Section 329IAC10-29-8. Increase not attributable to landfill

   If the owner or operator of a restricted waste site Type I or Type II or nonmunicipal solid waste landfill determines, under section 6(d), 7(e), or 7(f) of this rule, that there is a statistically significant increase of the specified constituents at any monitoring device at the solid waste boundary, the owner or operator may demonstrate that a source other than the solid waste facility caused the increase or that the increase resulted from error in sampling, analysis, or evaluation. The owner or operator may make a demonstration under this section in lieu of submitting the information under section 6(d)(2), 7(e)(2), or 7(f) of this rule, only if the demonstration made under this section successfully shows that a source other than the solid waste facility caused the increase or that the increase resulted from error in sampling, analysis, or evaluation. In making a demonstration under this section, the owner or operator shall do the following:

(1) Notify the commissioner in writing, within seven (7) days of determining a statistically significant increase at the monitoring boundary, that the owner or operator intends to make a demonstration under this section.

(2) Within ninety (90) days, submit a report to the commissioner demonstrating that a source other than the solid waste facility caused the increase or that the increase resulted from error in sampling, analysis, or evaluation.

(3) Continue to monitor in accordance with the Phase I monitoring program established under section 6 of this rule or the Phase II monitoring program established under section 7 of this rule as appropriate.

(Solid Waste Management Division; 329 IAC 10-29-8; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1903; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA)