REGULATION 40 CFR 265.90(A) REQUIRES AN OWNER/OPERATOR OF A SURFACE IMPOUNDMENT USED TO MANAGE HAZARDOUS WASTE TO IMPLEMENT A GROUNDWATER MONITORING PROGRAM BY NOVEMBER 19, 1981, CAPABLE OF DETERMINING THE IMPACT OF THE FACILITY'S SURFACE IMPOUNDMENT(S) ON THE QUALITY OF GROUNDWATER IN THE UPPERMOST AQUIFER UNDERLYING THE FACILITY. AT THE TIME OF THE MAY 24, 1983, INSPECTION CONDUCTED BY MDNR AND U.S. EPA, RESPONDENT HAD NOT IMPLEMENTED A GROUND- WATER MONITORING PROGRAM AND COULD NOT PROVIDE A WRITTEN GROUNDWATER MONITORING WAIVER DEMONSTRATION FOR THE FACILI- TY. THEREFORE, THE RESPONDENT VIOLATED 40 CFR 265.90(A). REGULATION 40 CFR 265.94(A)(2)(I)(II) AND (III) REQUIRES AN OWNER/OPERATOR OF A SURFACE IMPOUNDMENT USED TO MANAGE HAZARDOUS WASTE TO REPORT (A) QUARTERLY, CONCENTRATIONS OR VALUES OF THE PARAMETERS LISTED IN 40 CFR 265.92(B)(1) FOR EACH GROUNDWATER MONITORING WELL WITHIN 15 DAYS AFTER COM- PLETING EACH QUARTERLY ANALYSIS; (B) ANNUALLY, CONCENTRA- TIONS OR VALUES OF THE PARAMETER LISTED IN 40 CFR 265.92(B) (3) FOR EACH GROUNDWATER MONITORING WELL ALONG WITH THE RE- QUIRED EVALUATIONS FOR THESE PARAMETERS UNDER 40 CFR 265.93 (B); AND (C) ANNUALLY, RESULTS OF GROUNDWATER SURFACE ELEVATIONS UNDER 40 CFR 265.93(F). THESE REQUIRED GROUND- WATER MONITORING REPORTS HAVE NOT BEEN SUBMITTED TO THE REGIONAL ADMINISTRATOR. THEREFORE, RESPONDENT VIOLATED 40 CFR 265.94(A)(2)(I)(II) AND (III).