutant that is a hazardous substance
the point of compliance is the limit of the pollutant management area. The pollutant
management area is the limit projected in the horizontal plane of the area on which
pollutants are or will be placed. The pollutant management area includes horizontal space
taken up by any liner, dike or other barrier designed to contain pollutants in the
facility. If the facility contains more than one discharging activity, the pollutant
management area is described by an imaginary line circumscribing the several discharging
activities.

2. A point of compliance for hazardous substances other than that identified in
paragraph 1 may be approved by the director if the facility owner or operator can
demonstrate either:

(a) That it is technically impracticable or inappropriate considering the likely
fate or transport of a pollutant in an aquifer to monitor at the boundary specified in
paragraph 1.

(b) The alternative point of compliance will allow installation and operation of
the monitoring facilities that are substantially less costly. Such a request by a
facility owner or operator under this paragraph must be supported by an analysis of the
volume and characteristics of the pollutants that may be discharged and the ability of
the vadose zone to attenuate the particular pollutants that may be discharged, including
such factors as climate, hydrology, geology and soil chemistry. In no event shall an
alternative point of compliance be further from the boundary specified in paragraph 1
than is necessary for purposes of this paragraph, subdivisions (a) and (b), and in no
event shall it be so located as to result in an increased threat to an existing or
reasonably foreseeable drinking water source. In addition an alternate compliance point
for a hazardous substance pursuant to this subdivision shall never be further
downgradient than any of the following:

(i) The property boundary.

(ii) Any point of an existing or reasonably foreseeable future drinking water
source.

(iii) Seven hundred fifty feet from the edge of the pollutant management area.

3. For pollutants that are not hazardous substances the director, in identifying a
point of compliance, shall take into account the volume and characteristics of the
pollutants, the practical difficulties associated with implementation of applicable water
pollution control requirements, whether the facility is a new facility or an existing
facility, water conservation and augmentation and the site-specific characteristics of
the facility, including, but not limited to, climate, hydrology, geology, soil chemistry
and pollutant levels in the aquifer. The point of compliance must be so located as to
ensure protection of all current and reasonably foreseeable future uses of the aquifer.