DAR File No.: 27177
Filed: 05/14/2004, 05:22
Received by: NLRULE ANALYSIS
Purpose of the rule or reason for the change:
The rule is being updated to reflect current references and additions to EPA Drinking Water standards. EPA Drinking Water standards are incorporated into the ground water quality standards. The rule is also being modified to allow for a more reasonable allowance for natural variations in background water quality in an effort to reduce false positives.
Summary of the rule or change:
The rule changes include three primary changes: 1) updating Ground Water Quality Standards Table (Table 1), to reflect changes and additions to Federal Maximum Contamination Levels and Maximum Residual Disinfection Levels under EPA Drinking Water regulations; 2) updated definitions and references throughout the ground water rules; and 3) adjustments to protection levels to reflect a more reasonable representation of natural background variation in groundwater and reduce the occurrence of false positives.
State statutory or constitutional authorization for this rule:
Section 19-4-104
Anticipated cost or savings to:
the state budget:
No additional costs or savings are anticipated. The changes in protection levels will allow State staff to minimize time spent on erroneous out of compliance issues.
local governments:
The proposed changes do not directly affect local governments. No additional costs or savings are anticipated.
other persons:
The proposed changes in protection levels will reduce unnecessary accelerated monitoring and analysis costs for some permittees.
Compliance costs for affected persons:
No additional compliance costs are anticipated as a result of the proposed amendments. The proposed changes in protection levels will reduce unnecessary accelerated monitoring and analysis costs for some permittees, unwarranted expenditure of Division resources, and undue public concern.
Comments by the department head on the fiscal impact the rule may have on businesses:
The proposed changes in protection levels will reduce unnecessary accelerated monitoring and analysis costs for some permittees.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental Quality
Water Quality
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231Direct questions regarding this rule to:
Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at dwham@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
07/01/2004
This rule may become effective on:
07/16/2004
Authorized by:
Don Ostler, Director
RULE TEXT
R317. Environmental Quality, Water Quality.
R317-6. Ground Water Quality Protection.
R317-6-2. Ground Water Quality Standards.
2.1 The following Ground Water Quality Standards as listed in Table I are adopted for protection of ground water quality.
TABLE 1
GROUND WATER QUALITY STANDARDS
Parameter Milligrams per liter
(mg/l) unless noted
otherwise and based
on analysis of
filtered sample
except for Mercury
and organic compounds
PHYSICAL CHARACTERISTICS
Color (units) 15.0
Corrosivity (characteristic) noncorrosive
Odor (threshold number) 3.0
pH (units) 6.5-8.5
INORGANIC CHEMICALS
Bromate 0.01
Chloramine (as Cl2) 4
Chlorine (as Cl2) 4
Chlorine Dioxide 0.8
Chlorite 1.0
Cyanide (free) 0.2
Fluoride 4.0
Nitrate (as N) 10.0
Nitrite (as N) 1.0
Total Nitrate/Nitrite (as N) 10.0
METALS
Antimony 0.006
Asbestos (fibers/l and > 10 microns in length) 7.0x106
Arsenic 0.05
Barium 2.0
Beryllium 0.004
Cadmium 0.005
Chromium 0.1
Copper 1.3
Lead 0.015
Mercury 0.002
Selenium 0.05
Silver 0.1
Thallium 0.002
Zinc 5.0
ORGANIC CHEMICALS
Pesticides and PCBs
Alachlor 0.002
Aldicarb 0.003
Aldicarb sulfone 0.002
Aldicarb sulfoxide 0.004
Atrazine 0.003
Carbofuran 0.04
Chlordane 0.002
Dalapon (sodium salt) 0.2
Dibromochloropropane (DBCP) 0.0002
2, 4-D 0.07
Dichlorophenoxyacetic acid (2, 4-) (2,4D) 0.07
Dinoseb 0.007
Diquat 0.02
Endothall 0.1
Endrin 0.002
Ethylene Dibromide (EDB) 0.00005
Glyphosate 0.7
Heptachlor 0.0004
Heptachlor epoxide 0.0002
Lindane 0.0002
Methoxychlor 0.04
Oxamyl (Vydate) 0.2
Pentachlorophenol 0.001
Picloram 0.5
Polychlorinated Biphenyls 0.0005
Simazine 0.004
Toxaphene 0.003
2, 4, 5-TP (Silvex) 0.05
VOLATILE ORGANIC CHEMICALS
Benzene 0.005
Benzo (a) pyrene (PAH) 0.0002
Carbon tetrachloride 0.005
1, 2 - Dichloroethane 0.005
1, 1 - Dichloroethylene 0.007
1, 1, 1-Trichloroethane 0.200
Dichloromethane 0.005
Di (2-ethylhexyl) adipate 0.4
Di (2-ethylhexyl) phthalate 0.006
Dioxin (2,3,7,8-TCDD) 0.00000003
para - Dichlorobenzene 0.075
o-Dichlorobenzene 0.6
cis-1,2 dichloroethylene 0.07
trans-1,2 dichloroethylene 0.1
1,2 Dichloropropane 0.005
Ethylbenzene 0.7
Hexachlorobenzene 0.001
Hexachlorocyclopentadiene 0.05
Monochlorobenzene 0.1
Styrene 0.1
Tetrachloroethylene 0.005
Toluene 1
Trichlorobenzene (1,2,4-) 0.07
Trichloroethane (1,1,1-) 0.2
Trichloroethane (1,1,2-) 0.005
Trichloroethylene 0.005
Vinyl chloride 0.002
Xylenes (Total) 10
OTHER ORGANIC CHEMICALS
[Trihalomethanes 0.1]
Five Haloacetic Acids (HAA5) 0.06
(Monochloroacetic acid)
(Dichloroacetic acid)
(Trichloroacetic acid)
(Bromoacetic acid)
(Dibromoacetic acid)
Total Trihalomethanes (TTHM) 0.08
RADIONUCLIDES
The following are the maximum contaminant levels for
Radium-226 and Radium-228, and gross alpha particle
radioactivity, beta particle radioactivity, [and]photon
radioactivity, and uranium concentration:
Combined Radium-226 and Radium-228 5pCi/l
Gross alpha particle activity,
including Radium-226 but
excluding Radon and Uranium 15pCi/l
Uranium 0.030 mg/l
Beta particle and photon radioactivity
The average annual concentration from man-made
radionuclides of beta particle and photon radioactivity
from man-made radionuclides shall not produce an annual
dose equivalent to the total body or any internal organ
greater than four millirem/year.
Except for the radionuclides listed below, the
concentration of man-made radionuclides causing four
millirem total body or organ dose equivalents shall be
calculated on the basis of a two liter per day drinking
water intake using the 168 hour data listed in "Maximum
Permissible Body Burden and Maximum Permissible Concentration
Exposure", NBS Handbook 69 as amended August 1962, U.S.
Department of Commerce. If two or more radionuclides are
present, the sum of their annual dose equivalent to the total
body or to any organ shall not exceed four millirem/year.
Average annual concentrations assumed to produce a
total body or organ dose of four millirem/year:
Radionuclide Critical Organ pCi per liter
Tritium Total Body 20,000
Strontium-90 Bone Marrow 82.2 A permit specific ground water quality standard for any pollutant not specified in Table 1 may be established by the Executive Secretary at a level that will protect public health and the environment. This permit limit may be based on U.S. Environmental Protection Agency maximum contaminant level goals, health advisories, risk based contaminant levels, standards established by other regulatory agencies and other relevant information.
R317-6-4. Ground Water Class Protection Levels.
4.1 GENERAL
A. Protection levels are ground water pollutant concentration limits, set by ground water class, for the operation of facilities that discharge or would probably discharge to ground water.
B. For the physical characteristics (color, corrosivity, odor, and pH) and radionuclides listed in Table 1, the values listed are the protection levels for all ground water classes.
4.2 CLASS IA PROTECTION LEVELS
A. Class IA ground water will be protected to the maximum extent feasible from degradation due to facilities that discharge or would probably discharge to ground water.
B. The following protection levels will apply:
1. Total dissolved solids may not exceed the [
lesser]greater of [1.1]1.25 times the background or background plus two standard deviations.[value or 500 mg/l.]2. When a contaminant is not present in a detectable amount as a background concentration, the concentration of the pollutant may not exceed the greater of 0.1 times the ground water quality standard value, or the limit of detection.
3. When a contaminant is present in a detectable amount as a background concentration, the concentration of the pollutant may not exceed the greater of [
1.1]1.25 times the background concentration, [or][0.1]0.25 times the ground water quality standard, or background plus two standard deviations; however, in no case will the concentration of a pollutant be allowed to exceed the ground water quality standard.4.3 CLASS IB PROTECTION LEVELS
A. Class IB ground water will be protected as an irreplaceable source of drinking water.
B. The following protection levels will apply:
1. Total dissolved solids may not exceed the lesser of 1.1 times the background value or 2000mg/l.
2. When a contaminant is not present in a detectable amount as a background concentration, the concentration of the pollutant may not exceed the greater of 0.1 times the ground water quality standard, or the limit of detection.
3. When a contaminant is present in a detectable amount as a background concentration, the concentration of the pollutant may not exceed the greater of 1.1 times the background concentration or 0.1 times the ground water quality standard; however, in no case will the concentration of a pollutant be allowed to exceed the ground water quality standard.
4.4 CLASS IC PROTECTION LEVELS
Class IC ground water will be protected as a source of water for potentially affected wildlife habitat. Limits on increases of total dissolved solids and organic and inorganic chemical compounds will be determined in order to meet applicable surface water standards.
4.5 CLASS II PROTECTION LEVELS
A. Class II ground water will be protected for use as drinking water or other similar beneficial use with conventional treatment prior to use.
B. The following protection levels will apply:
1. Total dissolved solids may not exceed the greater of 1.25 times the background value or background plus two standard deviations.
2. When a contaminant is not present in a detectable amount as a background concentration, the concentration of the pollutant may not exceed the greater of 0.25 times the ground water quality standard, or the limit of detection.
3. When a contaminant is present in a detectable amount as a background concentration, the concentration of the pollutant may not exceed the greater of 1.25 times the background concentration[
or], 0.25 times the ground water quality standard, or background plus two standard deviations; however, in no case will the concentration of a pollutant be allowed to exceed the ground water quality standard.4.6 CLASS III PROTECTION LEVELS
A. Class III ground water will be protected as a potential source of drinking water, after substantial treatment, and as a source of water for industry and agriculture.
B. The following protection levels will apply:
1. Total dissolved solids may not exceed the greater of 1.25 times the background concentration level or background plus two standard deviations.
2. When a contaminant is not present in a detectable amount as a background concentration, the concentration of the pollutant may not exceed the greater of 0.5 times the ground water quality standard, or the limit of detection.
3. When a contaminant is present in a detectable amount as a background concentration, the concentration of the pollutant may not exceed the greater of 1.5 times the background concentration or 0.5 times the ground water quality standard or background plus two standard deviations; however, in no case will the concentration of a pollutant be allowed to exceed the ground water quality standard. If the background concentration exceeds the ground water quality standard no increase will be allowed.
4.7 CLASS IV PROTECTION LEVELS
Protection levels for Class IV ground water will be established to protect human health and the environment.
R317-6-6. Implementation.
6.1 DUTY TO APPLY FOR A GROUND WATER DISCHARGE PERMIT
A. No person may construct, install, or operate any new facility or modify an existing or new facility, not permitted by rule under R317-6-6.2, which discharges or would probably result in a discharge of pollutants that may move directly or indirectly into ground water, including, but not limited to land application of wastes; waste storage pits; waste storage piles; landfills and dumps; large feedlots; mining, milling and metallurgical operations, including heap leach facilities; and pits, ponds, and lagoons whether lined or not, without a ground water discharge permit from the Executive Secretary. A ground water discharge permit application should be submitted at least 180 days before the permit is needed.
B. All persons who constructed, modified, installed, or operated any existing facility, not permitted by rule under R317-6-6.2, which discharges or would probably result in a discharge of pollutants that may move directly or indirectly into ground water, including, but not limited to: land application of wastes; waste storage pits; waste storage piles; landfills and dumps; large feedlots; mining, milling and metallurgical operations, including heap leach facilities; and pits, ponds, and lagoons whether lined or not, must have submitted a notification of the nature and location of the discharge to the Executive Secretary before February 10, 1990 and must submit an application for a ground water discharge permit within one year after receipt of written notice from the Executive Secretary that a ground water discharge permit is required.
6.2 GROUND WATER DISCHARGE PERMIT BY RULE
A. Except as provided in R317-6-6.2.C, the following facilities are considered to be permitted by rule and are not required to obtain a discharge permit under R317-6-6.1 or comply with R317-6-6.3 through R317-6-6.7, R317-6-6.9 through R317-6-6.11, R317-6-6.13, R317-6-6.16, R317-6-6.17 and R317-6-6.18:
1. facilities with effluent or leachate which has been demonstrated to the satisfaction of the Executive Secretary to conform and will not deviate from the applicable class TDS limits, ground water quality standards, protection levels or other permit limits and which does not contain any contaminant that may present a threat to human health, the environment or its potential beneficial uses of the ground water. The Executive Secretary may require samples to be analyzed for the presence of contaminants before the effluent or leachate discharges directly or indirectly into ground water. If the discharge is by seepage through natural or altered natural materials, the Executive Secretary may require samples of the solution be analyzed for the presence of pollutants before or after seepage;
2. water used for watering of lawns, gardens, or shrubs or for irrigation for the revegetation of a disturbed land area except for the direct land application of wastewater;
3. application of agricultural chemicals including fertilizers, herbicides and pesticides including but not limited to, insecticides fungicides, rodenticides and fumigants when used in accordance with current scientifically based manufacturer's recommendations for the crop, soil, and climate and in accordance with state and federal statutes, regulations, permits, and orders adopted to avoid ground water pollution;
4. water used for irrigated agriculture except for the direct land application of wastewater from municipal, industrial or mining facilities;
5. flood control systems including detention basins, catch basins and wetland treatment facilities used for collecting or conveying storm water runoff;
6. natural ground water seeping or flowing into conventional mine workings which re-enters the ground by natural gravity flow prior to pumping or transporting out of the mine and without being used in any mining or metallurgical process;
7. leachate which results entirely from the direct natural infiltration of precipitation through undisturbed materials;
8. wells and facilities regulated under the underground injection control (UIC) program;
9. land application of livestock wastes, within expected crop nitrogen uptake;
10. individual subsurface wastewater disposal systems approved by local health departments or large subsurface wastewater disposal systems approved by the Board;
11. produced water pits, and other oil field waste treatment, storage, and disposal facilities regulated by the Division of Oil, Gas, and Mining in accordance with Section 40-6-5(3)(d) and R649-9, Disposal of Produced Water;
12. reserve pits regulated by the Division of Oil, Gas and Mining in accordance with Section 40-6-5(3)(a) and R649-3-7, Drilling and Operating Practices;
13. storage tanks installed or operated under regulations adopted by the Utah Solid and Hazardous Waste Control Board;
14. coal mining operations or facilities regulated under the Coal Mining and Reclamation Act by the Utah Division of Oil, Gas, and Mining (DOGM). The submission of an application for ground water discharge permit under R317-6-6.2.C may be required only if the Executive Secretary, after consideration of recommendations, if any, by DOGM, determines that the discharge violates applicable ground water quality standards, applicable Class TDS limits, or is interfering with a reasonable foreseeable beneficial use of the ground water. DOGM is not required to establish any administrative or regulatory requirements which are in addition to the rules of DOGM for coal mining operations or facilities to implement these ground water regulations;
15. hazardous waste or solid waste management units managed or undergoing corrective action under R315-1 through R315-14;
16. solid waste landfills permitted under the requirements of R315-303;
17. animal feeding operations, as defined in UAC R317-8-3.5(2) that use liquid waste handling systems, which are not located within Zone 1 (100 feet) for wells in a confined aquifer or Zone 2 (250 day time of travel) for wells and springs in unconfined aquifers, in accordance with the Public Drinking Water Regulations UAC R309-[
113]600, and which meet either of the following criteria:a) operations constructed prior to the effective date of this rule which incorporated liquid waste handling systems and which are either less than 4 million gallons capacity or serve fewer than 1000 animal units, or
b. operations with fewer than the following numbers of confined animals:
i. 1,500 slaughter and feeder cattle,
ii. 1,050 mature dairy cattle, whether milked or dry cows,
iii. 3,750 swine each weighing over 25 kilograms (approximately 55 pounds),
iv. 18,750 swine each weighing 25 kilograms or less (approximately 55 pounds),
v. 750 horses,
vi. 15,000 sheep or lambs,
vii. 82,500 turkeys,
viii. 150,000 laying hens or broilers that use continuous overflow watering but dry handle wastes,
ix. 45,000 hens or broilers,
x. 7,500 ducks, or
xi. 1,500 animal units
18. animal feeding operations, as defined in UAC R317-8-3.5(2), which do not utilize liquid waste handling systems;
19. mining, processing or milling facilities handling less than 10 tons per day of metallic and/or nonmetallic ore and waste rock, not to exceed 2500 tons/year in aggregate unless the processing or milling uses chemical leaching;
20. pipelines and above-ground storage tanks;
21. drilling operations for metallic minerals, nonmetallic minerals, water, hydrocarbons, or geothermal energy sources when done in conformance with applicable regulations of the Utah Division of Oil, Gas, and Mining or the Utah Division of Water Rights;
22. land application of municipal sewage sludge for beneficial use, at or below the agronomic rate and in compliance with the requirements of 40 CFR 503, July 1, [
1993]2000 edition;23. land application of municipal sewage sludge for mine-reclamation at a rate higher than the agronomic rate and in compliance with 40 CFR 503, July 1, [
1993]2000 edition;24. municipal wastewater treatment lagoons receiving no wastewater from a significant industrial discharger as defined in R317-8-8.2(12); and
25. facilities and modifications thereto which the Executive Secretary determines after a review of the application will have a de minimis actual or potential effect on ground water quality.
B. No facility permitted by rule under R317-6-6.2.A may cause ground water to exceed ground water quality standards or the applicable class TDS limits in R317-6-3.1 to R317-6-3.7. If the background concentration for affected ground water exceeds the ground water quality standard, the facility may not cause an increase over background. This section, R317-6-6.2B. does not apply to facilities undergoing corrective action under R317-6-6.15A.3.
C. The submission of an application for a ground water discharge permit may be required by the Executive Secretary for any discharge permitted by rule under R317-6-6.2 if it is determined that the discharge may be causing or is likely to cause increases above the ground water quality standards or applicable class TDS limits under R317-6-3 or otherwise is interfering or may interfere with probable future beneficial use of the ground water.
6.3 APPLICATION REQUIREMENTS FOR A GROUND WATER DISCHARGE PERMIT
Unless otherwise determined by the Executive Secretary, the application for a permit to discharge wastes or pollutants to ground water shall include the following complete information:
A. The name and address of the applicant and the name and address of the owner of the facility if different than the applicant. A corporate application must be signed by an officer of the corporation. The name and address of the contact, if different than above, and telephone numbers for all listed names shall be included.
B. The legal location of the facility by county, quarter-quarter section, township, and range.
C. The name of the facility and the type of facility, including the expected facility life.
D. A plat map showing all water wells, including the status and use of each well, Drinking Water source protection zones, topography, springs, water bodies, drainages, and man-made structures within a one-mile radius of the discharge. The plat map must also show the location and depth of existing or proposed wells to be used for monitoring ground water quality. Identify any applicable Drinking Water source protection ordinances and their impacts on the proposed permit.
E. Geologic, hydrologic, and agricultural description of the geographic area within a one-mile radius of the point of discharge, including soil types, aquifers, ground water flow direction, ground water quality, aquifer material, and well logs.
F. The type, source, and chemical, physical, radiological, and toxic characteristics of the effluent or leachate to be discharged; the average and maximum daily amount of effluent or leachate discharged (gpd), the discharge rate (gpm), and the expected concentrations of any pollutant (mg/l) in each discharge or combination of discharges. If more than one discharge point is used, information for each point must be given separately.
G. Information which shows that the discharge can be controlled and will not migrate into or adversely affect the quality of any other waters of the state, including the applicable surface water quality standards, that the discharge is compatible with the receiving ground water, and that the discharge will comply with the applicable class TDS limits, ground water quality standards, class protection levels or an alternate concentration limit proposed by the facility.
H. For areas where the ground water has not been classified by the Board, information on the quality of the receiving ground water sufficient to determine the applicable protection levels.
I. [
The]A proposed sampling and analysis monitoring plan[,] which conforms to EPA Guidance for Quality Assurance Project Plans, EPA QA/G-5 (EPA/600/R-98/018, February 1998) and includes a description, where appropriate, of the following:1. ground water monitoring to determine ground water flow direction and gradient, background quality at the site, and the quality of ground water at the compliance monitoring point;
2. installation, use and maintenance of monitoring devices;
3. description of the compliance monitoring area defined by the compliance monitoring points including the dimensions and hydrologic and geologic data used to determine the dimensions;
4. monitoring of the vadose zone;
5. measures to prevent ground water contamination after the cessation of operation, including post-operational monitoring;
6. monitoring well construction and ground water sampling which conform [
to A Guide to the Selection of Materials for]where applicable to the Handbook of Suggested Practices for Design and Installation of Ground-Water Monitoring [Well Construction and]Wells (EPA/600/4-89/034, March 1991), ASTM Standards on Ground Water and Vadose Investigations (1996), Practical Guide for Ground Water Sampling EPA/600/2-85/104, (November 198[3]5) and RCRA Ground Water Monitoring Technical Enforcement Guidance [Manual]Document (1986), unless otherwise specified by the Executive Secretary;7. description and justification of parameters to be monitored[
.];8. quality assurance and control provisions for monitoring data.
J. The plans and specifications relating to construction, modification, and operation of discharge systems.
K. The description of the ground water most likely to be affected by the discharge, including water quality information of the receiving ground water prior to discharge, a description of the aquifer in which the ground water occurs, the depth to the ground water, the saturated thickness, flow direction, porosity, hydraulic conductivity, and flow systems characteristics.
L. The compliance sampling plan which in addition to the information specified in the above item I includes, where appropriate, provisions for sampling of effluent and for flow monitoring in order to determine the volume and chemistry of the discharge onto or below the surface of the ground and a plan for sampling compliance monitoring points and appropriate nearby water wells. Sampling and analytical methods proposed in the application must conform with the most appropriate methods specified in the following references unless otherwise specified by the Executive Secretary:
1. Standard Methods for the Examination of Water and Wastewater, [
eighteenth]twentieth edition, 199[2]8; Library of Congress catalogue number: ISBN: [0-87553- 207-1]0-87553-235-7.2. E.P.A. Methods, Methods for Chemical Analysis of Water and Wastes, 1983; Stock Number EPA-600/4-79-020.
3. Techniques of Water Resource Investigations of the U.S. Geological Survey, ([
1982]1998); Book [5, Chapter A3]9.4. Monitoring requirements in 40 CFR parts 141 and 142, [
1991]2000 ed., Primary Drinking Water Regulations and 40 CFR parts 264 and 270, [1991]2000 ed.5. National Handbook of Recommended Methods for Water-Data Acquisition, GSA-GS edition; Book 85 AD-2777, U.S. Government Printing Office Stock Number 024-001-03489-1.[
6. Manual of Analytical Methods for the Analysis of Pesticide Residues in Humans and Environmental Samples, 1980; Stock Number EPA-600/8-80-038, U.S. Environmental Protection Agency.]M. A description of the flooding potential of the discharge site, including the 100-year flood plain, and any applicable flood protection measures.
N. Contingency plan for regaining and maintaining compliance with the permit limits and for reestablishing best available technology as defined in the permit.
O. Methods and procedures for inspections of the facility operations and for detecting failure of the system.
P. For any existing facility, a corrective action plan or identification of other response measures to be taken to remedy any violation of applicable ground water quality standards, class TDS limits or permit limit established under R317-6-6.4E. which has resulted from discharges occurring prior to issuance of a ground water discharge permit.
Q. Other information required by the Executive Secretary.
R. All applications for a groundwater discharge permit must be performed under the direction, and bear the seal, of a professional engineer or professional geologist.
S. A closure and post closure management plan demonstrating measures to prevent ground water contamination during the closure and post closure phases of an operation.
6.4 ISSUANCE OF DISCHARGE PERMIT
A. The Executive Secretary may issue a ground water discharge permit for a new facility if the Executive Secretary determines, after reviewing the information provided under R317-6-6.3, that:
1. the applicant demonstrates that the applicable class TDS limits, ground water quality standards protection levels, and permit limits established under R317-6-6.4E will be met;
2. the monitoring plan, sampling and reporting requirements are adequate to determine compliance with applicable requirements;
3. the applicant is using best available technology to minimize the discharge of any pollutant; and
4. there is no impairment of present and future beneficial uses of the ground water.
B. The Board may approve an alternate concentration limit for a new facility if:
1. The applicant submits a petition for an alternate concentration limit showing the extent to which the discharge will exceed the applicable class TDS limits, ground water standards or applicable protection levels and demonstrates that:
a. the facility is to be located in an area of Class III ground water;
b. the discharge plan incorporates the use of best available technology;
c. the alternate concentration limit is justified based on substantial overriding social and economic benefits; and,
d. the discharge would pose no threat to human health and the environment.
2. One or more public hearings have been held by the Board in nearby communities to solicit comment.
C. The Executive Secretary may issue a ground water discharge permit for an existing facility provided:
1. the applicant demonstrates that the applicable class TDS limits, ground water quality standards and protection levels will be met;
2. the monitoring plan, sampling and reporting requirements are adequate to determine compliance with applicable requirements;
3. the applicant utilizes treatment and discharge minimization technology commensurate with plant process design capability and similar or equivalent to that utilized by facilities that produce similar products or services with similar production process technology; and,
4. there is no current or anticipated impairment of present and future beneficial uses of the ground water.
D. The Board may approve an alternate concentration limit for a pollutant in ground water at an existing facility or facility permitted by rule under R317-6-6.2 if the applicant for a ground water discharge permit shows the extent the discharge exceeds the applicable class TDS limits, ground water quality standards and applicable protection levels that correspond to the otherwise applicable ground water quality standards and demonstrates that:
1. steps are being taken to correct the source of contamination, including a program and timetable for completion;
2. the pollution poses no threat to human health and the environment; and
3. the alternate concentration limit is justified based on overriding social and economic benefits.
E. An alternate concentration limit, once adopted by the Board under R317-6-6.4B or R317-6-6.4D, shall be the pertinent permit limit.
F. A facility permitted under this provision shall meet applicable class TDS limits, ground water quality standards, protection levels and permit limits.
G. The Board may modify a permit for a new facility to reflect standards adopted as part of corrective action.
. . . . . . .
6.16 OUT-OF-COMPLIANCE STATUS
A. Accelerated Monitoring for Probable Out-of-Compliance Status
If the [
concentration]value of a single analysis of a pollutant concentration in any compliance monitoring sample exceeds an applicable permit limit, the facility shall:1. Notify the Executive Secretary in writing within 30 days of receipt of data;
2. [
Initiate]Immediately initiate monthly sampling if the value exceeds both the background concentration of the pollutant by two standard deviations and an applicable permit limit, unless the Executive Secretary determines that other periodic sampling is appropriate, for a period of two months or until the compliance status of the facility can be determined.B. Violation of Permit Limits
Out-of-compliance status exists when:
1. The value for two consecutive samples from a compliance monitoring point exceeds:
a. one or more permit limits; and
b. the [
mean ground water pollutant]background concentration for that pollutant by two standard deviations (the standard deviation and background (mean)[mean] being calculated using values for the ground water pollutant at that compliance monitoring point) unless the existing permit limit was derived from the background pollutant concentration plus two standard deviations; or2. the concentration value of any pollutant in two or more consecutive samples is statistically significantly higher than the applicable permit limit. The statistical significance shall be determined using the statistical methods described in Statistical Methods for Evaluating Ground Water Monitoring Data from Hazardous Waste Facilities, Vol. 53, No. 196 of the Federal Register, Oct. 11, 1988 and supplemental guidance in Guidance For Data Quality Assessment (EPA/600/R-96/084 January 1998).
C. Failure to Maintain Best Available Technology Required by Permit
1. Permittee to Provide Information
In the event that the permittee fails to maintain best available technology or otherwise fails to meet best available technology standards as required by the permit, the permittee shall submit to the Executive Secretary a notification and description of the failure according to R317-6-6.13. Notification shall be given orally within 24 hours of the permittee's discovery of the failure of best available technology, and shall be followed up by written notification, including the information necessary to make a determination under R317-6-6.16.C.2, within five days of the permittee's discovery of the failure of best available technology.
2. Executive Secretary
The Executive Secretary shall use the information provided under R317-6-6.16.C.1 and any additional information provided by the permittee to determine whether to initiate a compliance action against the permittee for violation of permit conditions. The Executive Secretary shall not initiate a compliance action if the Executive Secretary determines that the permittee has met the standards for an affirmative defense, as specified in R317-6-6.16.C.3.
3. Affirmative Defense
In the event a compliance action is initiated against the permittee for violation of permit conditions relating to best available technology, the permittee may affirmatively defend against that action by demonstrating the following:
a. The permittee submitted notification according to R317-6-6.13;
b. The failure was not intentional or caused by the permittee's negligence, either in action or in failure to act;
c. The permittee has taken adequate measures to meet permit conditions in a timely manner or has submitted to the Executive Secretary, for the Executive Secretary's approval, an adequate plan and schedule for meeting permit conditions; and
d. The provisions of 19-5-107 have not been violated.
. . . . . . .
KEY: water quality, ground water
2004
Notice of Continuation October 17, 2002
19-5
Document Information
- Effective Date:
- 7/16/2004
- Publication Date:
- 06/01/2004
- Filed Date:
- 05/14/2004
- Agencies:
- Environmental Quality,Water Quality
- Rulemaking Authority:
Section 19-4-104
- Authorized By:
- Don Ostler, Director
- DAR File No.:
- 27177
- Related Chapter/Rule NO.: (1)
- R317-6. Ground Water Quality Protection.