DRC-2009-008038 - 0901a06880140986

Permit No.UGW370004
STATE OF UTAH
DIVISION OFWATER QUALlTY
DEPARTMENT OF ENVIRONMENTAL QUAUTY
UTAH WATER QUAUTY BOARD
SALT LAKE CITY,UTAH 84114-4870
GROUND WATER DISCHARGE PERMIT
In compliance with the provisions of the Utah Water Quality Act,Title 19,Chapter 5,Utah Code
Annotated 1953,as amended,the Act,
Denison Mines (USA)Corp.
IndependencePlaza,Suite 950
1050 17th Street
Denver,Colorado 80265
is granted a ground water discharge pennit for the operation ofa uranium milling and tailings
disposal facility located approximately 6 miles south ofBlanding,Utah.The facility is located
on a tract of land in Sections 28,29,32,and 33,Township 37 South,Range 22 East,Salt Lake
Base and Meridian,San Juan County,Utah.
The pennit is based on representations made by the Permittee and other infOlmation contained in
the administrative record.It is the responsibility ofthe Permittee to read and understand all
provisions of this permit.
The milling and tailings disposal facility shall be operated and revised in accordance with
conditions set fOlth in the pennit and the Utah Ground Water Quality Protection Regulations.
This modified Ground Water Quality Discharge Permit amends and supersedes aU other Ground
Water Discharge pennits for this facility issued previously.
This permit shall become effective.""o""n'--_
This pennit shall expire March 8,2010.
Signed this /7/4day of !lAJ!L]f ,2008
Table of Contents
PART 1.SPECIFIC PERMIT CONDITIONS 1
A.GROUND WATER CLASSIFICATION 1
B.BACKGROUND WATER QUALITy 1
C.PERMITLIMITs 2
1.Ground Water Compliance Limits 2
2.Tailings Cell Operations 2
3.Prohibited Discharges 2
D.DISCHARGE MIN1MIZATION AND BESTAVAlLABLE TECHNOLOGY STANDARDS 8
1.DMT Design Standards for Existing Tailings Cells 1,2,and 3 8
2.Existing Tailings Cell Construction Authorized 10
3.Existing Facility DMTPerformance Standards 10
4.Best Available Technology Requirements for New Construction 12
5.BAT Design Standards for Tailings Cell 4A 13
6.BAT Performance Standards for Tailings Cell4A 15
7.Definition of lle.(2)Waste 16
8.Closed Cell PerfOlmance Requirements 16
9.Facility Reclamation Requirements 16
10.Stormwater Management and Spill Control Requirements 16
11.DMT Requirements for Feedstock Material Stored Outside the Feedstock Storage Area
......................................................................................................................................17
E.GROUND WATER COMPLIANCE AND TECHNOLOGY PERFORMANCE MONITORJNG 17
1.Routine Groundwater Compliance Monitoring 17
2.Groundwater MonitOling:Monitoring Wells MW-20 and MW-22 18
3.Groundwater Head Monitoring 18
4.Groundwater Monitoring Well Design and Construction Criteria 19
5.Monitoring Procedures for Wells 19
6.White Mesa Seep and Spring Monitoring 19
7.DMr Performance Standard Monitoring 20
8.BAT Pelformance Standard Monitoring 20
9.On-site Chemicals Inventory 21
10.Tailings Cell Wastewater Quality Monitoring 21
11.Groundwater MonitOling Modifications 22
F.REPORTING REQUlREMENTS 22
1.Routine Groundwater MonitOJing Reports 22
2.Routine DMT PerfOlmance Standard Monitoring Report 23
3.Routine BAT Performance Standard Monitoring RepOJ1s 23
4.DMT and BAT Performance Upset Reports '"23
5.Other Information 23
6.Groundwater Monitoling Well As-Built Reports 23
7.White Mesa Seep and Spring Monitoring Reports 24
8.Chemicals Inventory Report 24
9.Tailings Cell Wastewater Quality Reports 24
10.Revised Hydrogeologic Report 24
11.Annual Slimes Drain Recovery Head Report 25
G.OUTOF COMPLIANCE STATUS 25
1.Accelerated Monitoring Status 25
2.Violation of Pennit Limits 25
3.Failure to Maintain DMT or BAT Required by Penni!..26
4.Facility Out ofCompliance Status 26
5.Accelerated Monitoring Status for New Wells 27
H.COMPLIANCE SCHEDULEREQUIREMENTS 27
1.Installation of New Groundwater Monitoring Wells 27
2.Revised Hydrogeologic RepOlt 27
3.Background Ground Water Quality Report:Existing Wells 28
4.Background Groundwater Quality Report:New Monitoring Wells 29
5.Tailings Cells Wastewater Quality Sampling Plan 29
6.MonitOling Well Remedial Action and Report 30
7.Monitoring Well MW-3 Verification,Retrofit,or Reconstruction Report 30
8.White Mesa Seeps and Springs Sampling Work Plan and Report 30
9.On-site Chemicals Inventory Report 31
10.Infiltration and Contaminant Transport Modeling Work Plan and Report 31
11.Plan for Evaluation ofDeep Supply Well WW-2 33
12.Liner Maintenance Provisions 33
13.<Reserved>33
14.<Reserved >33
15.Contingency Plan 33
16.Revised Storrnwater Best Management Practices Plan 34
17.<Reserved>34
18.Repair of Monitor Well MW-S 34
19.Cell 4A BAT Monitoring Operations and Maintenance Plan 34
20 <Reserved>34
21.Feedstock Material Stored Outside the Feedstock Storage Area Management Plan 34
22.QAP Non-Conformance 34
PART II.REPORTING REQUJREMENTS 35
A.REPRESENTATIVE SAMPLING 35
B.ANALYJJCALPROCEDURES 35
C.PENALTIES FOR TAMPERING 35
D.I<EPORTING OF MONITORING RESULTS 35
E.COMPLIANCE SCHEDULES 35
F.ADDmONALMONlTORING BY TIm PERMITTEE 35
G.RECORDS CONTENTS 35
H..RETENTION OFI<ECORDS 35
1.NOTICE OF NONCOMPLIANCE I<EPORTING 36
J.OTIffiRNONCOMPUANcERErORJ1NG 36
K.INSPECTION AND ENTRY 36
PART m.COMPUANCE RESPONSIBlLITIES 37
A.DUTY TO COMPLy 37
B.PF~ALTIES FOR VIOLATIONS OF PERMIT CONDITIONS 37
C.NEED TO HALTOR REDUCE ACTIVITY NOT A DEFENSE 37
D.DUTY TO MlTIGATE 37
E.PROPER OPERATION AND MAINTENANCE 37
PART IV.GENERALREQUJREMENTS 38
A.PLANNED CHANGES 38
B.ANTICIPATED NONCOMPLIANCE 38
C.PERMIT ACTIONS 38
D.DUTY TO REilPPLY 38
E.DUTY TO PROVIDE INFORMATION 38
F.OTIIER lNFORMATION 38
G.SIGNATORY REQUIREMENTS 38
II
H.PENALTIES FOR FALSIFICATION OF REPORTS 39
1.AVAlLABlUfY OFREpORTS 39
J.PROPERTY RIGHTS 39
K.SEVERABll..ITY 39
L.TRANSFERS 39
M.STATE LAWS 40
N.REOPENERPROVJSJONS 40
List ofTables
Table 1.Ground Water Classification 1
Table 2.Groundwater Compliance Limits 3
Table 3.DMT Engineering Design and Specifications 8
Table 4.Feedstock Storage Area Coordinates 12
Table 5.Approved Tailings Cell 4A Engineering Design and Specifications 13
Table 6.Groundwater Monitoring RepOlting Schedule 22
III
Part I
PelTI1it No.UGW370004
PART L SPECIBC PERMlT CONDITIONS
A.GROUND WATER CLASSIFICATION -the ground water classification of the shallow aquifer
under the tailings facility has been detennined on a well-by-well basis,as defined in Table 1,
below:
Table 1 Ground Water Classification
Class II Groundwater Class III Groundwater
WellID Average IDS (rog/I)Averal:!e 'IDS (mlrll)
Permittee DRCData Pennittee DRCData(,)
Data Data
Avg.No.of Avg.No.of Avg.No.of Avg.No.of
Cone(l)Data(3)Conc(2)Data(3)Well ill ConeY)Data(3)Conc.(2)Data(3)
Historic Monitoring Wells
MW-I 1,276 68 1,268 4 MW-2 3,031 67 3,103 4
MW-5 2,081 69 2,068 4 MW-3 5,200 67 5,289 4
MW-ll 1,834 50 2,039 4 MW-12 3,939 50 3,756 4
MW-18 2,545 9 2,611 4 MW-14 3,582 30 3,589 4
MW_19(4)2,697 9 3,120 4 MW-15 3,855 30 3,847 4
MW-20")2,977 1 nJa 0 MW-17 4,538 11 4,542 4
MW-22")5,105 1 nJa 0
Recent MO/l;lor;/l!?Wells
MW-26(o)3,120 1 3,206 1
'IW4-16(7)2,930 1 3,430 1
MW_32(8)3,190 1 3,650 1
Footnotes:
1)Based on historic total dissolved solids (IDS)data provided by Permittee for period between October,1979 and May,1999,Average
concentrations calculated by Utah Division of Radiation Control (DRC)staff in a November 29,1999 memorandum.
2)Based on average ofDRC split samples collected from the White Mesa facility between May,1999 and September,2002.
3)Number oflUC or DRC samples used in the evaluation ofaverage TDS concentrations.
4)Classification ofwell MW-]9 based on the conservativelylower ruc data.
5)Wells MW~20 and MW-22 are nol point of compliance monitoring wells,but inSlead are groundwater bead monitoring wells as per Part 1.E.2.
6)Well MW-26 was originally named TW4-I5 and was installed as a part ofarecent chlorofonncontaminant investigation at the facility.Under
this Permit,MW-26 is defined as a Point ofCompliance (POC)well for the tailings cells (see Part I.E.1).
7)Well TW4-16 was installed as a part ofa recent cWorofonn investigation at the facility,and has been included ill the Penni!as groundwater
head monitoring well (Part I.E.2).Groundwater classification provided here based Oil average ofbolh llle ruc and DRC dala (2 samples).
8)Well MW~32 was originally named TW4-17 and was installed as a part ofa recent chlorofonn contaminant investigation at the facility.Under
this Permit it is included as a poe well for the tailings cells in Part LE.I.
B.BACKGROUND WATER QUALITY -background groundwater quality will be determined on a
well-by-well basis,as defined by thc mean plus second standard deviation concentration.
AfterExecutive Secretary approval of the Background Groundwater Quality Reports required
by Part l.H.3 and 4,this pelmit will be re-opened and Table 2 revised to define background
concentrations and groundwater compliance limits for all required contaminants.
1
Pm1 I
Permit No,UGW370004
C.PERMIT LIMITS -the Pennittee shall comply with the following pelmit limits:
1,Ground Water Compliance Limits -contaminant concentrations measured in each
monitoring well shall not exceed the Ground Water Compliance Limits (GWCL)defined
in Table 2,below,Ground water quality at the site must at all times meet alIthe
applicable GWQS and ad hoc GWQS defined in R317-6 even though this pennit does not
require monitoring for each specific contaminant.
2,Tailings CeJJ Operations -only 11.e,(2)by-product material authOlized by Utah
Radioactive Materials License No,lJT-2300478 (hereafter License)shaJJ be discharged to
or disposed ofin the tailings ponds,
3.Prohibited Discharges -discharge of other compounds such as paints,used oil,
antifreeze,pesticides,or any other contaminant not defined as IIe,(2)matella!is
prohibited.
2
Part I
Pennit No.UOW370004
(OW>jdGbI------------------------------------_._.--,_.~-,
I Um,radientWeUs Down or Lateral Gradient Wells
i MW-l(Class II)i MW-18 (Class II)i MW-19 (Class I MW.2 Class III)MW-3 (Class HI)i MW-5 (Class II)
Contaminant I GWQS'"Meall ~l>;I SD\"I GWCL ,i'I Mean I SD I GWCL I Mean I SD I GWCL Mean I SD I GWCL Mean I SO I GWCL I Merrn I SD I GIVCL
Nutrients (mf!./I)
Ammonia (as N)I 25 (!l I I I 6.25 I 6.25 I I 6.25 I I I 12.5 12.5 I 6.25
Nitrate +Nitrite (as N)10 2.5 I I I 2.5 I 2.5 I I I 5 I I I 5 I I I 2.5
Heavy Metals (UJ?Il)
Arsenic 50 12.5 12.5 12.5 25 25 12.5
Beryllium 4 1.0 1.0 1.0 2.0 2.0 1.0
Cadmium 5 1.25 1.25 1.25 2.5 2.5 I 1.25
Chromium 100 25 25 25 50 50 25
Cobalt 73015)182.5 182.5 182.5 365 365 182.5
Copper 1.300 325 325 325 650 650 325
Iron 11,000(5)2,750 2,750 2,750 5.500 5,500 2,750
Lead 15 3.75 3.75 3.75 7.5 7.5 3.75
Mannnese 800(4)200 200 200 400 400 200
Mercury 2 0.5 0.5 0.5 I I 0.5
Molybdenum 40{21 10 10 10 20 20 10
Nickel 100 l~)25 25 25 50 50 25
Selenium 50 12.5 12.5 12.5 25 25 12.5
Silver 100 25 25 25 50 50 25
Thaliium 2 0.5 05 0.5 1.0 1.0 05
Tin 17,000(10)4,250 4,250 4,250 8.500 8,500 4,250
Uranium 30 (~)7.5 7.5 7.5 15 15 7.5
Vanadium 60(~)15 15 15 30 30 15
Zinc 5,000 1,250 1,250 I 1,250 2,500 2,500 1,250
RadiolOfdcs (pOll)
Gross Alpha 15 I 3.75 I I 3.75 3.75 I I 7.5 7.5 I I I 3.75
Volatile Orzanic ComiJounds (Uf!.Il)
Acetone 700(4)175 175 175 350 350 175
Benzene 5 1.25 1.25 1.25 2.5 2.5 1.25
2-Butanone MEK)4,000 tZ1 1000 1000 1000 2000 2000 1000
Carbon Tetrachloride 5 [.25 1.25 1.25 2.5 2.5 1.25
Chloroform 70141 17.5 17.5 17.5 35 35 li.5
Chloromethane 30(2)7.5 7.5 7.5 15 [5 7.5
Dichloromethane 5 (11 1.25 1.25 1.25 2.5 2.5 1.25
Naphthalene 100(2)25 25 25 50 50 25
Tetrahydrofuran 46 (4)11.5 11.5 11.5 23 23 11.5
Toluene 1,000 250 250 250 500 500 250
Xvlenes (total)10.000 2,500 2,500 2,500 5,000 5,000 2,500
Others
FreId pH (S.U.)6.5 8.5 I TBD(Sl TBD TBD TBD TBD TBD
Fluoride (mgll)4.0 1.0 1.0 1.0 2.0 2.0 1.0
Chloride mg/J)TBD TBD TBD TBD TBD TBD
Sulfate (ml:d!TBD TBD TBD TBO TBD TBO
TDS (mp'/l)TBD TBD TBD TBD TBD TBO
3
Part I
Permit No.UGW370004
(LrQualitvCdd.GTable2 C ~--_.--~-------------..----~--~--\~.--,
Down or Lateral Gradient WelTs
MW·ll (Class II)I MW-12 (Class UI)MW·14 (Class 1m I MW·15 (Class UO I MW~17 Class lID MW·26(CI"s Ill)
Contaminant GWQS{I)Mean ,(>.SD'r"I GWCLIi)Mean SD I GWCL I Mean 3D GWCL I Mean SD GIVCL I Meon I SD I GIVCL I Me,n I SD OWCL
Nutrients (m"ll)
Ammonia (as N)I 25 U)I I I 6.25 I I I 12.5 I I I 12.5 I 12.5 I I 12.5 I I I 12.5
Nitrate ~Nitrile as N)10 I 2.5 I I 5 I 5 I I I 5 I I 5 I 5
Heavy Metals (u"ll)
Arsenic 50 12.5 25 25 25 25 25
Beryllium 4.0 1.0 2.0 2.0 2.0 2.0 2.0
Cadmium 5 1.25 2.5 2.5 2.5 2.5 2.5
Chromium 100 25 50 50 50 50 50
Cobalt 730 (~l 182.5 365 365 365 365 365
Copper 1,300 325 650 650 650 650 650
Imn I1,000 (S1 2,750 5.500 5.500 5,500 5.500 5.500
Lead 15 3.75 7.5 7.5 7.5 7.5 7.5
Mam:ranese 800 w 200 400 400 400 .400 400
MercuTY 2 0.5 I I I I I
Molybdenum 40 (Z)10 20 20 20 20 20
Nickel lOOm 25 50 50 50 50 50
Selenium 50 12.5 25 25 \25 25 25
Silver 100 25 50 50 50 50 50
Thallium 2 0.5 1.0 1.0 1.0 1.0 1.0
Tin 17,Ooal101 4,250 8,500 8.500 8.500 8.500 8,500
Uranium 30(3)7.5 IS 15 15 15 IS
Vanadium GO{~)IS 30 30 30 30 30
Zinc 5,000 1.250 2,500 2,500 2.500 2.500 2.500
Radiolo"ics (pCiIl)
Gross Alpha I IS I I 3.75 I 7.s I 7.s I 7.s I I I 7.5 I I I 7.5
Volatile OrRanic Compounds (uRIl)
Acetone 700(~)175 350 350 350 350 350
Benzene 5 1.25 2.5 2.5 2.5 2.5 2.5
2-Butanone (MEK)4,000(!)1000 2000 2000 2000 2000 2000
i Carbon Tetrachloride 5 1.25 2.5 2.5 2.5 2.5 2.5
Chloroform 7014)17.5 35 35 35 35 35
Chloromethane 30(2)7,5 IS IS IS IS IS
Dichloromethane 5 {Jl 1.25 2.5 2.5 2.5 2.5 2.5
Naphthalene lOOm 25 50 50 50 50 50
Tetrahvdrofuran 46 (~l II.s 23 23 23 23 23
Toluene 1,000 250 500 500 500 500 500
Xvlenes (tota!)10.000 2.500 5.000 5,000 5,000 5,000 5.000
Others
Field pH (S.U.)6.5 -85 TBD TBD TBD TBD TBD TBD
Fluoride (mlllJ)4.0 1.0 2,0 2,0 2.0 2.0 2,0
Chloride mg/l)TBD TBD TBD TBD TBD TBD
Sulfate (mVl)TBD TBD TBD TBD TBD TBD
TDS (mp"/1)TBD TBD TBD TBD TBD TBD
4
Part I
Pennit No.UGW370004
--------..-_..--------,.-..-~-.x.----"'~~~~~~.~"'........~.....~....\......."............../
Down or Lateral GradientWells Future Wells To Be fns[alled ,s'
I MWM32(ClassID)MW-23 (Cl;l~S THD)tvlW-24 (C'1<lSS TI3!))I MW·25 (Class Tn]))1 MW~27 (C'l<ls~TUO)1 MW··28 (Clas~'I"BO)
Contaminant GWQS{I)MC<ln''''\SlY'"\GWCLm Me-an \$D \own.Mran I SD \(J\VCL Mean I SD I GWCL I Me,,,,I SD I GWCL 1 Mo"n I SD I GWn.i Nutrients (mzll)
I Anunonia(as N)25 (2)12.5 1 TBD 1 1 TED I I TBD I I TBD 1 1 1TBD
1 Nitrate+Nitrite (as N)I 10 I I I 5 I I I TBD I 1 1 TBD 1 1 TBD TBD I I I TED
I.Heavy Metals (URIl)
Arsenic 50 25 TBD TBD TBD TBD TED
Bervllium 4.0 2.0 TBD TBD TBD TBD TED
Cadmium 5 25 TBD TBD TBD TBD TBD
Chromium 100 50 TBD TBD TBD TED TBD
Cobalt 730 Pl 365 TBD TBD TBD TBD TBD
COlmer 1,300 650 TBD TBD TBD TBD TBD
fron 11,000(Sl 5,500 TBD TBD TBD TBD TBD
Lead 15 7.5 TED TBD TBD TBD TBD
Man,ganese 800(41 400 TBD TBD TBD TBD TBD
Mercurv 2 1 TBD TBD TBD TBD TBD
Molvbdenum 40 III 20 TBD TBD TBD TBD TBD
Nickel lOOP)50 TBD TBD TBD TBD TBD
Selenium 50 25 TBD TED TBD TBD TBD
Silver 100 50 TBD TED TBD TBD TBD
Thallium 2 1.0 TBD TBD TBD TBD TBD
Tid 17,000'1 )8500 TBD TBD TBD TBD TED
Uranium 30(.1)15 TBD TBD TBD TBD TBD
Vanadium GO (~)30 TBD TED TBD TBD TBD
Zinc 5,000 2,500 TBD TBD TBD TBD TBD
Radiolozics (pC/II)
Gross Alpha 15 1 7.5 I TBD I I J TBD I I I TBD I I I TED I TBD
Volatile Onzanic Comvounds (uzll)
Acetone 700 350 TBD TBD TBD TBD TBD
Benzene 5 25 TBD TBD TBD TBD TBD
2~B:l1tanone (MEK)4,000m 2000 TBD TBD TBD TBD TED
Carbon Tetrachloride 5 2.5 TBD TBD TBD TBD TBD
Chloroform'70(4)35 TBD TBD TBD TBD TBD
Chloromethane 30 (2)15 TBD TED TBD TBD TBD
Dichloromethane 5 OJ 2.5 TBD TBD TBD TBD TBD
Nanhthalene IOO111 50 TBD TBD TBD TBD TBD
Tetrahvdrofuran 46 (4l 23 TBD TBD TED TBD TBD
Toluene 1,000 500 TBD TBD TBD TBD TBD
Xylenes (total 10,000 5,000 TBD TBD TBD TBD TBO
Others
Field vH (S.U.)6.5 -8.5 TBD TBD TBD TBD TBD TBD
Fluoride (mgfl)4.0 2.0 TBD TBD TED TBD TBD
Chloride m~J)TED TBD TBD TED TBD TBD
Sulfate (m~J)TED TED TBD TBD TBD TBD
TDS (m""[)TBD TBD TBD TED TBD TBD
5
Part I
Permit No.UGW370004
Table 2 Continued.Groundwater Quality Compliance Limits (CL)
Future-Wells To Be !nsmlJcd ,-~,-
MW··29 (ClilSS 'TED)!'--1W"30 (C,ass TBO)\MWH31 «(lass TBD)
Contamimmt GWOS(J)Mean SD !(iWCL MCfln Sil GWCL I Mean SD QWeL
Nutrients (mRII)
Ammonia (as N)I 25 (~l I I I TBIl I I I TBD I I I TEll
Nicrare +Nitrite (as N)10 I TED I I TBD I TED
Heavy Metals (u II)
Arsenic 50 TED TED TED
Beryllium 4.0 TED TED TED
Cadmium 5 TED TBD TBD
Chromium 100 TBD TBD TBD
Cobalt 730m TED TED TBD
Copper 1,300 TBD TBD TBD
Iron 11,000(5)TED TBD TBD
Le'd 15 TBD TED TED
Manaanese 800(4)TBD TBD TED
Mercurv 2 TBD TED TED
Molybdenum 40"TED TED TED
Nickel 100°1 TED TBD TED
Selenium 50 TED TBD TED
Silver 100 TBD TED TED
Thallium 2.0 TBD TED TED
Tin 17,000110)TED TED TED
Uranium 30(I TED TED TBD
Vanadium 60(41 TED TBD TED
Zinc 5.000 TBD TBD TED
RadioloRics (peill)
Gross Alnha I 15 I TED I I TED I TBD
Volatile OrRanic Comvounds (u II)
Acetone 700!~)TBD TBD I
Benzene 5 TBD TBD I
2-Butanone (MEK)4,000 IZJ TBD TED I
Carbon Tetrachloride 5 TBD TBD
Chloroform 70 (4)TED TED
Chloromethane 30(2)TBD TED
Dichloromethane SOl TBD TED
Naphthalene 100 m TED TED
Tetrahvdrofuran 46 (4)TED TED
Toluene 1,000 TED TED
Xvlenes (total)10,000 TED TED
Others
Field pH (S.U.)6.5 8.5 TED TED TED
Filloride (rnwl)4.0 I TED TBD TBD
Chloride (mWl)TED TED TED
Sulfate (mg/l)TED TED TED
TDS(mdn TED TED TED
6
Part I
Pennit No.UGW370004
Footnotes:
])Utah Ground Water Quality Standards (GWQS)as defined in UAC R317-6,Table 2.Ad hoc GWQS also provided herein.as noted,and as allowed by UAC R317-6-2.2.
2)Ad hoc GWQS for ammonia (as N),molybdenum,2-Butanone (MEK),chloromethane.and naphthalene based on EPA drinking water lifetime health advisories.
3)Ad hoc GWQS for nickel,uranium,and dichlorornetlmne (methylene chloride,CAS No.75-09-2)based on final EPA drinking water maximum concentration limits (MeL).
4)Ad hoc GWQS for manganese,vanadium,acetone,chloroform (CAS No.67-66...3),and tetrahydrofuran based on drinking water ad hoc lifetime health advisories prepared by or in collaboration with EPA Region 8 staff.
5)Ad hoc GWQS for cobalt and iron based on EPA Region 3 Risk Based Concentration limits for tap water.
6)Mean concentration and standard deviation CS.D.)to be determined on a well·by-well and individual pammeter basis at some future date.
7)Ground Water Compliance Limits (GWeL)based on one ofthe following formulas:for Class fI Groundwater,GWCL=0.25 *GWQS,for Class HI Groundwater.GWCL =0.5 *GWQS.After submittal and approval of the
B<lckground Groundwater Quality Reports,required by Part tH.3 and 4 of this Pennit,the Executive Secretary will re-open and modify the Ground Water Compliance Limit CGWeL)to be equal to the mean concentration plus two
standard deviations (X+2cr)for each weU <lnd contaminant.
8)Future monitoring wells to be inst<llled in accordance with ParttH.I of this Permit.
9)TBD =to be determined after Executive Secretary approval ofthe Background Groundwater Quality Reports for existing and new monitoring wells required by Part LH.3 and J.H.4,respectively
10)Ad hoc GWQS for tin of 17,000 ugrl based on an ad-hoc drinking water lifetime health adVISOry prepared by EPA Region 8 staff (see 10127/05 EPA Region 8 memorandum by Robert Benson to Dean Henderson).
7
PaItI
Permit No.UGW370004
D.DISCHARGE M1NIMIzA110N AND BEST AV AILABI.E TECHNOLOGY STANDARDS -the taiIings
disposal facility must be built,operated,and maintained according to the following Discharge
Minimization Technology (DMT)and Best Available Technology (BAT)standards:
1.DMT Design Standards for Existing Tailings Cells I,2,and 3 -shall be based on existing
construction as described by design and construction information provided by the
Permittee,as summarized in Table 3 below for Tailings Cells 1,2,and 3:
dSD'T bl 3 DMTEae'ngmeenng eS!lm an ~pecl lcallons
Tailings Report Constmction
Cell Tvve Engineering Report Design Figures Svecifications
CellI Design June,1979 D'Appolonia Appendix A,Sheets 2,4,8,Appendix B
Consulting Engineers,Inc (I)9,12-15
Cell 2 Design June,1979 D'Appolonia Appendix A,Sheets 2,4,7-Appendix B
Consulting Engineers,Inc (I)10,12-15
As-Built Febmary,1982 D'Appolonia Figures I,2,and II N/A
Consulting Engineers,Inc (2)
Cell 3 Design May,1981 D'Appolonia Sheets 2-5 AppendixB
Consulting Engineers,Inc (3)
As-Built March,1983 Energy Fuels Figures 1-4 N/A
Nuclear,Inc.(4)
Footnotes:~ppolonja Consulting Ellgineers,Inc"June,1979,"Engineers Repor:t Tailings Management System White Mesa Uranium Project
Blanding,Utah Energy Fuels Nuclear,Inc.Denver.Colorado".unpublished consultantsrepon,approximately 50 pp.,2 figures,16 sheets,2
appendices.
2)D'AppoJonia ConsultingEngineers,ble.,February,1982,"Construction Report lnitial Phase ~Tailings Mauagement System While Mesa
Uranium Project Blanding,Utah Energy Fuels Nuclear,Inc.Denver,Colorado",unpublished consultants report,approximately 7 pp.,6tables,
]3 figures,4 appendices.
3)D'Appolonia Consulting Engineers,blC.,May,1981,"Engineer's Report Second Phase Design -Cell 3 TailingsManagement System White
Mesa UraniumProjecl Blanding,Utah Energy Fuels Nuclear,Inc.Denver.Colorado",unpublished consultants report,approximately 20 pp.,1
figure,5 sheets,and 3appendices.
4)Energy Fuels Nuclear,Inc.,March,1983,"Construction Report Second Phase Tailings Management System White Mesa Uranium Project
Energy Fuels NUclear,Inc.",unpublished company report,18 pp.,3 tables,4 figures.5 appendices.
a)Tailings Cell I -consisting of the following major design elements:
I)Cross-valley Dike and EastDike -constructed on the south side ofthe pond of
native granular materials with a 3:1 slope,a 20-foot crest width,and a crest
elevation of about 5,620 ft above mean sea level (amsl).A dike of similar design
was constructed on the east margin ofthe pond,which forms a continuous earthen
structure with the south dike.The remaining interior slopes are cut-slopes at 3:1
grade.
2)Liner System -inclUding a single 30 mil PVC flexible membrane liner (PML)
constructed ofsolvent welded seams on a prepared sub-base.Top elevation of the
}"ML liner was 5,618.5 ft arnsl on both the south dike and the north cut-slope.A
protective soil cover layer was constructed immediately over the FML with a
thickness of 12-inches on the cell floor and 18-inches on the interior sideslope.
3)Crushed Sandstone Underlay -immediately below the F.ML a nominal 6-inch
thick layer ofcrushed sandstone was prepared and rolled smooth as a PML sub-
base layer.Beneath this underlay,native sandstone and other foundation
materials were graded to drain to a single low point near the upstream toe of the
south cross-valley dike.Inside this layer,an east-west oriented pipe was installed
8
Part I
Permit No.UGW370004
to gather fluids at the upstream toe of the cross-valley dike.
b)Tailings Cell 2 -which consists of the following major design elements:
1)Cross-valley Dike -constructed at the south margin of Cell 2 ofnative granular
materials with a 3:1 slope,a 20-foot erest width,and crest elevation of about
5,615 It amsl.The east and west intelior slopes consist of cut-slopes with a 3:1
grade.The Cell 1 south dike fonns the north margin of Cell 2,with a crest
elevation of 5,620 ft amsl.
2)Liner System -includes a single 30 mil PVC FMLliner constructed of solvent
welded seams on a prepared sub-base,and overlain by a slimes drain collection
system.Top elevation ofthe FML liner in Cell 2 is 5,615.0 ft and 5,613.5 It ams]
on the north and south dikes,respectively.Said Cell 2 FML liner is independent
of all other disposal ce]]FML liners.Immediately above the FML,a nominal 12-
inch (ce]]floor)to 18-inch (inside sideslope)soil protective blanket was
constructed ofnative sands from ou-site excavated soils.
3)Crushed Sandstone Underlay -immediately below the FML a nominal6-inch
thick layer of crushed sandstone was prepared and rolled smooth as a FML sub-
base layer.Beneath this underlay,native sandstone and other foundation
materials were graded to drain to a single low point near the upstream toe of the
south cross-va]]ey dike.Inside this layer,an east-west Oliented pipe was insta]]ed
to gather fluids at the upstream toe ofthe cross-valley dike.
4)Slimes Drain Collection System immediately above the FML a nominal 12-inch
thick protective blanket layer was constructed ofnative silty-sandy soil.On top of
this protective blanket,a network of 1.5-inch PVC pClforated pipe laterals was
installed on a grid spacing interval of about 50-feet.These pipe laterals gravity
drain to a 3-inch diameter peJforated PVC collector pipe which also drains toward
the south dike and is accessed'from the ground sUlface via a 24-inch diameter,
vertical non-perforated HDPE access pipe.Each run of lateral drainpipe and
collector piping was covered with a 12 to 18-inch thick benn of native granular
filter materia!.At cell closure,leachate head inside the pipe network will be
removed via a submersible pump installed inside the 24-inch diameter HDPE
access pipe.
c)Tailings Ce]]3 -consisting of the following major design elements:
1)Cross-valley Dike -constructed at the south margin of Cell 3 ofnative granular
materials with a 3:1 slope,a 20-foot crest width,and a crest elevation of 5,610 It
ams!.The east and west interior slopes consist of cut-slopes with a 3:1 grade.
The Cell 2 south dike fonns the north margin of Ce]]3,with a crest elevation of
5,615 It amsl.
2)Liner System -includes a single 30 mil PVC FML liner constructed ofsolvent
welded seams on a prepared sub-base,and overlain by a slimes drain collection
system.Top elevation ofthe FML liner in Cell 3 is 5,613.5 ft and 5,608.5 ft amsl
on the north and south dikes,respectively.Said Cell 3 FML lineris independent
of all other disposal cell FML liners.
3)Crushed Sandstone Underlay··immediately below the FML a nominal 6-inch
9
Part I
Permit No.UGW370004
thick layer ofcrushed sandstone was prepared and rolled smooth as a FML sub-
base layer.Beneath this underlay,native sandstone and other foundation
mateJials were graded to drain to a single low point near the upstream toe of the
south cross-valley dike.Inside this layer,an east-west OIiented pipe was installed
to gather fluids at the upstream toe of the cross-valley dike.
4)Slimes Drain Collection Layer and System -immediately above the FML,a
nominal 12-inch (cell floor)to I8-inch (inside sideslope)soil protective blanket
was constructed ofnative sands from on-site excavated soils (70%)and dewatered
and cyclone separated tailings sands from the mill (30%).On top ofthis
protective blanket,a network of 3-inch PVC perforated pipe laterals was installed
on approximately 50-foot centers.This pipe network gravity drains to a 3-inch
pelforated PVC collector pipe which also drains toward the south dike,where it is
accessed from the ground surface by a 12-inch diameter,inclined HDPE access
pipe.Each run ofthe 3-inch lateral drainpipe and collector pipe was covered with
a l2 to I8-inch thick berm of native granular filter media.At cell closure,
leachate head inside the pipe network will be removed via a submersible pump
installed inside the I2-inch diameter inclined access pipe.
2.EXisting Tailings Cell Construction Authorized -tailings disposal in existing Tailings
Cells I,2,and 3 is authOlized by this permit as defined in Table 3 and Part J.D.I,above.
AuthoJized operation and maximum disposal capacity in each ofthe existing tailings cells
shall not exceed the levels authorized by the License.Under no circumstances shall the
freeboard be less than three (3)feet,as measured from the top of the FML.Any
modification by the Permittee to any approved engineering design parameter at these
existing tailings cells shall require prior Executive Secretary approval,modification of
this Permit,and issuance of a construction permit.
3.Existing Facility DMT PerfOimance Standards -the Permittee shall operate and maintain
celtain mill site facilities and the existing tailings disposal cells to minimize the potential
for wastewater release to groundwater and the environment,including,but not limited to
the following additional DMT compliance measures:
a)DMT Monitoring Wells at Tailings Cell 1 -at all times the Permittee shall operate and
maintain Tailings Cell 1 to prevent groundwater quality conditions in any nearby
monitoring well from exceeding any Ground Water Compliance Limit established in
Table 2 of this Permit.
b)Tailings Cells 2 and 3 -including the following performance criteria:
1)Slimes Drain Maximum Allowable Head -the Permittee shall at all times
maintain the average wastewater head in the slimes drain access pipe to be as low
as reasonably achievable (ALARA)in each tailings disposal cell,in accordance
with the currently approved DMT Monitoring Plan.Compliance shall be
achieved when the average annual wastewater recovery elevation in the slimes
drain access pipe,determined pursuant to the currently approved DMT
MonitOling Plan,meets the conditions in Equation 1,below:
10
Part I
Permit No.UGW370004
Equation 1:
[LPy +LPy-J +IEy-2 ]/[Ny +Ny-J +Ny-2]<fLPy-J +IEy-2+IE,,'3 ] / [Ny.J+Ny-2 +Ny-3 ]
Where:
IE,=Sum of all slimes drain tailings fluid elevation measurements made aJ the end'of each 90-
hour recovery test collected during the calendar year ofinterest.Hereafter.these water level
measurements are referred to as slimes drain recovery elevations (SDRE).Pursuant to the
approved DMT Monitoring Plan,these recovery tests are to beconducted monthly and the SDRE
values reported in units offeet above mean sea level (amsIJ.
IE'-l =Sum of all SDRE measurements made in the year previous to the calendar year of
interest.
IEy-2 =Sum of all SDRE measurements made in the second year previous to the calendar
year ofinterest.
lPy-3 =Sum of all SDRE measurements made in the third year previous to the calendar year
ofinterest.
Ny:::::Total number ofslimes drain 90-hour recovery tests conducted during the calendar year
of interest.
Ny_l :::::Total number ofslimes drain 90-hoUT recovery tests conducted in the year previous to the
calendar year ofinterest.
NY•2 =Total number of slimes drain 90~hour recovery tests conducted in the second year
previous to the calendar year ofinterest.
Ny_3 ~Total number ofslimes drain 90-hour recovery tests conducted jn the third year previous
to the calendar year of interest.
Prior to January 1,2011,the following values for E and N values in Equation 1
shall be based on SDRE data from the following calendar years.
Report for Source ofData B~Calendar Year for EQuation J Variables (right side)
Calendar Ey_1 !J,,-2 Ey_3 Nyo1 NY·2 Nyo3Year
r-lQ-08 2007 2007 2007 2007 2007 2007
2009 2008 2007 2007 2008 2007 2007
2010 2009 2008 2007 2009 2008 2007-
Failure to satisfy conditions in Equation I shall constitute DMT failure and non-
compliance with this Pennit.For Cell 3,this requirement shall apply after
initiation of de-watering operations.
c)Maximum Tailings Waste Solids Elevation -upon closure of any tailings cell,the
Pennittee shall ensure that the maximum elevation ofthe tailings waste solids does
not exceed the top of the FML liner.
d)DMT Monitoring Wells -at all times the Permittee shall operate and maintain
Tailings Cells 2 and 3 to prevent groundwater quality conditions in any nearby
monitoring well from exceeding any Ground Water Compliance Limit established in
Table 2 of this Pennit.
11
Part I
Permit No.UGW370004
e)Robmts Pond -the Permittee shall operate this wastewater pond so as to provide a
minimum 2-foot freeboard at all times.Under no circumstances shall the water level
in the pond exceed an elevation of 5,624 feet amsl.In the event that the wastewater
elevation exceeds this maximum level,the Permittee shall remove the excess
wastewater and place it into containment in Tailings Cell I within 72 hours of
discovery.At the time ofmill site closure,the Pennittee shall reclaim and
decommission the Roberts Pond in compliance the final Reclamation Plan approved
under the License (hereafter Reclamation Plan).
f)Feedstock Storage Area -open-air or bulk storage of all feedstock materials at the
facility awaiting min processing shall be limited to the eastern pOltion of the min site
area described in Table 4,below.Storage offeedstock materials at the facility outside
this area,shall meet the requirements in Part I.D.I 1.At the time of mill site closure,
the Pennittee shall reclaim and decommission the Feedstock Storage Area in
compliance with an approved Reclamation Plan.
Table 4 Feedstock Storage Area Coordinates (I)
Comer Northing (It)Easting (ft)
Northeast 323,595 2,580,925
Southeast 322,140 2,580,920
Southwest 322,140 2,580,420
West 1 322,815 2,580,410
West 2 323,040 2,580,085
West 3 323,120 2,580,085
West 4 323,315 2,580,285
West 5 323,415 2,579,990
Northwest 323,600 2,579,990
Footnote:1)ApprOXImate State Plane Coordmates begmnmg from the extreme northeast corner and progressing
clockwise around the feedstock area (from 6/22101 ruc Response,Attachment K,Site Topographic Map,
Revised June,2001.)
g)Mill Site Chemical Reagent Storage -for all chemical reagents stored at existing
storage facilities and held for use in the milling process,the Permittee shall provide
secondary containment to capture and contain all volumes of reagent(s)that might be
released at any individual storage area.Response to spiJJs,cleanup thereof,and
required repOlting shall comply with the provisions of an approved Emergency
Response Plan as found in an approved Stonnwater Best Management Practices Plan,
stipulated by Parts I.D.lO and 1.H.l6 of this Permit.For any new construction of
reagent storage facilities,said secondUly containment and control shall prevent any
contact ofthe spined or otherwise released reagent Or product with the ground
surface.
4.Best Available Technology Requirements for New Construction -any construction,
modification,or operation of new waste or wastewater disposal,treatment,or storage
facilities shall require submittal of engineering design plans and specifications,and prior
Executive Secretary review and approval.All engineering plans or specifications
submitted shall demonstrate compliance with all Best Available Technology (BAT)
requirements stipulated by the Utah Ground Water Quality Protection Regulations (UAC
R317-6).Upon Executive Secretary approval this Permit may be re-opened and modified
to include any necessary requirements.
12
Part I
Pelmit No.UGW370004
5.BAT Design Standards for Tailings CeJ]4A -the BAT design standard for Tailings CeJ]4A
shaJ]be defined by and construction conform to the requirements of the June 25,2007
Executive Secretary design approval letter for the relining of fonner existing Tailings Cell
No.4A,and as summarized by the engineering drawings,specifications,and description in
Table 5,below:
d S ·fiD·C 1I 4AE .dT TTbl5 Aae'Pprove aJ lDgS e ngmeenng eSlgn an >peCl lCallons
Engineerin Drawinl!s
Name Date Revision Tille
No.
Sheet 1 of7 June,2007 Title Sheet
Sheet 2 of?June 15,2007 Rev.1 SitePJan
Sheet 3 of7 June 15,2007 Rev.I Base Grading Plan
Sheet 4 of7 June 15,2007 Rev.1 Pipe Layout Plan
Sheet 5 of?June 15,2007 Rev.1 Lining Svstem Details I
Sheet 6 of?June 15,2007 Rcv.l Lining Svstem Details IT
Sheet 7 of 7 June 15,2007 Rev.1 Lining System Details ill
EUj(ineering Specifications
Date Document Title Prepared by
Junc,2007 Revised Technical Specifications for the Geosyntec Consultants
Construction of CeJ]4A Lining System
June,2007 Revised Construction Quality Assurance Plan Geosyntec Consultants
for the Construction of Cell4A Lining Systcm
March 27,2007 Revised Geosynthetic Clay Liner Hydration Geosyntec Consultants
Demonstration Work Plan (1)
November 27,2006 Cell Seismic Study (2)MFG Consulting
Scientists and Engineers
October 6,2006 Calculation of Action Leakage Rate Through Geosyntec Consultants
the Leakage Detection System Underlying a
Geomembrane Liner
June 22,2006 Slope Stability Analysis Cell 4A -Interim Geosyntec Consultants
Conditions
June 23,2006 Settlement Evaluation of Berms (2)Geosyntec Consultants
August 22,2006 Pipe Strength Calculations Geosyntec Consultants
September 27,2007 DMC CeJ]4A -GCL Hydration Geosyntec Consultants
r·ootnoles.
l)As qualified by conditions found in May 2,2007 Division ofRadiation Control Jelter.
2)As clarified by February 8,2007 Division of Radiation Control Round 6 Interrogatory.
Tailings CeJ]4A Design and Construction -approved by thcExecuti ve Secretary wilJ consist
of the following major elements:
a)Dikes -consisting of existing earthen embankments of compacted soil,constructed by
the Pennittee between 1989-1990,and composed offour dikes,each including a IS-foot
wide road at the top (minimum).On the north,east,and south margins these dikes have
slopes of 3H to 1V.The west dike has an interior slope of 2H to IV.Width of these
dikes varies,Each has a minimum crest width of at least 15 feet to support an access
13
Part I
Pennit No.UGW370004
road.Base width also varies from 89-feet on the east dike (with no exterior
embankment),to 211-feet at the west dike.
b)Foundation -including existing subgrade soils over bedrock materials.Foundation
preparation included excavation and removal of contaminated soils,compaction of
imported soils to a maximum dry density of90%.Floor ofCe1l4A has an average slope
of 1%that grades from the northeast to the southwest corners.
c)Tailings Capacity -the floor and inside slopes of Ce1l4A encompass about 40 acres and
have a maximum capacity ofabout 1.6 million cubic yards oftailings material storage (as
measured below the required 3-foot freeboard).
d)Liner and Leak Detection Systems -including the following layers,in descending order:
1)Primary Flexible Membrane Liner (FML)-consisting of impenneable 60 mil high
density polyethylene (HDPE)membrane that extends across both the entire cell floor
and the inside side-slopes,and is anchored in a trench at the top of the dikes on all
four sides.The primary FML will be in direct physical contact with the tailings
material over most of the Cell 4A floor area.In other locations,the plimary FML
will be in contact with the slimes drain collection system (discussed below).
2)Leak Detection System -includes a penneable HDPE geonet fabric that extends
across the entire area under the primary FML in Cell 4A,and drains to a leak
detection sump in the southwest corner.Access to the leak detection sump is via an
18-inch inside diameter (ill)PVC pipe placed down the inside slope,located between
the primary and secondaryFML liners.At its base this pipe will be surrounded with
a gravel filter set in the leak detection sump,having dimensions of10 feet by 10 feet
by 2 feet deep.In turn,the gravel filter layer will be enclosed in an envelope of
geotextile fabric.The purpose ofboth the gravel and geotextile fablic is to serve as a
filter.
3)Secondary FM.L -consisting of an impelmeable 60-mil HDPE membrane found
immediately below the leak detection geonet.Said FMI..also extends across the
entire Ce1l4A floor,up the inside side-slopes and is also anchored in a trench at the
top of all four dikes.
4)Geosynthetic Clay Liner -consisting of a manufactured geosynthetic clay liner
(GCL)composed of0.2-inch oflow penneability bentonite clay centered and stitched
between two layers of geotextile.Prior to disposal ofany wastewater in CeIl4A,the
Pennittee shall demonstratethat the GCL has achieved a moisture content ofat least
50%by weight.This item is a revised requirement per DRC letter to DUSA dated
September 28,2007
e)Slimes Drain Collection System -including a two-pmt system of strip drains and
pelforated eollection pipes both installed immediately above the primary FML,as
follows:
1)Horizontal Strip Drain System -is installed in a herringbone pattern across the floor
of Cell 4A that drain to a "backbonc"of perforated collection pipes.These strip
drains are made of a prefabrieated two-paIt geo-composite drain material (solid
polymer drainage strip)core sUlTounded by an envelope of non-woven geotextiJe
filter fablic.The suip drains are placed immediately over the primary FML on 50-
14
Part I
Permit No.UGW370004
foot centers,where theyconduct tluids downgradient in a southwesterly direction to a
physical and hydraulic connection to the perforated slimes drain collection pipe.A
series ofcontinuous sand bags,filled with filter sand coverthe strip drains.The sand
bags are composed of a woven polyester fabric filled with well graded filter sand to
protect the drainage system from plugging.
2)Horizontal Slimes Drain Collection Pipe System -includes a "backbone"piping
system of4-inch ID Schedule40 perforated PVC slimes drain coIlection (SDC)pipe
found at the downgradient end ofthe strip drain lines.This pipeis in turn overlain by
a benn of gravel that lUns the entire diagonal length of the cell,surrounded by a
geotextile fabric cushion in immediate contact with the primary FML.In tum,the
gravel is overlain by a layer of non-woven geotextile to serve as an additional filter
material.This perforated collection pipeserves as the "backbone"to the slimes drain
system and lUns from the far northeast cornerdownhill to thefarsouthwest comerof
Ce1l4A where it joins the slimes drain access pipe.
3)Slimes Drain Access Pipe -consisting of an 18-inch ID Schedule 40 PVC pipe
placcd down the inside slope of Ce1l4A at the southwest corner,above the primary
FML.Said pipe then merges with another horizontal pipe ofequivalent diameterand
material,where it is enveloped by gravel and woven geotextile that serves as a
cushion to protect the primaryFML.A reducer connects the horizontal IS-inch pipe
with the 4-inch SDC pipe.At some future time,a pump will be set in this IS-inch
pipe and used to remove tailings wastewaters for purposesofde-watering the tailings
cell.
f)Nonh Dike Splash Pads -three 20-foot wide splash pads will beconstructed on the nonh
dike to protect the primmy FML from abrasion and scouring by tailings sluITy.These
pads will consist ofan extra layer of60 mil HDPE membrane that will be installed in the
anchor trench and placed down the inside slope of Cell 4A,from the top of the dike,
under the inlet pipe,and down the inside slope to a point 5-feet beyond the toe ofthe
slope.
g)Emergency Spillway - a concretc lined spillway will be constructed near the western
comer of the nOIth dike to allow emergency runoff from Cell 3 into Cell 4A.This
spillway will be limited to a 6-inch reinforced concrete slab set directly over the primary
FML in a 4-foot deep trapezoidal channel.No other spillway or overflow structure will
be constructed at Cell 4A.All stonnwater runoffand tailings wastewaters not retained in
Cells 2 and 3,will be managed and contained in Cell 4A,including the Probable
Maximum Precipitation and flood event.
6.BAT Performance Standards for Tailings CeIl 4A -the Pennittee shall operate and
maintain Tailings Cell 4A so as to prevent release ofwastewater to groundwater and the
environment in accordance with BAT MonitOling Operations and Maintenance Plan,as
currently approved by the Executive Secretary,pursuant to Part I.H.19.At a minimum
these pelfonnance standards shall include:
a)Leak Detection System (LDS)Maximum Allowable Daily Head -the fluid head in
the IDS shall not exceed 1foot above the lowest point in the lower membrane liner.
b)LDS Maximum Allowable Daily Leak Rate -shall not exceed 24,160 gallons/day.
15
Part I
Pennit No.UGW370004
c)Slimes Drain Monthly and Annual Average Recovery Head Criteria -after the
Pennittee initiates pumping conditions in the slimes drain layer in Cell 4A,the
Pennittee will provide continuous declining fluid heads in the slimes drain layer,in a
manner equivalent to the requirements found in Part lD.3(b).
d)Maximum Weekly Wastewater Level -under no circumstance shall the freeboard be
Jess then 3-feet in Cell 4A,as measured from the top ofthe upper FML.
7.Definition of Ila (2)Waste -for purposes of this Permit,lle.(2)waste is defined as:"
tailings or wastes produced by the extraction or concentration ofuranium or thorium from
any ore processed primarily for its source matelial content",as defined in Section Ile.(2)
of the U.S.Atomic Energy Act of 1954,as amended;which includes other process related
wastes and waste streams described by a March 7,2003 NRC letter from Paul H.Lohaus
to William J.Sinclair.
8.Closed Cell PerfOlmance Requirements -before reclamation and closure of any tailings
disposal cell,the Pennittee shall ensure that the final design,construction,and operation
of the cover system at each tailings cell will comply with all requirements of an approved
Reclamation Plan,and will for a peliod ofnot less than 200 years mcet thc following
minimum perfolmance requirements:
a)Minimize infiltration ofprecipitation or other surface water into the tailings,
including,but not limited to the radon bamer,and
b)Prevent the accumulation of leachate head within the tailings waste layer that could
rise above or over-top the maximum FML liner elevation internal to any disposal cell,
i.e.create a "bathtub"effect.
c)Ensure that groundwater quality at the compliance monitOling wells does not exceed
the Ground Water Quality Staudards or Ground Water Compliance Limits specified in
PartlC.l and Table 2 ofthis Permit.
9.Facility Reclamation Requirements -upon commencement of decommissioning,the
Pelmittee shall reclaim the mill site and all related facilities,stabilize the tailings cells,
and construct a cover system over the tailings cells in compliance with all engineering
design and specifications in an approved Reclamation Plan.The Executive Secretary
reserves the right to require modifications of the Reclamation Plan for purposes of
compliance with the Utah Ground Water Quality Protection Regulations,including but
not limited to containment and control ofcontaminants,or discharges,orpotential
discharges to Waters of the State.
10.Stonnwater Management and Spill ConU'ol Requirements -the Pelmittee will manage all
contact and non-contact stormwater and control contaminant spills at the facility in
accordance with the currently approved StOlmwater Best Management Practices Plan.
Said plan includes the following minimum provisions:
a)Protect groundwater quality or other waters ofthe state by design,construction,
andJor active operational measures that meet the requirements of the Ground Water
Quality Protection Regulations found in UAC R3 17-6-6.3(G)and R317-6-6.4(C),
b)Prevent,control and contain spills of stored reagents or other chemicals at the mill
site,
16
Part 1
Permit No.UGW370004
c)Cleanup spilJs ofstored reagents or other chemicals at the mill site immediately upon
discovery,
d)Report reagent spills or other releases at the mill site to the Executive Secretary in
accordance with UAC 19-5-114.
Reconstruetion ofstonnwater management and/or chemical reagent storage facilities,
existing at the time of original Permit issuance,may be required by the Executive
Secretary after occurrence of a mf\ior spill or catastrophic failure,pursuant to Part N.N.3
of this Permit.
11.DMT Requirements forFeedstock Matelial Stored Outside the Feedstock Storage Area-
the Permittee shall store and manage feedstock materials outside the ore storage pad in
accordance with an approved Feedstock Management Plan pursuant to Part I.H.21 of the
permit.
E.GROUND WATER COMPLIANCE AND TECHNOLOGY PERFORMANCE MONITORING -beginning
with the effective date and lasting through the tenn of this permit or as stated in an approved
closure plan,the Pennittee shall sample groundwater monitoring wells,monitor groundwater
levels,monitor water levels ofprocess solutions,and monitor and keep records of the
operation of the facility,as fo]]ows:
1.Routine Groundwater Compliance MonitOling -the Pennittee shall monitor
upgradient,lateral gradient,and downgradient ground water monitoring we]]s
completed in the shallow aquifer in the vicinity of all potential discharge sources that
could affect local groundwater conditions at the facility,as follows:
a)Ground Water Monitoring Quality Assurance Plan -all groundwater monitOling and
analysis performed under this Permit shall be conducted in aecordance with a Quality
Assurance Plan (QAP)currently approved by the Executive Secretary.Any non-
confonnance with QAP requirements in a given quarterly ground water monitOling
period will be cOlTected and reported to the Executive Secretary on or before
submittal of the next quarterly ground water monitoring report pursuant to Part LF.1
b)Quarterly Monitoring -the Pennittee shall monitor on a quarterly basis all monitOling
we]]s listed in Table 2 of this Permit where local groundwater average linear velocity
has been found by the Executive Secretary to be equal to or greater than 10 feet/year.
For purposes of this Pennit,quarterly monitoring is required at the following we]]s:
1)Upgradient Wclls:none
2)Lateral or Downgradient We]]s:MW-lJ,MW-14,MW-26 (formerly TW4-15),
and MW-32 (formerly TW4-17).
c)Semi-annual Monitoring -the Permittee shall monitor on a semi-annual basis a]]
monitoring we]]s listed in Table 2 of this Pennit where local groundwater average
linear velocity has been found by the Executive Secretmy to bc less than 10 feet/year.
Forpurposes ofthis Pennit,semi-annual monitoring is required at the following
wells:
17
Part I
Pennit No.UGW370004
I)Upgradient Wells:MW-I,MW-18,and MW-19,
2)Lateral or Downgradient Wells:MW-2,MW-3, MW-5,MW-12,MW-I5,and
MW-17,
d)Compliance Monitoring Parametcrs -all groundwater samples collected shall be
analyzed for the following parameters:
I)Field Parameters -depth to groundwater,pH,temperature,and specific
conductance.
2)Laboratory Parameters
I.GWCL Parameters -all contaminants specified in Tablc 2.
11.General Inorganics --chloride,sulfate,carbonate,bicarbonate,sodium,
potassium,magncsium,calcium,and total anions and cations.
c)Special Provisions for Groundwater Monitoring -the Pennittee shall ensurc that all
groundwater monitoring conducted and reported complies with the following
requirements:
1)Depth to Groundwater Mcasuremcnts -shall always bc madc to thc ncarcst 0.01
foot.
2)Minimum Dctection Limits -all groundwatcr quality analyses reported shall have
a minimum detection limit or repOlting limit that is less than its respective Ground
Water Compliance Limit concentration defined in Table 2.
3)Gross Alpha Counting Variance -All gross alpha analysis shall be reponed with
an errorterm.All gross alpha analysis reported with an activity equal to or greater
than the GWCL,shall have a counting variance that is cqual to or less than 20%
ofthe reponcd activity concentration.An error term may be greater than 20%of
the reponed activity concentration when the sum of the activity concentration and
enor term is less th an or equal to the GWCL.
4)All equipment used for purging and sampling of ground water shall be made of
inert matcrials.
2.Groundwater Monitoring:MonitOling Wells MW-20 and MW-22 -Starting with the ]'1
Quarter 2008 groundwater event the PelTlJittee shall implemcnt a quarterly groundwater
sampling program.Said sampling shall comply with the following Permit requirements:
a)Routine groundwater compliance monitoring requirements ofPmt IE.1
b)Well monitOling procedure requirements ofPart IE.5.
After completion of eight (8)consecutivc quarters of groundwater sampling and analysis
ofMW-20 and MW-22,the Pennittee shall submit a report that will include:1)the
groundwater quality data,and 2)calculated groundwater velocitics in thc vicinity of MW-
20 and MW-22.The said repon shall bc submitted by March 1,2010.After review of
this repon the Executive Secretary will re-open the Permit,and adjust the sampling
frequency in accordancc with criteria found in Pmt 1.E.l(b)or (c).
3.Groundwater Head MonitoJ1ng -on a quanerly basis and at the same frcqucncy as
groundwater monitoJ1ng rcquired by Part IE.l,the Permittec shall mcasure depth to
18
hut I
Permit No.UGW370004
groundwater in the following wells and/or piezometers:
a)Point of Compliance Wells -identified in Table 2 and Part IE.l of this Permit,
b)Piezometers -P-I,P-2,P-3,P-4,P-5.
c)Existing Monitoring We]]s _.MW-20 and MW-22.
d)Contaminant Investigation We]]s:any well required by the Executive Secretary as a
paIt of a contaminant investigation or groundwater conective action,and
e)Any other we]]s or piezometers required by the Executive Secretary.
4.GroundwaterMonitoring Well Design and Construction Criteria -all new groundwater
monitoring we]]s insta]]ed at the facility shall comply with the fo]]owing design and
construction criteria:
a)Located as close as practical to the contamination source,tailings cell,or other
potential origin ofgroundwater po]]ution,
b)Screened and completed in the shallow aquifer,
c)Designed and constructed in compliance with UAC R317-6-6.3(I)(6),including the
EPA RCRA Ground Water Monitoring Technical Enforcement Guidance Document,
1986,OSWER-9950.1.
d)Aquifer tested to determine local hydraulic properties,including but not limited to
hydraulic conductivity.
5.Monitoring Procedures for Wells -beginning with the date of Pennit issuance,all
monitoring shall be conducted by the Permittee in conformance with the following
procedures:
a)Sampling -grab samples sha]]be taken of the ground water,only after adequate
removal or purging of standing water within the well casing has been performed.
b)Sampling Plan -all sampling shall be conducted to ensure collection of representative
samples,and reliability and validity of groundwater monitoring data.
c)Laboratory Approval -all analyses shall be performed by a laboratory certified by the
State of Utah to perform the tests required.
d)Damage to Monitoring Wells -if any monitor well is damaged or is otherwise
rendered inadequate for its intended purpose,the Permittee shall notify theExecutive
Secretary in writing within five days of discovery.
e)Field Monitoring Equipment Calibration and Records -immediately prior to each
monitOling event,the Permittee shall calibrate all field monitoring eqUipment in
accordance with the respective manufacturer's procedures and guidelines.The
Permittee shall make and preserve on-site written records of such equipment
calibration in accordance with Part II.G and H of this Permit.Said records shall
identify the manufacturer's and model number of each piece of field equipment used
and calibration.
6.White Mesa Seep and Spring Monitoring -after approval of the plan required by Part
I.H.S,this Pennit will be modified to require annual monitoring of selected seeps or
19
PaIt I
Permit No.UGW370004
springs on White Mesa.
7.DMT Perfonnance Standard Monitoring -the Pennittee shall perfonn technology
performance monitoring in accordance with the currently approved DMT Monitoring
Plan to detennine ifDMT is effective in minimizing and eontrolling the release of
contaIninants pursuant to the provisions of Parts I.D.1 and LD.3 of this Permit,including,
but not limited to the following activities:
a)WeeklyTailings Wastewater Pool Elevation Monitoring:Cells 1 and 3 -the
Permittee shall monitor and record weekly the elevation ofwastewater in Tailings
Cells 1 and 3 to ensure compliance with the maximum wastewater elevation criteIia
mandated by Condition 10.3 of the License.Said measurements shall be made from a
wastewater level gauge orelevation survey to the nearest 0.01 foot.
b)Monthly Slimes Drain WaterLevel Monitoring:Cells 2 and 3 -the PeImittee shall
monitor and record monthly the depth to wastewater in the slimes drain access pipes
as described in the currently approved DMT Monitoring Plan at Tailings Cells 2 and 3
to determine the 90-hour fluid recovery head.For purposes of said monitoIing,the
Permittee shall at each tailings cell:
a.Designate,operate,maintain,and preserve one water level measUling point at the
centerline ofthe slimes drain access pipe that has been surveyed and certified by a
Utah licensed engineer or land surveyor.
b.Make all slimes drain recovery head (depth to fluid)measurements from the same
designated water level measuring point,and
c.Record and report all fluid depth measurements to the nemest 0.01 foot.
For Cell 3 these requirements shall apply upon initiation oftailings de-watering
operations.
c)Weekly Wastewater Level Monitoring:Roberts Pond -the Permittee shall monitor
and record weekly wastewater levels at the RobeIts Pond to determine compliance
with the DMT operations standards in Part I.D.3.Said measurements shall be made
in accordance to the currently approved DMT Monitoring Plan.
d)Weekly Feedstock Storage Area Inspection -the Pennittee shall develop a Standard
Opcrating Procedure for the License and inspect the Feedstock Storage Areas to:
I.Confirm the bulk feedstock materials are maintained within the approved
Feedstock Storage Area defined by Table 4,and
II.Verify that all alternate feedstock materials located ontside the Feedstock Area
defined in Table 4,are maintained within water-tight containers.
e)Feedstock Material Stored Outside the Feedstock Storage Area Maintenance PJan-
after Executive Secretary approval of the Feedstock Storage Area Maintenance Plan,
required by Part LH.21 ofthis Permit,the Pennittee shall immediately implement said
Plan.
8.Cell4A BAT Perfonnance Standard Monitoring -after Executive Secretary approval of
the Tailings Cell 4A Operations and Maintenance Plan,required by Part I.H.19 of this
20
Part I
Permit No.UGW370004
Pennit,the Permittee shall immediately implement all monitoring and recordkeeping
requirements therein.At a minimum,said BAT monitoring shall include:
a)Weekly Leak Detection System (iDS)Monitoring -including:
I)Leak Detection System Pumping and Monitoring Equipment -the Pennittee
shall provide continuous operation of the leak detection system pumping and
monitoring equipment,including,but not limited to,the submersible pump,
pump controller,head monitoring,and flow meter equipment approved by the
Executive Secretary.Failure of any pumping or monitoring equipment not
repaired and made fully operational within 24-hours of discovery shall
constitute failure ofBAT and a violation of this Permit.
2)Maximum Allowable Head -the Permittee shall measure the fluid head above
the lowest point on the secondary flexible membrane by the use of procedures
and equipment approved by the Executive Secretary.Under no circumstance
shall fluid head in the leakdetection system sump exceed a I-foot level above
the lowest point in the lower flexible membrane liner.The occurrence of leak
detection system fluids above this I-foot limit shall constitute failure of BAT
Technology and a viOlation ofthis Pennit.
3)Maximum Allowable DailyillS Flow Rates -the Permittee shall measure the
volume of all fluids pumped from the illS.Under no circumstances shall the
average daily LDS flow volume exceed 24,160 gallons/day.
4)3-foot Minimum Vertical Freeboard Criteria -the Pennittee shall operate and
maintain wastewater levels to provide a 3-foot Minimum ofvertical freehoard in
Tailings Cell 4A.Said measurements shall be made to the nearest 0.1 foot.
b)Slimes Drain Recovery Head Monitoring -immediately after the Pennittee initiates
pumping conditions in the Tailings Cell 4A slimes drain system,monthly recovery
head tests and fluid level measurements will be made in accordance with a plan
approved by the Executive Secretary.
9.On-site Chemicals Inventory -the Permittee shall monitor and maintain a current
inventory of all chemicals used at the facility at rates equal to or greater than 100 kg/yr.
Said inventory shall be maintained on-site,and shall include,but is not limited to:
a.Identification ofchemicals used in the milling process and the on-site laboratory,
b.Determination of volume and mass of each raw chemical currently held in storage at
the facility.
10.Tailings Cell Wastewater Quality Monitoring -on an annual basis,the Permittee shall
collect wastewater quality samples from each wastewater source at each tailings cell at the
facility,including,but not limited to:surface impounded wastewaters,and slimes drain
wastewaters.All such sampling shall be conducted in August of each calendar year in
compliance with the approved Tailings Cell Wastewater Quality Sampling Plan required by
Part LH.5 of this Pennit.The Permittee shall also provide at least a 30-day notice in
advance ofthe annual sampling event,so as to allow the Executive Secretary to collect split
samples of the various tailings cells wastewater sources.
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Part I
Pem1it No.UGW370004
1I.Groundwater Monitoring Modifications -before any modification of groundwater
monitoring or analysis procedures,methods,or equipment,the Pem1ittee must obtain
prior written approval from the Executive Secretary.
F.REPORTING REQUIREMENTS -The following reporting procedures for routine and compliance
repOlts must be met.
1.Routine Groundwater Monitoring Reports -the Permittee shall submit quarterly
monitoring reports offield and laboratory analyses of all well monitoring and samples
described in P31ts lE.1,lE.2, lE.3,lE.S,and lB.?of this Permit for Executive Secretary
review and approval.Repons shall be submitted according to the following schedule:
S h duleRMde roun water omtonng eponmg c e
Quarter Period Due Date
First January -March Juue 1
Secoud April -Juue September 1
Third July -September December 1
Fourth October -December Marcb 1
Tabl 6 G
Failure to submit the repons by the due date shall be deemed as noncompliance with this
permit.Said monitoring repons shall include,but are not limited to,the following
minimum information:
a)Field Data Sheets -or copies thereof that provide the following:well name,date and
time of well purging,date and time of well sampling,type and condition of well
pump,depth to groundwater before purging and sampling,calculated well casing
volume,volume ofwater purged before sampling,volume of water collected for
analysis,types of sample containers and preservatives.
b)Laboratory Results -or copies thereof that provide the following:date and time
sampled,date received by laboratory,and for each parameter analyzed,the following
information:laboratOIY result or concentration,units of measurement,minimum
detection limit or reporting limit,analytical method, date ofanalysis,counting enor
for radiologic analyses,total cations and anions for inorganic analysis.
c)Water Table Contour Map -which provides the location and identity of all wells
sampled that quarter,the measured groundwater elevation at each well measured in
feet above mean sea level,and isocontour lines to delineate groundwater flow
directions observed during the quarterly sampling event.
d)Quality Assurance Evaluation and Data Validation -including a written description
and findings of all quality assurance and data validation effOlts conducted by the
Permittee in compliance with the Groundwater Monitoring Quality Assurance Plan.
Said repon shall verify the accuracy and l'eliabiJity of the groundwater quality
compliance data,after evaluation of sample collection techniques and equipment,
sample handling and preservation,analytical methods used,etc.
e)Non-conformance disclosure -with each quarterly ground water monitOling report the
Pelmittee shall fully and completely disclose all non-confOlmance with requirements
ofthe currently approved QAP,mandated by Part LE.l(a)
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Part I
Pennit No.UGW370004
f)Electronic Data Files and Format -in addition to written resuJts required for every
sampling report,the Permittee shall provide an electronic copy of all laboratory
results for groundwater quality monitoring conducted.Said electronic files shall
consist of Comma Separated Values (CSV)fonnat,or as otherwise approved by the
Executive Secretary.
2.Routine DMT Perfonnance Standard Monitoring Report -the Pelmittee shall provide
quarterly monitoring reports of all DMT perfOlmance standard monitoring required by
PaIt I.E.7 of this Pelmit.DMT monitoring shall be conducted in compliance with the
currentJy approved DMT Monitoring Plan.Said monitoring reports and results shaJI be
submitted for Executive Secretary approvaJ on the schedule provided in Table 6,above.
3.Routine Cell 4A BAT PerfOlmance Standard Monitoring Reports -the Pennittee shall
provide quarterly monitoring reports of all BAT performance standard monitoring
reqUired by PaIt I E.8 of this Pennit.BAT Monitoring Cell 4A shalJ be conducted in
compliance with a pJan approved by the Executive Secretary pursuant to Part I.H.19.
Said monitoring report and resuJts shall be submitted for Executive Secretary approval on
the scheduJe provided in TabJe 6 above.At a minimum,reporting of BAT monitoring for
Cell4A will include:
a)LDS Monitoring -including:
J)Report on the operational status of the illS pumping and monitoring equipment
during the quarter,incJuding identification of any intervals of non-operational
status and repairs.
2)Measurement of the weekly fluid head at the lowest point of the secondary
membrane
3)Measurement of the volume of alJ fluids pumped from the LDS.
b)Measurement of the weekly wastewater fluids elevation in the Cell 4A to detennine
freeboard
c)Slimes Drain Recovery Head Monitoring as per the requirements ofParts LD.6)and
I.E.8(b).
4.DMT and BAT Performance Upset Reports -the Pelmittee shall report any non-
compliance with the DMT or BAT performance criteria of Part I.D in accordance with the
requirements ofPart I.G.3 ofthis Pennit.
5.Other Information -when the Permittee becomes aware of a faiJure to submit any relevant
facts in the permit application or submittaJ of incolTect information in a permit
application or in any rcport to the Executive Secretary,the Permittee shall submit such
facts or information within 10 days of discovery.
6.Groundwater Monitoring Well As-Built Reports -as-built reports for new groundwater
monitoring wells shall be submitted for Executive Secretary approval within 60 days of
23
Part I
Pennit No.UGW370004
well completion,and at a minimum will include the following infonnation:
a)Geologic Logs -that detail all soil and rock lithologies and physical properties of all
subsurface materials encountered during drilling.Said logs shall be prepared by a
Professional Geologist licensed by the State of Utah,or otherwise approved
beforehand by the Executive Secretary.
b)Well Completion Diagram -that detail all physical attributes of the well construction,
including:
1)Total depth and diameters ofboring,
2)Depth,type,diameter,and physical properties of well casing and screen,including
well screen slot size,
3)Depth intervals,type and physical properties of annular fiJterpack and seal
materials used,
4)Design,type,diameter,and construction of protective surface casing,
5)Survey coordinates prepared by a State of Utah licensed engineer or land
surveyor,including horizontal coordinates and elevation of water level measuring
point,as measured to the nearest 0.01 foot.
c)Aquifer Penneability Data -including slug test,aquifer pump test or other hydraulic
analysis to determine local aquifer hydraulic conductivity in each well.
7.White Mesa Seep and Spring Monitoring Reports -after approval of the work plan and
repOlt required by Part I.H.8,this Pennit may be modified to require annual monitoring
and repOlting of selected seeps or springs on White Mesa.
8.Chemicals Inventory Report -at the time of Pennit renewal the Permittee shall submit a
report to update the facilities chemical inventory report required by Part IE.9.Said
report shall provide all inventory infonnation gathered pursuant to Part I.E.9.
9.Tailings Cell Wastewater Quality Reports -all annual wastewater quality sampling and
analysis required by Part I.E.10 shall be reported to the Executive Secretary with the 3'd
Quarter groundwater quality report due on December I ofeach calendar year.Said report
shall include all infonnation required by Part LF.1(a),(b),(d),and (e)of this Pemlit.
10.Revised Hydrogeologic Report -pursuant to Part IV.D of this Permit,and at least 180
days prior to Permit expiration,the Permittee shall submit for Executive Secretary
approval a revised hydrogeologic report for the facility and sun-ounding area.Said report
shall provide a comprehensive update and evaluation of:
a)Local hydrogeologic conditions in the shallow aquifer,including,but not limited to:
local geologic conditions;time relationships and distribution of shallow aquifer head
measurements from facility wells and piezometers;local groundwater flow directions;
and distribution of aquifer permeability and average linear groundwater velocity
across the site,and
b)Well specific groundwater quality conditions measured at facility monitoring wells
for all groundwater monitoring parameters required by this Permit,including,but not
24
Part I
Pennit No.UGW370004
limited to:temporal contaminant concentrations and trends from each monitoring
welI;statistical tests for nonnality of each contaminant and welI,including univariate
or equivalent tests;calculation of the mean concentration and standard deviation for
each well and contaminant.
I I.Annual Slimes Drain Recovery Head Report -on or before March I of each year the
Permittee shall submit for Executive Secretary approval an annual slimes drain recovery
head report for Tailings Cells 2 and 3.Said report shalI conform to the requirements of
Part LD.3(b),LE.7(b),and IT.G of this Pelmit,and:
a)Provide the individual monthly slimes drain recovery head monitoring data for the
previous calendar year,including,but not limited to:date and time for the start and
end of recovery test,initial water level,final depth to water and recovery water level
elevation.
b)Calculate the average slimes drain recovery head for the previous calendar year.
c)Demonstrate compliance status with the requirements ofPaIt LD.3(b)and I.E.7(b)of
this Permit.
G.OUT OF COMPLIANCE STATUS
I.Accelerated Monitoring Status -is required if the concentration ofa pollutant in any
compliance monitoring sample exceeds a GWCL in Table 2 ofthe Permit;the facility
shall then:
a)Notify the Executive Secretary in writing within 30 days of receipt of data;and
b)Immediately initiate accelerated sampling of the pollutant as follows:
I)Quarterly Baseline Monitoring Wells -for wells defined hy Part I.E.l(b)the
Pennittee shalI initiate monthly monitoring,
2)Semi-annual Baseline Monitoring Wells -for wells defined by Part LE.I(c)the
Permittee shall initiate qUaIterly monitoring.
Said accelerated monitoring shall continue at the frequencies defined above until the
compliance status of the facility can be detennined by the Executive Secretary.
2.Violation of Pennit Limits -out-of-compliance status exists when:
a)The concentration of a pollutant in two consecutive samples from a compliance
monitOling point exceed:
1)A GWCL in Table 2 of this Permit,and;
2)The repOlted ground water concentration for that pollutant exceeds the mean by
two standard deviations.For purposes of this Permit,the standard deviation and
mean will be calculated using values for the ground water pollutant at each
individual compliance monitOling point or well;or
b)The concentration value ofany pollutant in two or more consecutive saInples is
statistically significantly higher than the applicable pennit limit.The statistical
significance shall be detennined using the statistical methods described in Statistical
25
Part I
Pennit No.UGW370004
Methods for Evaluating Ground Water Monitoring Data from Hazardous Waste
Facilities,Vol.53,No.196 ofthe Federal Register,Oct.11,1988.
3.Failure to Maintain DMTor BAT Required by Permit
a)Permittee to Provide Infonnation -in the event that the Permittee fails to maintain
DMT or BATor otherwise fails to meet DMT or BAT standards as required by the
permit,the Permittee shall submit to the Executive Secretary a notification and
descliption of the failure according to R317-6-6.l6(C)(1).Notification shall be given
orally within 24 hours ofthe Pennittee's discovery ofthe failure ofDMT or BAT,and
shall be followed up by written notification,including the infOimation necessary to
make a determination under R317-6-6.l6(C)(2),within five days ofthe Permittee's
discovery ofthe failure of best available technology.
b)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.
A complianee action shall not be initiated,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).
c)Affirmative Defense -in the event a compliance action is initiated against the
Permittee for violation of permit conditions relating to best available technology or
DMT,the Permittee may affirmatively defend against that action by demonstrating
the following:
1)The Permittee submitted notification according to R317-6-6.13;
2)The failure was not intentional or caused by the Pennittee's negligence,either in
action or in failure to act
3)The Permittee has taken adequate measures to meet permit conditions in a timely
manner Or has submitted to the Exeeutive Secretary,for the Exeeutive Secretary's
approval,an adequate plan and schedule for meeting permit conditions;and
4)The provisions of DCA 19-5-107 have not been violated.
4.Facility Out of Compliance Status -if the facility is out ofcompliance,the folloWing is
required:
a)The Permittee shalJ notify the Executive Secretary of the out of compliance status
within 24 hours after detection ofthat status,followed by a written notice within 5
days of the detection.
b)The Permittee shall continue accelerated sampling pursuant to PaIt I.G.I,unless the
Executive Secretary determines that other periodic sampling is appropriate,until the
facility is brought into compliance.
c)The Permittee shall prepare and submit within 30 days to the Executive Secretary a
plan and a time schedule for assessment ofthe sources,extent and potential
dispersion of the contamination,and an evaluation of potential remedial action to
restore and maintain ground water quality to insure that permit limits will not be
exceeded at the compliance monitoring point and that DMT or BAT will be
26
Part I
Pemit No.UGW370004
reestablished.
d)The Executive Secretary may require immediate implementation of the contingency
plan to be submitted pursuant to Part LH.lS,in order to regain and maintain
compliance with the permit limit standards at the compliance monitoring point or to
reestablish DMT or BAT as defined in the permit.
e)Where it is infeasible to reestablish DMT or BAT as defined in the pemit,the
Permittee may propose an altemative DMT or BAT for approval by the Executive
Secretary.
S.Accelerated Monitoring Status for New Wells -any new compliance monitoring well
installed by the Permittee after issuance of this Permit,will be designated a compliance
monitoring point,and subject to the requirements ofPart LG of this Permit,after
submittal and Executive Secretary approval of the Background Groundwater Quality
RepOlt required by Part LH.4 of this Permit.
H.COMPLIANCE SCHEDULE REQUIREMENTS.The Pelmittee wiJI comply with the schedules as
described and summarized below:
1.Installation of New Groundwater Monitoring Wells -within 30 days of issuance of this
Permit,the Pennittee shall submit a plan for the installation ofnew monitoring wells for
Executive Secretary approval.Said plan shall include the following infomation:
a)Tailings Cell 1 DMT Wells -one (1)hydraulically upgradient well and two (2)
hydraulically downgradient wells that comply with the provisions of Part LE.3 of this
Permit,and the well location map submitted by the Permittee on April 16,2004.
b)New Compliance Monitoring Wells for Tailings Cells 2 and 3 -an adequate number
and location of monitoring wells to ensure:
1)Early detection oftailings cell contamination of shallow groundwater from
Tailings Cells 2 and 3.The number and location of these wells shall conform to
the provisions ofPart LEA,and the well location map submitted by the Permittee
on Aplil16,2004,and
2)Discrete monitoring of each individual disposal cell.For Cell 2 this shall mean
installation of three (3)monitoring wells on the shared dike between Cells 2 and
3,as per the well location map submitted by the Permittee On April 16,2004.
c)New well design and construction details that comply with Prui LEA of this Pennit.
2.Revised Hydrogeologic Report -the revised hydrogeologic repOli submitted for
Executive Secretary approval shall include:
a)Monitoring well as built report for each well that complies with the information
requirements of Part LF.6.
b)Hydrogeologic data from each new well,including but not limited to:depth and
elevation of groundwater level,and aquifer test results to detennine local
permeability.
27
Part I
Permit No.UGW370004
c)Comprehensive hydrogeologic evaluation of the facility that includes both new data
collected dUling or as a result of the new monitoring we]]insta]]ation required by Part
I.R.l,and a]]existing hydrogeologic information available for the site.
d)AqUifer test results to determine local hydraUlic conductivity and other aquifer
properties at existing we]]MW-32 (formerly TW4-17).
e)Average linear groundwater velocity calculated for each well,based on we]]specific
hydraulic conductivity,hydraulic gradient,and effective aquifer porosity.
If after review of the revised hydrogeologic report,the Executive Secretary determines
that additional information is required,the Permittee shall provide all requested
information,resolve all issues identified,and re-submit the report for Executive Secretary
review and approval within a timeframe approved by the Executive Secretary.
Ifafter review of this repOlt,the Executive Secretary determines that additional
monitoring wells are required to adequately monitor the facility,the Permit will be re-
opened and modified to require all necessary improvements pursuant to Part IV.N.3.
3.Background Ground Water Quality Report:Existing Wells -the content of the
Background Ground Water Quality Report for all existing monitoring wells at the facility
shall include:
a)All available groundwater quality data for all existing monitoring wells at the facility.
b)A quality assurance evaluation and data validation of the existing and histOlic on-site
groundwater quality data that on a we]]-by-well and contaminant specific basis:
I)Identifies,justifies,and/or culls any zero concentration values reported,
2)Determines the adequacy of minimum detection limits used,particularly with
respect to the corresponding GWQS for each contaminant,
3)Adequately addresses any special statistical needs for management ofdata sets
with a large proportion of non-detectable values,
4)Detennines the adequacy of laboratory and analytical methods used,
5)Determines the consistency of laboratory units ofrepOlting,
6)Evaluates and justifies intemal consistency between specific and composite types
of groundwater quality analysis (e.g.major ions and TDS),
7)Identifies and justifies any groundwater concentration outliers,
8)Tests the selected groundwater quality data for each individual we]]and
contaminant for normality,and justifies the use of parametric or non-parametric
statistical methods for each.
c)An examination and justification of any temporal and/or spatial groundwater quality
concentration phenomena,that shall include,but are not limited to:
l)Any long term or apparently increasing contaminant concentration trends found in
any existing monitoring wells,
2)Any long term or apparentlY increasing contaminant concentration ratios observed
in existing monitoring we]]s.
28
Part I
PennitNo.UGW370004
3)Any contaminant concentrations that appear to exceed their corresponding
GWQS.
d)Detennination of descriptive statistics for each individual well and contaminant found
in Table 2 of this Pennit.
If after review ofthe report,the Executive Secretary detennines that additional
information is required,the Permittee shall provide all requested infonnation,resolve all
issues identified,and re-submit the report for Executive Secretary review and approval
within a timeframe approved by the Executive Secretery.Upon approval of this report,
the Executive Secretary will re-open this Permit and modify the Ground Water
Compliance Limits in Table 2,above to account for natural variations in groundwater
quality,not caused by current or historic operations at the facility.
4.Background Groundwater Quality Report:New Monitoring Wells -the content of the
Background Groundwatcr Quality Report for the new monitoring wells shall comply with
the information requirements ofPart I.H.3 ofthi s Permit.
Ifafter review of the repOlt,the Executive Secretary detennines that additional
information is required,the Pennittee shall provide all requested infonnation,resolve all
issues identified,and re-submit the report for Executi ve Secretary review and approval
within a timeframe approved by the Executive Secretary.After approval of this report,
the Executive Secretary will re-open this Permit and establish Groundwater Compliance
Limits in Table 2 for the new monitOling wells.
5.Tailings Cells Wastewater Quality Sampling Plan-the purpose ofthis plan and
associated report shall be to characterize the source term quality of all tailings cell
wastewaters,including,but not limited to:impounded wastewaters or process waters in
the tailings cells,and wastewater or leachates collected by internal slimes drains.Said
plan shalJ include,but is not limited to:
a)ColJcction of samples from each wastewater source at each tailings cell,including
wastewater impoundments,slimes drains,etc.
b)Complete analysis for both field and laboratory parameters required by Part I.E.l(d),
and all detectable volatile organic contaminants by EPA Method 8260B.
c)Detailed description of all sampling methods and sample preservation techniques to
be employed.
d)Use of standardized analytical methods.
e)Analysis by a State of Utah certified environmental laboratory.
f)30 day advance notice of each annual sampling event to allow the Executive Secretary
to collect split samples of all tailings cell wastewater sources.
If after review of the plan,the Exccutive Secretary detennines that additional infonnation
is required,the Permittee shall provide all requested infonnation,resolve all issues
identified,and re-submit the plan for Executive Secretary review and approval within a
timeframe approved by the Executive Secretary.After approval of the plan,the Permittee
shall implement the plan pursuant to the requirements ofParts LE.lO and LF.9.After
approval of this plan,the Executive Secretary may re-open and modify this Pennit to
29
Part 1
Permit No.UGW370004
incorporate the provisions of the approved plan.
6.Monitoring Well Remedial Action and Report -on or before,May 1,2008 the Permittee
shall complete the following remedial activities for selected monitoring wells at the
facility:
a)Well Development -the Pennittee shall develop the following wells at the facility so
that they produce clear groundwater,including wells:MW-S,MW-ll,MW-18,MW-
19,MW-20, MW-22,and TW4-16.Said well development will ensure that
groundwater clarity conforms to the EPA RCRA TEGD requirements found in Part
l.E.4(c)of this Pennit to the extent reasonably achievable.
b)Protective Surface Casing:MW-3A -the Permittee shall install a steel surface
casing to protect the cunently exposed PVC well casing at well MW-3A in order to:
1)Allow ready water level measurement at the well,
2)Not interfere or disturb the existing water level measuring point,and
3)Provide security and control access to the well.
c)Report -the Pennittee shall submit a repOlt for Executive Secretary approval that
documents well development and completion activities required by Part LH.6(a)and
(b)of this Permit.
7.Monitoring Well MW-3 Verification,Retrofit,or Reconstruction Report -The Permittee
must:
1)Complete well MW-3A with a permanent slJlt'ace well completion according
to EPA RCRA TEGD,and Part LH.6(b)of this Pennit,and
2)Complete a survey of MW-3A by a State ofUtah licensed engineer or land
surveyor to meet requirements of Part l.F.6(b)(5)of the Permit,including
horizontal coordinates (state plan)and the elevation ofboth the ground
surface and the water level measuring point,and report the results there of in
accordance with PaIt I.H.6(c).
In the event that the Executive Secretary determines the MW-3 well screen has been
inadequately constructed,the Permittee shall replace monitoIing well MW-3 with well
MW-3A within 30 days of wIitten notice.
8.White Mesa Seeps and SpIings Sampling Work Plan and RepOlt -the Permittee shall
implement a plan of groundwater sampling and analysis of all seeps and springs found
downgradient orlateral gradient from the tailings cells on White Mesa.Said plan shall
include,but is not limited to:
a)Location of all seeps and spIings to be sampled,including maps and surveyed
coordinates (physical location,and elevation),
b)Detailed description of sampling methods and equipment,
c)Determination of field parameters or measurements that will be made,
30
Part I
Permit No.UGW370004
d)Description of sample preservation methods,
e)Determination of the laboratory analytical methods and the environmcntal laboratory
that will perform the analysis.
f)Sampling and analysis of all ground water compliance parameters found on Table 2 of
this Permit,including analysis of volatile and semi-volatile organic compounds by
EPA SW-846 methods 8260 and 8270.
If after review ofthe plan,the Executive Secretary detennines that additional infonnation
is required,the Pennittee shall provide all requested information,resolve all issues
identified,and re-submit the plan for Executive Secretary review and approval within a
timeframe approved by the Executive Secretary.Immediately after approval of the plan,
the Permittee shall complete said sampling and analysis,and submit a report for
Executive Secretar)'approval.Said report shall:I)document the sampling project,2)
transmit copies of all field measurements and laboratOI)'results,3)provide a water table
contour map that includes water table elevations of all the wells at the facility and the
elevations of the phreatic surfaces observed at each of the seeps and splings sampled,and
4)provide an evaluation and interpretation ofthe groundwater quality data collected.The
Pennittee shall also provide at least IS days notice to allow the Executive Secretary to
collect split groundwater quality samples of the seeps and springs.
9.On-site Chemicals Inventol)'Repolt -the Pennittee shall complete a historical review,
and conduct an inventory of all chemical compounds or reagents stored,used,or currently
in use at the facility.Said report shall include:
a)Identification of all chemicals used in the milling and milling related processes at
White Mesa.
b)Determination ofthe total volumes currently in use and historically used,as data is
available
At the time ofPermit renewal,the Permittee shall submit an updated inventory report
pursuant to Part LF.8.
10.Infiltration and Contaminant Transport Modeling Work Plan and Repolt -the Permittee
shall submit for Executive Secretary approval an infiltration and contaminant transport
modeling report that demonstrates the long-term ability of the tailings cells cover system
to adequately contain and control tailings contaminants and protect nearby groundwater
quality of the uppelmost aquifer.Said report shall demonstrate how the tailings cell
engineering design and spccifications will comply with the minimum performance
requirements of Part LD.6 of this Pennit.The Permittee shall submit an infiltration and
contaminant modeling for Executive Secretary approval,that:
a)Identifies all applicable and pertinent historic studies and modeling reports relevant to
tailings cell cover design and tailings cell system performance.
b)Detennines and justifies all infonnation necessary for infiltration and contaminant
transport modeling,including but not limited to representative input values for vadose
zone and aquifer soil-water partitioning (K d)coefficients,tailings source term
concentrations,tailings waste leach rates,vadose zone and aquifer groundwater
velocities,vadose zone and aquifer dispersivity,contaminant half-life Or other rates of
31
Part 1
Pennit No.UGW370004
decay,etc.In the event that any required information is not currently available,the
Pennittee may select conservative assumptions for use in the required infiltration and
contaminant transport models.
c)Identifies and adequately desctibes all computer models used to simulate long-tenn
performance of the tailings cells cover system.All predictive models used shall be
publicly available computer codes that adequately represent field characteristics and
physical processes at the tailings disposal site.Said desetiption will also include
specific infonnation on model design,including,but not limited to:governing
equations and their applicability to site conditions,grid design,duration of simulation,
and selection oftime steps.
d)Determines the conceptual model used and justifies why it is representative or
conservative ofactual field conditions at the site.Said conceptual model will identify
the physical domain(s)and geometties simulated including the tailings cell design and
construction,all boundary and initial conditions assigned in the model(s),and the
shallow aquifer locations where future potential contaminant concentrations have
been predicted.
e)Justifies how the infiltration and contaminant transport problem has been adequately
conceptualized,planned,and executed to demonstrate compliance with the
requirements of Part LD.6 of this Pennit.
f)Provides,deSClibes andjustifies the following:
1)Model Results -including electronic input and output files from all infiltration,
groundwater flow and contaminant transport models used the report.
2)Model Calibration -including desctiption of results and efforts used to
demonstrate how the model adequately reproduced field measured heads,flows,
and contaminant concentrations.
3)Steady State Conditions -including a demonstration that the models achieved a
steady state condition dUJing the simulation.This includes,but is not limited to
disclosUJ'e,evaluation and justification of water and mass balance error values
reported by the models.
4)Sensitivity Analyses -including description of various model simulations run and
evaluated to define the range of model uncertainty.Such uncertainty includes,but
is not limited to:boundary and initial conditions,model input values,and spatial
and temporal distribution of model parameters used in the problem domain.
S)Post-model Audit Plan -including plans to revisit the modeling effort at some
future time to re-assess its ability to represent site characteristics and predict long-
telm perfonnance of tailings cell design and construction,and groundwater
protection.
The Permittee shall complete all modeling in accordance with the requirements ofPart
LH.l0 and submit a final report for Executive Secretary approval.In the final report,the
Permittee may include supplemental infonnation to justify modification of certain Pennit
requirements,including,but not limited to:the number and types ofgroundwater
compliance monitOJing parameters,tailings cell cover system engineering design and
construction specifications,tailings cell operational requirements,etc.In the event the
32
Pan I
Pennit No.UGW370004
Executive SecretaJy requires additional infonnation,the Permittee will provide all
requested information within a time frame approved by the Executive Secretary.Upon
Executive Secretary approval of the final infiltration and contaminant transport report,the
Reclamation Plan may be modified to accommodate necessary changes to protect public
health and the environment.
11.Plan for Evaluation ofDeep Supply WeH WW-2 -the purpose of this plan is to evaluate
the annular casing seal in water supply well WW-2,and to ensure adequate well casing
and annular seals,in compliance with the regulations ofthe Utah State Engineer (UAC
R655-4-9),with special emphasis on creating both a physical barrier and hydraulic
isolation between the shallow unconfined and the deep confined aquifers.Prior to
Executive Secretary approval of this plan the Permittee shall resolve all issues within a
timeframe approved by the Executive Secretary.AfterExecutive Secretary approval of
the plan,the Permittee shall completely execute all provisions of the plan on or before..._.....__..
decommissioning of the White Mesa miH.
12.Liner Maintenance Provisions -within 90-days of issuance of this Pennit,the Pennittee
shall submit Liner Maintenance Provisions to be incorporated into the existing DMT
MonitOling Plan for Executive SecretaJ'y approval.The purpose of said provisions shall
be for the equipment,material,training and procedures to be used for the timely detection
of any openings in the polymer liners,and the reliable repair and quality assurance testing
of any such repairs to the polymer liners for Cells 1,2 and 3 and the Roberts Pond.
13 <Reserved>
14.<Reserved>
15.Contingency Plan -within 180 days ofissuance ofthis Pennit,the Permittee shall
implement a Contingency Plan that provides a detailed list of actions the Pennittee will
take to regain compliance with Permit limits and DMT or BAT requirements defined in
PaJis I.C and I.D of this Permit.At a minimum,the Contingency Plan will inelude,but is
not limited to measures to resolve the following general categories ofnon-compliance:
a)Groundwater Contamination -as shown by any contaminant concentrations in
compliance monitoring weJIs that exceed their respective groundwater compliance
limit found in Part I.e.1 and Table 2 of this Pennit.
b)Mill DischaJ'ge Violations -inclUding unauthorized discharge or release of prohibited
contaminants to the tailings ceJIs,pursuant to Part I.C.2 and I.C.3;and
c)DMT and BAT Violations -which include several types of non-compliance,
including but not limited to:
1)Excess tailings cell wastewaterpool elevation above the maximum elevations
mandated by Part I.D.3;
2)Excess head in the Tailings Cells 2 and 3 slimes drain system,pursuant to Part
I.DJ and as defined by the DMTMonitoring Plan in Pmi I.H.J3;and
3)Excess elevation for tailings solids as required by Pmi I.D.3.
If after review of the plan,the Executive Secretary detennines that additional information
33
Part I
Pennit No.UGW370004
is required,the Permittee shall provide all requested infonnation,resolve all issues
identified,and re-submit the plan for Executive SecretaIy review and approval within a
timeframe approved by the Executive Secretary.
16.Revised Stonnwater Best Management Practices Plan -on or before May 15,2008,the
Pennittee shall submit for Executive Secretary review and approval,a revised Storrnwater
Best Management Practices Plan to address the effects ofTailings Cell 4A construction
and operation.Said plan shall comply with the requirements ofPart I.D.lO ofthis permit.
Upon Executive Secretary approval,the Pennittee is to immediately implement all
provisions of such plans.
17.<Reserved>
18.Repair ofMonitor Well MW-5 -on or before May 1,2008,the Pennittee shall submit an
As-Built report to document said repairs for Executive SecretaIY review and approval.
19.Cell4A BAT Monitoring,Operations and Maintenance Plan.-the Pennittee will submit
an Operations and Maintenance Plan for Cell 4A for Executive SecretaIy review and
approval.Commencement ofwastewater or tailings discharge to Cell4A is prohibited
without prior written approval from the Executive SecretaI·y.Said Plan shall include
requirements in PaIt F.3 of the Pennit and inclUde,but is not limited to the following:
a.Operation and Maintenance Procedures -including operational sequences,
transporting methods,equipment operation I maintenance,safety and emergency
procedures,
b.Operation,Maintenance,Monitoring,and Recordkeeping -for evaluation ofthe
following in accordance with the requirements of PaIts I.D.6,IE.8,and LF.8:
i.Leak detection system -including operational status of equipment,daily
wastewater head,daily flow rates,etc.
lI.Slimes drainage system -including operational status ofequipment,daily flow
rates,monthly wastewater recovery head monitoring,etc,
c.Freeboard limits on dikes -including monitOling and proper management and volume
inventory controls to prevent release of wastewater to the environment.
20.<Reserved>-QAP
21.Feedstock Material Stored Outside the Feedstock Storage Area Management Plan -within
30 days of issuance of this Pennit the Pennittee shall submit for Executive Secretary
review and approval a management plan for the feedstock material stored outside the
feedstock ore storage area.
22.QAP Revision -on or before APlil 30,2008 the Pennittee shall modify the QAP and
submit a revised revision for Executive Secretary review and approval.Said changes
shall require that all non -conforrnance with QAP requirements discovered in a given
quarterly ground water monitOling period will be corrected and reported to the Executive
Secretary on or before submittal of the next quarterly ground water monitoring report as
required in Part IE.1(a).
34
Part II
Pennit No.UGW370004
PART II.REPORTING REQUIREMENTS
A.REPRESENTATIVE SAMPLlNG.Samples taken in compliance with the monitoring requirements
established under Part I shall be representative of the monitored activity.
B.ANALYTICAL PROCEDURES.Water sample analysis must be conducted according to test
procedures specified under UACR317-6-6.3.l2 unless othertest procedures have been specified
in this permit.
C.PENALTIES FOR TAMPERlNG.The Act provides that any person who falsifies,tampers with,or
knowingly renders inaccurate,any monitoring device ormethod required to bemaintained under
this permit shall,upon conviction,bepunished by a fine ofnot more than $10,000 per violation,
or by imprisonment for not more than six months per violation,or by both.
D.REPORTlNG OF MONITORlNG RESULTS.MonitoIing results obtained during rep0l1ing periods
specified in the permit,shall be submitted to the Executive Secretary,Utah Division of Water
Quality at the following address no later than the date specified following the completed
reporting period:
Attention:Compliance and Monitoring Program
State ofUtah
Division of Water Quality
Department ofEnvironmental Quality
Salt Lake City,Utah 84114-4870
The quarterly due dates for reporting are:June 1,September 1,December 1,and March 1.
E.COMPLIANCE SCHEDULES.Reports of compliance or noncompliance with,or any progress
reports on interim and final requirements contained in any Compliance Schedule of this pennit
shall be submitted no later than 14 days following each schedule date.
F.ADDITIONAL MONITORlNG BY TIlE PERMITI'EE.If the pennittee monitors any pollutant more
frequently than required by this permit,using approved test procedures as specified in this
pennit,tile results ofthis monitoIing shall be includedin thecalculation and repOlting ofthe data
submitted.Such increased frequency shall also be indicated.
G.RECORDS CONTENTS.
1.Records of monitoring infonnation shall include:
a)The date,exact place,and time ofsampling,observations,or measurements:
b)The individual(s)who perfonned the sampling,observations,or measurements;
c)The date(s)and time(s)analyses were pelformed;
d)The name ofthe certified laboratory which performed the analyses;
e)The analytical techniques or methods used;and,
f)The results of such analyses.
H.RETENTION OF RECORDS.The permittee shall retain records of all monitoring information,
35
Part II
Permit No.UGW370004
ineluding all calibration and maintenance records and copies of all reports required by this
permit,and records ofall data used to complete the application forthis pennit,for a period ofat
least five years from the date ofthe sample,measurement,report orapplication.This period may
be extended by request ofthe Executive Secretary at any time.
I.NOTICE OF NONCOMPLIANCE REPORTING.
1.The permittee shall verbally repOli any noncompliance which may endanger public health or
the environment as soon as possible,but no laterthan 24 hours from the time the permittee
first became aware ofthe circumstances.The repoli shall be made to the UtahDepartment of
Environmental Quality 24 hour number,[phone],orto the Division ofWater Quality,
Ground Water Protection Section at [phone],dUring normal business hours (8:00 am
-5:00 pm Mountain Time).
2.A written submission shall also be provided to the Executive Secretary within five days of
the time that the permittee becomes aware of the circumstances.The written submission
shall contain:
a)A description ofthe noncompliance and its cause;
b)The period ofnoncompliance,including exact dates and times;
c)The estimated time noncompliance is expected to continue ifit has not been conecled;
and,
d)Steps taken or planned to reduce,eliminate,and prevent reoccunence of the
noncompliance.
3.Repolis shall be submitted to the addresses in Parl lID,Reporting of Monitoring Results.
J.OHlER NONCOMPLIANCE REPORTING.Instances of noneompliance not required to be reported
within 5 days,shall be reported at the time that monitoring reports for Part II.D are submitted.
K.INSPECTIoN AND EN1RY.The pennittee shall allow the Executive Secretary,or an authorized
representative,upon the presentation of credentials and other documents as may be required by
law,to:
1.Enter upon the Pennittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of the pennit;
2.Have access to and copy,at reasonable times,any records that must be kept under the
conditions ofthis permit;
3.Inspect at reasonable times any facilities,equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit;and,
4.Sample or monitor at reasonable times,for the purpose ofassuring permit compliance or as
otherwise authorized by the Act,any substances or parameters at any location.
36
Pmtill
Pennit No.UGW370004
PART ill.COMPLIANCE RESPONSIBILITIES
A.DUTY TO COMPLY.The pennittee must comply with all conditions ofthis pennit.Any permit
noncompliance constitutes a violation of the Act and is grounds for enforcement action;for
pennit tennination,revocation and re-issuance,ormodification;orfor denial ofa pennitrenewal
application.Thc permittee shall give advance notice to the Executive Secretary ofthe Division
ofWater Quality of any planned changes in the pennitted facility oractivity which mayresult in
noncompliance with permit requirements.
B.PENALTIES FOR VIOLATIONS OF PERMIT CONDffiONS.The Act provides that any person who
violates a permitcondition implementing provisions ofthe Act is subject to a civil penalty not to
exceed $10,000 per day of such violation.Any person who willfully or negligently violates
permit conditions is subject to a fine not exceeding $25,000 per day of violation.Any person
convicted under Section 19-5-115 of the Act a second time shall be punished by a fine not
exceeding $50,000 per day.Nothing in this pelmit shall be construed to relieve the pennittee of
the civil or criminal penalties for noncompliance.
C.NEED TO HALT OR REDUCE ACTIVITY NOT ADEFENSE.Itshall not be a defensefor a permittee in
an enforcement action that it would have been necessary to halt orreduce the permitted activity
in order to maintain compliance with the conditions of this pennit.
D.DUTY TO MmGATE.The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
E.PROPER OPERATION AND MAINTENANCE.The permittee shall at all times properly operate and
maintain all facilities and systems of treatment and control (and related appurtenances)which are
installed or used by the permittee to achieve compliance with the conditions of this pelmit.
Proper operation and maintenance also includes adequate laboratory controls and quality
assurance procedures.This provision requires the operation ofback-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of the permit.
37
Part IV
Pennit No.UGW370004
PART IV.GENERAL REQUIREMENTS
A.PLANNED CHANGES.The permittee shall give notice to the Executive Secretary as soon as
possible of any planned physical alterations or additions to the pennitted facility.Notice is
required when the alteration or addition could significantly change the nature of the facility or
increase the quantity ofpollutants discharged.
B.ANTICIPATED NONCOMPLIANCE.The permitteeshall give advance noticeofanyplannedchanges
in the pennitted facility or activity which may result in noncompliance with pcnnitrequirements.
C.PERMlT ACTIONS.This pennit may be modified,revoked and reissued,orterminated for cause.
The filing ofa request by the permittee for apermitmodification,revocation and re-issuance,or
tennination,or a notification ofplannedchanges or anticipated noncompliance,does notstayany
pennit condition.
D.Dmy TO REAPPLY.Ifthe permittee wishes to continue an activity regulated by this pennit after
the expiration date of this pennit,the pelmittee must apply for and obtain a new pennit.The
application should be submitted at least 180 days before the expiration date of this permit.
E.DUTY TO PROVIDElNFoRMATION.The pennitteeshall fumish to theExecutive Secretary,within
a reasonable time,any infonnation which the Executive Secretary may request to determine
whether cause exists for modifying,revoking and reissuing,or terminating this pennit,or to
detennine compliance with this pelmit.The permittee shall also fumish to the Executive
Secretary,upon request,copies of records required to be kept by this permit.
F.On-IER INFORMATION.When the permittee becomes aware that it failed to submit any relevant
facts in a pelmit application,or submitted incorrect infonnation in a permit application or any
report to the Executive Secretary,it shall promptly submit such facts or information.
G.SIGNATORY REQUIREMENTS.All applications,reports or information submitted to theExecutive
Secretary shall be signed and certified.
1.All permit applications shall be signed as follows:
a)For a corporation:by a responsible corporate officer;
b)For a partnership or sole proprietorship:by a general pmtner or the proprietor,
respectively.
c)For a municipality,State,Federal,orother public agency:by either a principal executive
officer or ranking elected official.
2.All reports required by the permit and otherinfonnation requested bythc Executive Secretary
shall be signed by a person described above or by a duly authorized representative of that
person.A person is a duly authorized representative only if:
a)The authorization is made in writing by a person described above and submitted to the
Executive Secretary,and,
b)The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity,such as the position of plant
38
Part IV
Permit No.UGW370004
manager,operator of a well or a well field,superintendent,position of equivalent
responsibility,or an individual or position having overall responsibility for
environmental matters for the company.(A duly authorized representative may thus be
either a named individual or any individual occupying a named position.)
3.Changes to Authorization.If an authorization under Pmt lV.G.2.is no longer accurate
because a different individual or position has responsibility for the overall operation ofthe
facility,a ncw authorization satisfyingthe requirements ofPmtIV.G.2 mustbe submitted to
the Executive Secretaryprior to ortogether with any reports,information,or applications to
be signed by an authorized representative.
4.Certification.Any person signing a document under this section shall make the following
certification:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gatherand evaluate the information submitted.Based on my
inquiry of the person or persons who manage the system,or those persons directly
responsiblefor gathering the information,the information submitted is,to the bestofmy
knowledge and belief,true,accurate,and completc.1am aware that there are significant
penalties for submitting false information,including the possibility of fine and
imprisonment for knowing violations."
H.PENALTIES FOR FALSIFICATION OF REpORTS.The Act provides that any person who knowingly
makes any false statement,representation,or certification in any record or other document
submitted or required to be maintained under this permit,including monitoring reports orrep01ts
of compliance or noncompliance shall,upon conviction be punished by a fine ofnot more than
$10,000 per violation,or by imprisonment for not more than six monthsperviolation,orby both.
1.AVAILABILITY OFREPORTS.Exceptfor data determined to be confidential by the permittee,all
reports prepared in accordance with the terms of this permit shall be available for public
inspection at the offices ofthe Executive Secretary.As mquired by the Act,permit applications,
pelmits,effluent data,and ground water quality data shall not be considered confidential.
J.PROPERTY RIGHTS.The issuance ofthis permit does not convey any property rights of any S01t,
or any exclusive privileges,nor does it authOlize any injuryto private property or any invasion of
personal rights,nor any infringement of federal,state or local laws or regulations.
K.SEVERABILITY.The provisions ofthis permit are severable,and if any provision of this permit,
or the application of any provision of this pennit to any circumstance,is held invalid,the
application of such provision to other circumstances,and the remainder ofthis pennit,shall not
be affected thereby.
L.TRANSFERS.This pennit may be automatically transfened to a new permittee if:
I.The current pennittee notifies the Executive Secretary at leasr 30 days in advance of the
proposed transfer date;
2.The notice includes a written agreement between theexisting and new permittee containing a
39
PaIt IV
Permit No.UGW370004
specific date for transfer ofpermit responsibility,coverage,and liability between them;and,
3.The Executive Secretary does not notify the existing permittee and the proposed new
permittee ofhis orherintent to modify,or revoke and reissue the permit.Ifthis notice is not
received,the transfer is effective on the date specified in the agreement mentioned in
paragraph 2 above.
M.STATE LAWS.Nothing in this pennit shall be constmed to preclude the institution of any legal
action orrelieve the permittee from anyresponsibilities,liabilities,penalties establishedpursuant
to any applicable state Jawor regulation under authority preserved by Section 19-5-115 of the
Aet.
N.REOPENER PROVISIONS.This permit may be reopened and modified (following proper
administrative proeedures)to include the appropriate limitations and compliance schedule,if
necessary,ifone or more of the following events oeeurs:
1.If new ground water standards are adopted by the Board,the permit may be reopened and
modified to extend the tenns ofthe permit orto include pollutants eovered by new standaI"ds.
The permittee may apply for a variance under the conditions outlined in R317-6-6.4(D),
2.Changes have been detennined in background ground water quality.
3.The Executive Secretary determines pennit modification is necessary to protect human health
or the environment.
40