1. (a) The requirements in this section apply to existing and future Type IV sites, as defined in §330.41(e) of this title (relating to Types of Municipal Solid Waste Facilities), except as provided in §330.3(e) of this title (relating to Applicability) and in subsection (b) of this section.

2. (b) At the discretion of the executive director, the owner or operator of a Type IV site 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. (1) The factors to be considered by the executive director in determining the need for groundwater monitoring shall include: relationship of the site to drinking-water intakes (both surface and subsurface); hydrogeology of the shallow water-bearing zones in the site area; use of shallow groundwater in the site area; type of waste being or to be taken; types of liner; likelihood of leakage of contaminants from the site; and protection of human health and the environment.
   2. (2) A groundwater monitoring system shall be installed in accordance with §330.231 of this title (relating to Groundwater Monitoring Systems).
   3. (3) Groundwater sampling and analysis requirements shall be in accordance with §330.233(a)-(e) of this title (relating to Groundwater Sampling and Analysis Requirements).
   4. (4) Each monitoring well or other sampling point shall be sampled annually, or on some other schedule, but not less frequently than annually as determined by the executive director, for the following constituents: chloride, iron (dissolved), manganese (dissolved), cadmium (dissolved), zinc (dissolved), total dissolved solids, specific conductance (field and laboratory measurements), pH (field and laboratory measurements), non-purgeable organic compounds (analysis of three replicate samples).
   5. (5) Not later than 45 days after each sampling event, the owner or operator shall submit to the executive director for review and approval a report containing the results of the analyses.
   6. (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 shallow water-bearing zone(s).
   7. (7) If the facility is found to have contaminated or be contaminating the shallow water-bearing zone(s), the executive director may order corrective action appropriate to protect human health and the environment up to and including that in §§330.236-330.238 of this title (relating to Groundwater Monitoring and Corrective Action).

Source Note:The provisions of this §330.239 adopted to be effective October 9, 1993, 18 TexReg 4023.