(1) Applicability.
    (a) This rule shall apply to all applications for construction, operation, or closure (including long-term care) of a solid waste disposal unit at a landfill. However, subsection (3) of this rule, shall not apply to any solid waste disposal unit in operation prior to January 6, 1993, that has a ground water monitoring system installed and maintained as required in its approved ground water monitoring plan.
    (b) This rule is intended to supplement the ground water monitoring requirements of chapter 62-520, F.A.C. Any provisions of chapter 62-520, F.A.C., that are not in direct conflict with the provisions of this rule remain applicable. This rule does not relieve a person from compliance with any permit condition or Department order, nor does it limit the Department’s authority to modify a permit or ground water monitoring plan in accordance with chapter 62-520, F.A.C.
    (c) The requirements of this rule are the minimum standards for monitoring water quality. Nothing in this rule shall be construed to prevent the Department from imposing more stringent standards as necessary to protect the environment and the public health and safety due to site specific conditions and types of wastes to be disposed of in landfills or solid waste disposal units.
    (2) Water quality monitoring plan and system.
    (a) The permit applicant shall provide to the Department a water quality monitoring plan for the landfill that describes the proposed ground water and surface water monitoring systems. The plan shall be based on the hydrogeological investigation required in Fl. Admin. Code R. 62-701.410, and be prepared by, or under the supervision of, a professional geologist or professional engineer with experience in hydrogeologic investigations. The plan shall be signed and sealed by the professional geologist or professional engineer.
    (b) The water quality monitoring system shall be installed and consist of: a sufficient number of ground water wells installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer, as well as other aquifers reasonably expected to be affected by the landfill; and surface water monitoring points installed at locations to yield samples of surface water that may be affected by the landfill. All sampling and analysis activities shall be performed in accordance with chapter 62-160, F.A.C.
    (c) The water quality monitoring plan shall comply with the provisions of subsection 62-520.600(3), F.A.C. The applicant shall specify sampling locations and frequency in the water quality monitoring plan, and shall provide justification for these locations and frequencies based upon site conditions.
    (3) Ground water monitoring.
    (a) Two or more detection wells shall be located within the zone of discharge hydraulically downgradient from the solid waste disposal unit, to detect leachate releases. These wells shall be located no more than 50 feet from the edge of the solid waste disposal unit, unless site specific conditions make such placement impractical. These wells shall be capable of monitoring each solid waste disposal unit as it is operated.
    (b) Multiple downgradient compliance wells shall be located at or immediately adjacent to the compliance line of the zone of discharge, if required in subsection (6) of this rule. If site-specific conditions require installation of compliance wells within the zone of discharge, then a confirmed exceedance of a ground water standard above background at such wells will be considered a violation of that standard.
    (c) A sufficient number of background wells installed as part of the site hydrogeological investigation required in Fl. Admin. Code R. 62-701.410, shall be maintained throughout the design life of the landfill to provide information on background water quality.
    (d) Monitoring wells.
    1. The location of each well, in degrees, minutes and seconds (to two decimal places) of latitude and longitude, and the elevation of the top of the well casing to the nearest 0.01 foot, using a consistent, nationally recognized datum, shall be determined by a Florida Licensed Professional Surveyor and Mapper. The location information required in subFl. Admin. Code R. 62-701.320(7)(f)7., shall be included. Upon completion of each well, Form 62-701.900(30), Monitoring Well Completion Report, effective date January 6, 2010, hereby adopted and incorporated by reference, shall be submitted to the Department to report details of the well construction and location. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
    2. An identification number shall be assigned by the Department to each monitoring well in accordance with the Department’s Water Assurance Compliance System computer file. The identification number shall be used on all water quality monitoring reports.
    3. Well spacing shall be spaced no greater than 500 feet apart across the downgradient direction of ground water flow, and no greater than 1,500 feet apart across the upgradient direction of ground water flow, in the uppermost aquifer within the zone of discharge, unless site specific conditions support the use of alternate well spacing. Conditions to be considered include ground water flow directions and rates, estimated longitudinal and transverse dispersivity rates, proximity to or presence of sensitive environments and ground water users, nature of the wastes, method of disposal, and the proposed design and size of the facility.
    4. Well screens shall be located to readily detect representative ground water conditions within the saturated thickness of the uppermost aquifer within the zone of discharge. Well screens shall not act as conduits through confining layers between water bearing strata. The annular space (the space between the borehole and well casing) above the sampling depth shall be sealed to prevent contamination of samples and ground water. Unless otherwise approved by the Department pursuant to subsection 62-701.510(2), F.A.C., wells monitoring the unconfined water table shall be screened so that the water table can be sampled at all times. The applicant shall provide technical justification for the actual screen length chosen.
    5. Monitoring wells shall be constructed so as to provide ground water samples that exhibit the physical and chemical properties of that portion of the aquifer screened by the well. Unless otherwise authorized in a Department permit, new monitoring wells, and existing monitoring wells at the time of permit renewal, shall have protective bollards or other devices installed around them if they are located in areas of high traffic flow to prevent damage from passing vehicles. Monitoring wells shall be locked to minimize the potential for unauthorized access.
    6. Any monitoring wells which are abandoned or which will be covered due to lateral expansions of a landfill or the construction of new solid waste disposal units shall be plugged as necessary so that they do not act as a conduit for any leachate release to the ground water. The Department shall be notified in writing before any monitoring wells are abandoned or plugged.
    7. Detection sensors capable of detecting changes in ground water that may indicate leachate releases, linked to a data recorder, may be used to augment detection wells or may be used as an alternative to detection wells, upon demonstration of their effectiveness to the Department.
    (4) Surface water monitoring.
    (a) All surface water bodies that may be affected by a contaminant release from the facility shall be monitored, except bodies of water contained completely within the property boundaries of the disposal site which do not discharge from the site to surface waters. In bodies of standing water, one or more representative monitoring points shall be located as close as practical to the facility. For flowing water bodies, a sufficient number of upgradient and downgradient locations shall be used to allow the effect of the landfill to be measured.
    (b) Discharges from detention ponds for storm water shall be sampled at the point of discharge to waters of the state or from the property, whichever is closer to the detention pond.
    (c) The details concerning the sampling locations and the analysis requirements shall be specified in the water quality monitoring plan. Each monitoring location shall be marked and its position shall be determined by a Florida Licensed Professional Surveyor and Mapper in degrees, minutes and seconds of latitude and longitude.
    (5) Initial and routine sampling frequency and requirements. Except as otherwise specified in a Department permit or order or in subsection (6) of this rule, frequency of sampling and analysis shall comply with the following. However, the owner or operator of a solid waste disposal unit may request a permit modification from the appropriate District Office of the Department to delete specific monitoring parameters or field parameters from routine analyses of detection or compliance wells and surface water. The Department will grant such modification upon a demonstration that these parameters are not reasonably expected to be in or derived from the waste contained in the unit, or are not reasonably expected to be detected in the ground water as a result of the operations of the facility.
    (a) Demonstration to delete parameters. A demonstration to delete monitoring parameters may include an evaluation of:
    1. The concentration or contrast between contaminants likely to leach from the waste in the disposal unit and in background water quality; and,
    2. The types, quantities and concentrations of constituents in the wastes, and their degradation products, managed at the facility,
    (b) Initial background water quality.
    1. Initial background water quality for a proposed landfill shall be determined by analysis of at least one water sample taken from each well that was installed, and each surface water monitoring location that was established, during the site hydrogeological investigation. Any new monitoring well that is installed after completion of the site hydrogeological investigation, unless the new monitoring well is installed to replace an existing well within the monitoring network, shall also be analyzed for initial background water quality. The water quality information shall be submitted to the Department as part of the supporting information for the permit application.
    2. Sampling and analysis for initial background ground water quality shall be for the parameters listed in paragraphs (7)(a) and (7)(c) of this rule.
    3. Sampling and analysis for initial background surface water quality shall be for the parameters listed in paragraph (7)(b) of this rule.
    (c) Routine monitoring well sampling. All detection wells, and a representative sample of background wells, shall be sampled and analyzed at least semi-annually for the ground water parameters listed in paragraph (7)(a) of this rule, in accordance with the water quality monitoring plan. The owner or operator of a solid waste disposal unit may request a permit condition or modification from the appropriate District Office of the Department to use an alternate monitoring frequency. The Department will approve such condition or modification upon a demonstration that the alternate frequency is appropriate based upon site specific lithology of the aquifer and unsaturated zone, hydraulic conductivity of the aquifer and unsaturated zone, ground water flow rates, minimum distance of travel and the fate and transport of parameters detected.
    (d) Routine surface water sampling. Surface waters shall be sampled and analyzed semi-annually for the parameters listed in paragraph (7)(b) of this rule, in accordance with the water quality monitoring plan.
    (6) Evaluation monitoring, prevention measures and corrective action.
    (a) Evaluation monitoring and prevention measures. If monitoring parameters are detected in detection wells in concentrations that are significantly above background water quality, or that are at levels above the Department’s water quality standards or criteria specified in chapter 62-520, F.A.C., the permittee may resample the wells within 30 days after the sampling data is received, to confirm the data. Should the permittee choose not to resample, the Department will consider the water quality analysis as representative of current ground water conditions at the facility. If the data is confirmed, or if the permittee chooses not to resample, the permittee shall notify the Department in writing within 14 days of this finding. The permittee, upon notification to the Department in writing within 14 days of the finding of the above sampling or resampling event, may also choose to demonstrate that a source other than the solid waste disposal unit is expected to be the cause of the observed detections in the water quality analysis. A report documenting this demonstration must be signed and sealed by a Florida registered professional geologist or professional engineer and submitted to the Department within 60 days of the demonstration notification. If a successful demonstration is made and approved by the Department, the owner or operator may continue detection monitoring as specified in this section. If the Department determines that a successful demonstration has not been made within 60 days after the permittee submits the demonstration report, or the permittee chooses not to pursue such demonstration, then upon notification by the Department, the permittee shall initiate evaluation monitoring as follows:
    1. Routine monitoring of all monitoring wells and surface water monitoring locations shall continue according to the requirements of subsection (5) of this rule.
    2. Except as provided in paragraph (b) of this subsection, within 90 days of notification from the Department to initiate evaluation monitoring and annually thereafter, the permittee shall sample and analyze a representative sample of the background wells and all affected detection wells for the parameters listed in paragraph (7)(c) of this rule. Any new parameters detected and confirmed in the affected downgradient wells shall be added to the routine ground water monitoring parameter lists required in subsection (5) of this rule, for the affected wells.
    3. Within 90 days of notification from the Department to initiate evaluation monitoring, the permittee shall install and sample compliance monitoring wells at the compliance line of the zone of discharge and downgradient from the affected detection monitoring wells. These wells shall be installed according to the requirements of paragraph (3)(d), of this rule, and, except as provided in paragraph (b) of this subsection, samples from these wells and the affected detection wells shall be analyzed quarterly for the parameters listed in paragraph (7)(a) of this rule, and any other parameters detected in the affected detection and downgradient wells sampled in subparagraph (6)(a)2., and annually for the parameters listed in paragraph (7)(c). If any contaminants are detected and confirmed in compliance wells in concentrations that exceed both background levels and Department water quality standards or criteria, then the provisions of paragraph (6)(c) of this rule apply; otherwise, the following subparagraphs apply.
    4. Within 180 days of notification from the Department to initiate evaluation monitoring, the permittee shall submit a contamination evaluation plan to the appropriate Department District Office. This plan shall be designed to delineate the extent and cause of the contamination, in order to predict the likelihood that Department water quality standards will be violated outside the zone of discharge, and to evaluate methods to prevent any such violations. After the Department and the permittee agree that the plan is so designed, the permittee shall implement this plan and submit a contamination evaluation report in accordance with the plan. All reasonable efforts shall be made by the permittee to prevent further degradation of water quality from the landfill activities.
    5. If the contamination evaluation report indicates that water quality standards or criteria are likely to be violated outside the zone of discharge, the permittee shall, within 90 days, submit a prevention measures plan to the Department. Upon approval, the permittee shall initiate prevention measures to prevent such violations.
    6. The owner or operator of a solid waste disposal unit may request authorization from the appropriate District Office of the Department to use an alternate monitoring frequency, for repeated sampling during evaluation monitoring. The Department will grant such authorization upon a demonstration that the alternate frequency is appropriate based upon site specific lithology of the aquifer and unsaturated zone, hydraulic conductivity of the aquifer and unsaturated zone, ground water flow rates, minimum distance of travel and the fate and transport of parameters detected.
    7. The owner or operator of a solid waste disposal unit may request authorization from the appropriate District Office of the Department to delete specific monitoring parameters or field parameters from evaluation analyses of detection or compliance wells. The Department will grant such authorization upon a demonstration that these parameters are not reasonably expected to be in or derived from the waste contained in the unit.
    8. The permittee shall not discontinue evaluation monitoring, and return to routine monitoring only, until authorized to do so by the Department. The Department shall make this determination based upon the results of the contamination evaluation report and other relevant water quality data.
    (b) If the parameters detected in the detection wells identified in paragraph (a) of this subsection, consist only of iron, aluminum, manganese, sulfates, or total dissolved solids (TDS), either individually or in any combination, then only the detected parameters are required to be monitored in the representative background wells, affected detection wells and downgradient compliance wells required in this section rather than the parameters listed in paragraphs (7)(a) and (7)(c). However, if the facility is unlined, the parameters specified in paragraph (7)(a), shall also be analyzed for in the initial sampling event for the affected detection wells and downgradient compliance wells.
    (c) Corrective actions.
    1. If any contaminants are detected and confirmed in compliance wells in concentrations that exceed both background levels and Department water quality standards or criteria, the permittee shall notify the Department within 14 days of this finding and shall either pursue a demonstration that the exceedance is not related to the solid waste disposal unit in accordance with the requirements of Fl. Admin. Code R. 62-701.510(6)(a), or shall initiate corrective actions. If the permittee is unable to demonstrate that the exceedance is not related to the solid waste disposal unit, the permittee must initiate corrective actions. Unless alternative corrective actions are specifically required in a permit or consent order in effect on April 17, 2005, corrective actions shall comply with the applicable provisions of Fl. Admin. Code Chapter 62-780 This provision is intended to clarify that applicable elements of chapter 62-780, F.A.C., set forth the appropriate corrective actions in such cases, not to create a new requirement for corrective actions or to incorporate chapter 62-780, F.A.C., into chapter 62-701, F.A.C. Evaluation monitoring shall continue according to the requirements of paragraph (6)(a) of this rule.
    2. For purposes of this rule, chapter 62-780, F.A.C., is intended to apply only to violations of ground and surface water quality standards and criteria outside of the facility’s permitted zone of discharge. Nothing herein is intended to limit a person’s liability for site rehabilitation resulting from unauthorized spills, leaks, or discharges of pollutants or hazardous substances.
    a. The provisions in chapter 62-780, F.A.C., regarding assessment and remediation of contamination in soils do not apply.
    b. The provisions in chapter 62-780, F.A.C., regarding source removal, de minimis discharges, emergency response actions, interim source removal, do not apply.
    c. To the extent that any requirements in chapter 62-780, F.A.C., regarding notice, quality assurance, professional certification, frequency of sampling events, emergency response, or long-term care may conflict with similar requirements in chapter 62-701, F.A.C., or in a facility’s permit conditions, the requirements in chapter 62-701, F.A.C., or the facility’s permit, shall govern.
    3. For purposes of this rule, the following definitions in chapter 62-780, F.A.C., shall have the following meanings:
    a. “”Cleanup target level”” means primary and secondary ground water standards, ground water minimum criteria, surface water standards, and surface water toxicity and human health criteria, which are specified in chapter 62-777, F.A.C.
    b. “”Contaminated site”” means any surface water or ground water outside of the facility’s zone of discharge that contains contaminants that may be harmful to human health or the environment.
    (7) Water quality parameters. The following list of water quality monitoring parameters shall be used for each type of sampling to be done.
    (a) Ground water monitoring parameters:
Field Parameters
Laboratory parameters
Static water level in wells before purging
Total ammonia – N
Specific conductivity
Chlorides
pH
Iron
Dissolved oxygen
Mercury
Turbidity
Nitrate
Temperature
Sodium
Colors and sheens
Total dissolved solids (TDS)
(by observation)
Those parameters listed in 40 C.F.R. Part

258 Appendix I
(b) Surface water monitoring parameters:

Field parameters
Laboratory parameters
Specific conductivity
Unionized ammonia
pH
Total hardness (as mg/L CaCO3)
Dissolved oxygen
Biochemical oxygen demand (BOD5)
Turbidity

Temperature
Iron
Colors, sheens (by observation)
Mercury

Nitrate

Total dissolved solids (TDS)

Total organic carbon (TOC)

Fecal coliform

Total phosphorus (as mg/L P)

Chlorophyll A

Total nitrogen

Chemical oxygen demand (COD)

Total suspended solids (TSS)

Those parameters listed in 40 C.F.R. part 258 Appendix I
    (c) Those parameters listed in 40 C.F.R. part 258, Appendix II, as well as the field parameters specified in paragraph (a) of this subsection.
    (8) Water quality monitoring reporting.
    (a) The landfill owner or operator shall report all representative water quality monitoring results to the Department within 60 days from completion of laboratory analyses, unless a different due date is specified in the permit. In accordance with subsections 62-160.240(3) and 62-160.340(4), F.A.C., water quality data shall be provided to the Department in an electronic format consistent with requirements for importing into Department databases, unless an alternate form of submittal is specified in the permit. The permittee shall include Form 62-701.900(31), Water Quality Monitoring Certification, effective date January 6, 2010, hereby adopted and incorporated by reference, with each report certifying that the laboratory results have been reviewed and approved by the permittee. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The operator of the landfill shall notify the Department at least 14 days before the sampling is scheduled to occur so that the Department may collect split samples. The report shall include at least the following:
    1. The facility name and identification number, sample collection dates, and analysis dates,
    2. All analytical results, including all peaks even if below maximum contaminant levels,
    3. Identification number and designation of all surface water and ground water monitoring points,
    4. Applicable water quality standards,
    5. Quality assurance, quality control notations,
    6. Method detection limits,
    7. STORET code numbers for all parameters,
    8. Water levels recorded prior to evaluating wells or sample collection. Elevation reference shall include the top of the well casing and land surface at each well site at a precision of plus or minus 0.01 foot (using a consistent, nationally recognized datum),
    9. An updated ground water table contour map signed and sealed by a professional geologist or professional engineer with experience in hydrogeologic investigations, with contours at no greater than one-foot intervals unless site-specific conditions dictate otherwise, which indicates ground water elevations and flow direction; and,
    10. A summary of any water quality standards or criteria that are exceeded.
    (b) A technical report, signed and sealed by a professional geologist or professional engineer with experience in hydrogeologic investigations, shall be submitted to the Department every two and on-half years during the active life of the facility, and every five years during the long-term care period. The report shall summarize and interpret the water quality and water level measurements collected during the past two and one-half years or five years for facilities in long-term care. The report shall contain, at a minimum, the following:
    1. Tabular displays of any data which shows that a monitoring parameter has been detected, and graphical displays of any leachate key indicator parameters detected (such as pH, specific conductance, TDS, TOC, sulfate, chloride, sodium and iron), including hydrographes for all monitor wells,
    2. Trend analyses of any monitoring parameters consistently detected,
    3. Comparisons among shallow, middle, and deep zone wells if multiple zones are monitored,
    4. Comparisons between background water quality and the water quality in detection and compliance wells,
    5. Correlations between related parameters such as total dissolved solids and specific conductance,
    6. Discussion of erratic and/or poorly correlated data,
    7. An interpretation of the ground water contour maps, including an evaluation of ground water flow rates; and,
    8. An evaluation of the adequacy of the water quality monitoring frequency and sampling locations based upon site conditions.
    (c) Instead of submitting the technical report of Fl. Admin. Code R. 62-701.510(8)(b), every two and one-half years, the permittee may elect to submit this required information annually in the second semi-annual report of each year, provided the annual technical report includes at least the last two and one-half years of water quality data.
    (d) All field and laboratory records specified in rules 62-160.600-.630, F.A.C., shall be made available to the Department and be retained for the design period of the landfill.
Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History-New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.510, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.