(a) Applicability.

1. (1) The requirements of this subpart apply to Class 1 landfills, Class 3 landfills, and other facilities that may be required by the Director of the Division of Environmental Quality to monitor ground water quality according to the provisions of this subpart.
2. (2) Owners or operators of Class 1 landfills shall comply with the ground water monitoring requirements of this section in accordance with the schedule specified in subsection (b) of this section or an alternative schedule as specified in subsection (c) of this section.
3. (3) Owners or operators of Class 3 landfills must comply with the ground water monitoring requirements of this section as the permit is reissued or modified as described in 8 CAR § 60-309, but not later than May 7, 1998.
4. (4) Owners or operators of Class 4 landfills and Class 3 landfills that dispose of only Class 4 type waste will be exempt from the requirements of this subpart unless otherwise required under 8 CAR § 60-621(e).

(b) Class 1 compliance schedule. Owners and operators of Class 1 landfills must comply with the ground water monitoring requirements of this section according to the following schedule unless an alternative schedule is specified under subsection (c) of this section:

1. (1) Existing landfills and lateral expansions less than one (1) mile from a drinking water intake (surface or subsurface) must be in compliance with the ground water monitoring requirements specified in 8 CAR §§ 60-1202 – 60-1208 by October 9, 1995;
2. (2) Existing landfills and lateral expansions greater than one (1) mile from a drinking water intake (surface or subsurface) must be in compliance with the ground water monitoring requirements specified in 8 CAR §§ 60-1202 – 60-1208 by October 9, 1996; and
3. (3) New landfills must be in compliance with the ground water monitoring requirements specified in 8 CAR §§ 60-1202 – 60-1208 before waste can be placed in the unit.

(c) Class 1 alternative compliance schedule.

1. (1)

   1. (A) The director may specify an alternative schedule for the owners or operators of existing Class 1 landfills and lateral expansions to comply with the ground water monitoring requirements specified in 8 CAR §§ 60-1202 – 60-1208.
   2. (B) This schedule must ensure that fifty percent (50%) of all existing landfills are in compliance by October 9, 1994, and all existing landfills are in compliance by October 9, 1996.
2. (2) In setting the compliance schedule, the director must consider potential risks posed by the unit to human health and the environment.

3. (3) The following factors should be considered in determining potential risk:

   1. (A) Proximity of human and environmental receptors;
   2. (B) Design of the landfill;
   3. (C) Age of the landfill;
   4. (D) The size of the landfill;
   5. (E) Types and quantities of wastes disposed including sewage sludge; and
   6. (F) Resource value of the underlying aquifer, including:

(i) Current and future uses;

1. (ii) Proximity and withdrawal rate of users; and

   1. (iii) Ground water quality and quantity.

      1. (d) Monitoring for life of facility. Once established at a landfill, ground water monitoring shall be conducted throughout the active life and post-closure care period of that landfill as specified in Subpart 13 of this part.

(e) Waiver or suspension.

1. (1) Ground water monitoring requirements under 8 CAR §§ 60-1202 – 60-1207 may be suspended by the director for a landfill if the owner or operator can demonstrate that there is no potential for migration of hazardous constituents from that landfill to the uppermost aquifer during the active life of the unit and the post-closure care period.

2. (2) This demonstration must be certified by a qualified ground water scientist and approved by the director, and must be based upon:

   1. (A) Site-specific field collected measurements, sampling, and analysis of physical, chemical, and biological processes affecting contaminant fate and transport; and
   2. (B) Contaminant fate and transport predictions that maximize contaminant migration and consider impacts on human health and the environment.

(f) Qualified ground water scientist.

1. (1) For the purposes of this section, a qualified ground water scientist is a scientist, geologist, or engineer who has received a baccalaureate or postgraduate degree in the natural sciences, and is registered in the State of Arkansas.

2. (2) A qualified ground water scientist must have sufficient training and experience in geology, geohydrology, or ground water hydrology that enable that individual to make sound professional judgments regarding:

   1. (A) Ground water monitoring;
   2. (B) Contaminant fate and transport; and
   3. (C) Corrective action.

(g) Alternative compliance schedules. The director may establish alternative schedules for demonstrating compliance with:

1. (1) 8 CAR § 60-1202(e), pertaining to notification of placement of certification in operating record;
2. (2) 8 CAR § 60-1204(c)(1), pertaining to notification that statistically significant increase (SSI) notice is in operating record;
3. (3) 8 CAR § 60-1204(c)(2) and (3), pertaining to an assessment monitoring program;
4. (4) 8 CAR § 60-1205(b), pertaining to sampling and analyzing Appendix 2 constituents;
5. (5) 8 CAR § 60-1205(d)(1), pertaining to placement of notice (Appendix 2 constituents detected) in record and notification of notice in record;
6. (6) 8 CAR § 60-1205(d)(2), pertaining to sampling for Appendix 1 and Appendix 2 to this part;
7. (7) 8 CAR § 60-1205(g), pertaining to notification (and placement of notice in record) of SSI aboveground water protection standard;
8. (8) 8 CAR §§ 60-1205(g)(2)(A)(iv) and 60-1206(a), pertaining to assessment of corrective measures;
9. (9) 8 CAR § 60-1207(a), pertaining to selection of remedy and notification of placement in record;
10. (10) 8 CAR § 60-1208(c)(4), pertaining to notification of placement in record; and
11. (11) 8 CAR § 60-1208(f), pertaining to notification of placement in record (certification of remedy completed).