DWQ-2025-001842

In compliance with the American Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Larene Wyss, Office of Human resources, at [phone], TDD [phone], or by email at [e-mail] at least five working days prior to the scheduled meeting.
195 North 1950 West • Salt Lake City, UT
Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870
Telephone [phone] • Fax [phone] • TDD [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

Department of Environmental Quality
Kimberly D. Shelley Executive Director DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Jill Jones Kimberly D. Shelley John K. Mackey Executive Secretary
SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
Utah Water Quality Board Meeting MASOB & Via Zoom 195 North 1950 West Salt Lake City, Ut 84116 February 26, 2025
Board Meeting Begins at 8:30 AM AGENDA Water Quality Board Meeting – Call to Order & Roll Call James Webb Minutes: Approval of Minutes for December 11, 2024 Water Quality Board Meeting James Webb
Executive Secretary Report John K. Mackey Watershed Protection: 1. Prioritization 2.0: Restoration & Protection Planning of Utah’s Waters Jodi Gardberg Wastewater Certification Program: 1. Recommendations for Appointment to the Utah Wastewater Operator Certification Council for February 1, 2025 through January 31, 2028. Tess Scheuer Rule Making: 1. Informational: Rulemaking to Address HB 453 James Harris 2. Request to initiate Rulemaking: Proposed Amendments to R317-2 Standards of Water Quality of the State & invitation for a Board Member to serve as a hearing officer for rulemaking. Jake Vander Laan Compliance & Enforcement: 1. Request Approval of Administrative Settlement Docket Nos. I22-08, I22-06 & GW23-01 for Kennecott Utah Copper LLC. Brendon Quirk, PhD Other: Public Comment Period
Page 2 February 26, 2025
Water Quality Board Agenda Meeting Adjournment James Webb Next Meeting March 26,2025 at 8:30 am MASOB & Via Zoom 195 North 1950 West Salt Lake City, Ut 84116

195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone [phone] • Fax [phone] • TDD [phone]
www.deq.utah.gov Printed on 100% recycled paper
State of Utah

Department of Environmental Quality
Kimberly D. Shelley Executive Director DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Jill Jones Kimberly D. Shelley John K. Mackey Executive Secretary SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
MINUTES
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
UTAH WATER QUALITY BOARD
MASOB OR VIA Zoom
December 11, 2024
8:30 AM

UTAH WATER QUALITY BOARD MEMBERS PRESENT
James Webb
Jill Jones
Joe Havasi
Trevor Heaton
Michelle Kaufusi
Michela Harris
Robert Fehr John Mackey
DIVISION OF WATER QUALITY STAFF MEMBERS PRESENT
Clanci Hawks
Leanna Littler-Woolf
Ken Hoffman
George Meados
Skyler Davis
Robert Beers
Emily Canton
Liz Harris
Harry Campbell
Adriana Hernandez
Samantha Heusser
Brendon Quirk
Judy Etherington
Beth Wondimu
Page 2 December 11, 2024
Water Quality Board Minutes OTHERS PRESENT & ONLINE
Soren Simonson
Daniel Hawley
Chris Palmer
Teresa Taylor Trevor Schlossnagle Pam Leach
Mr. Webb, Chair, called the Meeting to order at 8:30 AM.

ROLL CALL
Mr. Webb took roll call for the members of the Board. APPROVAL OF MINUTES OF OCTOBER 23, 2024 MEETING Motion: Joe Havasi motioned to approve the meeting minutes. Mr. Fehr seconded the motion.
The motion passed unanimously.
EXECUTIVE SECRETARY REPORT
Mr. Mackey addressed the Board with the following updates:

• Mr. Mackey informed the Board that there is a fairly brief agenda for today’s meeting, he explained
there were two action items, the request for a design advance from the Town of Hinckley, as well
as we are requesting to proceed with the public notice of the upcoming fiscal 2024 intended use
plan. Last week we had some comments from the EPA that we wanted to get addressed before we
put it before you. We have a presentation on the Town of Rockville groundwater study as it is
Board funded to help the town look at their needs for planning with respect to the septic density,
so we often fund studies like this to return to the board to let us know how it came out, so that is
the purpose of today’s presentation.
• Mr. Mackey explained to the Board that he was invited by a group of his peers’ in the water business
here in Utah to attend a three-day tour in California in to observed the Mono Lake, which is a
sailing lake that has had trouble in the past. We visited with the Mono Lake Committee, as well as
leadership from the State Water Resources in California. We also got to travel down off the bench
of the Sierras where Mono is located and went down to Owens Lake which is a dry lake as it has
our interests as to how California addresses the similar problems that we are facing now with the
Great Salt Lake. The Great Salt Lake Coordinator, Laura Vernon from Water Resources gets all
the credit for putting together a fantastic educational tour.
• Mr. Mackey touched on a Legislation item. He mentioned there are a couple of things we see on
the horizon for Water Quality, such as Water Quality Board amendments where there’s and interest
in having the Board take a role with some of our penalty enforcement settlements, sort of serving
as an arbitrator in cases where we can’t come to a settlement working between the division and the
other side. So, we have a number of questions and comments that we’re working with the authors
on.
Page 3 December 11, 2024
Water Quality Board Minutes
• Mr. Mackey informed the Board that we did receive Carly Castle’s resignation from the Board. She
was a Board member representing Non-Federal Government so traditionally that has meant cities
and counties. We are currently working on finding a replacement. I would like to see someone from
Cities or counties in a more rural part of the state to fill the position.
• Mr. Mackey informed the Board to keep an eye out for HB280 This bill modifies provisions related
to the formulation of a state water plan; 9 requires a study of the financing of water infrastructure
projects. You may find more information at https://le.utah.gov/~2024/bills/static/HB0280.html
FUNDING:
Financial Status Report: Ms. Hernandez presented the Financial Status Report to the Board as indicated
in the packet.

Town of Hinckley Design Advance: Mr. Meados presented the details of the request for the hardship
design advance as indicated in the packet.

Motion: Ms. Jones motioned that we authorize a hardship design advance in the amount of $267,000
with the special conditions recommended by staff with the idea that they can come back
and apply for a hardship grant.

Mr. Havasi seconded the motion.
The motion passed unanimously.

OTHER:
Authorization to Proceed with Public Notice of the FY2024 Intended Use Plan: Ms. Hernandez requested approval from the Board to proceed with the public notice of the 2024 IUP making is available for public review and comment as required by the EPA. Ms. Hernandez explained that we need one motion to proceed to public notice and then another motion for approval to apply for the grants at the end of the public comment period. Mr. Webb explained that the Board could approve the two items all in one motion.
Motion: Ms. Jones moved to motion to proceed to public notice of the FY2024 IUP and then approval to apply for the grants at the end of the public comment period.
Ms. Kafusi seconded the motion. The motion passed unanimously.
Final Report for Rockville Groundwater Study: Mr. Beers & Trevor Schlossnagle presented the Final Report for the Rockville Groundwater Study as indicated in the packet.
PUBLIC COMMENTS
N/A
Page 4 December 11, 2024
Water Quality Board Minutes MEETING ADJOURNMENT

Motion: Ms. Jones motioned to adjourn the meeting.
Mr. Fehr seconded the motion.

To view the full recording of the December 11, 2024 WQ Board meeting please access this link: Meeting Recording
Next Meeting
January 22, 2025
MASOB & Via Zoom
195 North 1950 West
Salt Lake City, UT 84116

Via Zoom
___________________________________
James Webb, Chair Utah Water Quality Board DWQ- 2025-001814

State of Utah

Department of
Environmental Quality

Kimberly D. Shelley Executive Director
DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Jill Jones Kimberly D. Shelley John K. Mackey Executive Secretary SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
M E M O R A N D U M TO: Water Quality Board THROUGH: John K. Mackey, P.E., Director FROM: Jodi Gardberg, Watershed Protection Section Manager DATE: February 26, 2025 SUBJECT: Prioritization 2.0: Restoration and Protection Planning of Utah’s Waters The Utah Division of Water Quality (DWQ) regularly monitors and assesses the state’s waters through its sampling efforts and partnerships with other agencies and organizations. The biennial Utah Integrated Report (IR) summarizes the assessment of the quality of the surface waters in the state and identifies waterbodies that are not supporting their beneficial uses. Waterbodies that do not meet one or more of their beneficial uses are classified as impaired in the IR and placed on the Clean Water Act (CWA) 303(d) list of impaired waters. A Total Maximum Daily Load (TMDL) water quality study is required for all waterbodies on the 303(d) impaired waterbodies list. TMDLs are restoration plans that establish scientifically based goals to limit the sources of pollutants in a waterbody. A TMDL is a quantification of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards and beneficial uses. Because of
the intense level of study required to complete a TMDL, DWQ is not able to develop TMDLs for every water listed on the 303(d) list all at once. Determining the order of TMDLs to develop requires prioritization to address the most pressing water quality challenges first. In addition to TMDLs, other complementary
planning tools can be used to achieve water quality restoration and protection goals. DWQ has prioritized Utah’s waters for water quality restoration and protection planning over the next ten
years (2024-2034). The approach and results are documented in Prioritization 2.0: Restoration and Protection Planning of Utah’s Waters. The document explains the types of restoration and protection plans that DWQ will employ and the two tools used to guide the prioritization of waterbodies for water quality restoration or protection planning: The Environmental Protection Agency’s (EPA) Recovery Potential Screening (RPS) tool; and a widely distributed stakeholder survey on the uses and threats to water quality in Utah. The restoration and protection plan that DWQ will pursue over the next ten years are listed at the end of the document. Priority watersheds for future water quality restoration and protection planning were reviewed and refined after input from staff within the Utah Department of Environmental Quality, state, federal, and local agencies, stakeholders and the general public. Jodi Gardberg will present Prioritization 2.0 at the Water Quality Board Meeting.

DWQ-2025-001576

State of Utah

Department of
Environmental Quality

Kimberly D. Shelley Executive Director
DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Jill Jones Kimberly D. Shelley John K. Mackey Executive Secretary SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
M E M O R A N D U M TO: Water Quality Board THROUGH: John K. Mackey, P.E., Director Emily Cantόn, Assistant Director Alexander Heppner, Data and Information Services Section Manager
FROM: Tessa Scheuer, Wastewater Certification Program Coordinator DATE: February 26, 2025
SUBJECT: Recommendations for Appointment to the Utah Wastewater Operator
Certification Council for February 1, 2025 through January 31, 2028
As of January 31, 2025, the terms of three members of the Utah Wastewater Operator Certification Council expire. The members with expiring terms are Giles Demke, representing wastewater management; Brian Lamar, representing certified wastewater treatment operators; and Blaine Shipley, representing certified wastewater collection operators. Other current members of the
Council include Phil Harold, Rob Jaterka, Chad Burrell, and Dr. Ben Willardson.
Recommendations for appointment to these positions were solicited from individuals and organizations in the Wastewater Sector and educational institutions. Fourteen recommendations were submitted by the deadline. Individuals are appointed for a three-year term. Council Members
may be reappointed, but they do not automatically succeed themselves. The names recommended
to the Board at this time are selected from written recommendations received by the Division of Water Quality prior to January 6, 2025. At this time, it is recommended that Spencer Parkinson, Pretreatment Director for South Valley
Water Reclamation Facility, Jonathan Gubler, Operations Supervisor at Cottonwood Improvement
District, and Matt Goodrich, Assistant Superintendent at Ash Creek Special Service District, be appointed to serve the upcoming terms representing certified wastewater treatment operators, certified wastewater collection operators, and wastewater management, respectively.
This is a request for Board approval of these three individuals for the Term of
February 1, 2025 through January 31, 2028.

U:\ENG_WQ\Jetherington\Opcert\Wwoccouncil\Appointments\2025Appts\Wwoccapptsmemo2025-2028.Docx File: WWOCC/Appointments/2025 DWQ-2025-000419

195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone [phone] • Fax [phone] • TDD [phone]
www.deq.utah.gov Printed on 100% recycled paper
State of Utah

Department of
Environmental Quality
Kimberly D. Shelley Executive Director DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Jill Jones Kimberly D. Shelley John K. Mackey Executive Secretary SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
M E M O R A N D U M
TO: Utah Water Quality Board THROUGH: John Mackey, P.E. Division Director
FROM: James Harris, Great Salt Lake Coordinator
DATE: February 26, 2025 SUBJECT: Informational: Rulemaking to Address HB 453
Background During the 2024 Utah legislative session, the legislature passed HB 453 “Great Salt Lake
Amendments”, which addresses a variety of Great Salt Lake-related agency management activities
and directives. Pertinent to water quality, the bill requires that “on or before June 1, 2025, the Division of Water Quality (DWQ), in consultation with the Division of Forestry, Fire, and State Lands, and in cooperation with the Great Salt Lake Commissioner… shall make a rule… setting a limit for the salinity of water or brine that a person may discharge into the Great Salt Lake as part
of the mineral or element extraction process.” DWQ has met with interested stakeholders and
drafted a version of the proposed rules. The draft is currently open for informal public comment until the end of February. DWQ plans to address the Board at its March meeting to review the outcome of the informal comment period and request the Board to initiate the formal rulemaking process, including a formal public comment period to begin April 1st. After observing a 30-day
comment period and addressing comments, DWQ intends to return to the Board for final approval
and adoption at the May Board meeting to meet the June 1 deadline. To meet the schedule, DWQ will need to submit the draft rule to Office of Administrative Rules (OAR) for their review by March 14th in order to publish the rule for comment by April 1st. Early
filing for publication is required to allow time for review, feedback, and corrections by OAR. Since
this action precedes the Board meeting on March 26th, DWQ is requesting that the Board approve this schedule. In the event that the Board has concerns or wants to delay publication of the rules at the March Board meeting, DWQ maintains the ability to rescind the rules before the April 1st publication date.
Page 2

Proposed Rulemaking Timeline March 26th, 2025: Request WQB to initiate formal rulemaking: April 1st, 2025: 30-day public comment period
May 28th, 2025: Request WQB to formally adopt R317-17 into rule.
Attachments: Draft R317-17: Great Salt Lake Mineral Extraction Salinity Discharge Limits (DWQ-2025-000924)

DWQ-2025-001726

R317. Environmental Quality, Water Quality. R317-17. Great Salt Lake Mineral Extraction Salinity Discharge Limits
R317-17-1. Purpose and Authority.
(1) Authority. This rule is promulgated pursuant to Section 73-33-203.
(2) Purpose. To set a limit for the salinity of water or brine that a person may discharge
into the Great Salt Lake as part of the mineral or element extraction process according to Section
73-33-203 and establish procedures to modify, revoke and reissue, or terminate any permit if
those limits are exceeded.

R317-17-2. Definitions.
The following definitions apply for purposes of this rule only:
(1) “Current salinity” means the maximum salinity level in Gilbert Bay observed within
the past 90 days, as measured and calculated in accordance with best practices developed in
consultation with the GSL Salinity Advisory Committee.
(2) “De minimis discharge” means a discharge that results in an acceptable increase in
salinity concentration, as determined in consultation with the GSL Salinity Advisory Committee.
(3) "Director" means the director of the Utah Division of Water Quality.
(4) "Discharge" means any water, substance, or pollution placed into a receiving water;
which may include any combination of treated, processed, or returned waters.
(5) "Division" means the Utah Division of Water Quality.
(6) “Emergency Trigger” means the same as defined in Subsection 65A-17-101(5)
(7) "FFSL" means the Utah Department of Natural Resources, Division of Forestry, Fire,
and State Lands.
(8) "GSL" means Great Salt Lake, and includes Gilbert Bay, Gunnison Bay, Bear River
Bay, Farmington Bay, and Transitional Waters, as defined in Section R317-2-6(6.5).
(9) "Salinity" means the amount of dissolved salts in water expressed as grams per liter
(g/L).
(10) "UPDES" means Utah Pollutant Discharge Elimination System, as defined in Rule
R317-8.

R317-17-3. Permit Discharge Limits for Salinity into Great Salt Lake
(1) If the current salinity of Gilbert Bay exceeds 150 g/L, no person, as part of the
mineral or element extraction process, may discharge water or brine into Gilbert Bay, Bear River
Bay, Farmington Bay, or the Transitional Waters associated with those bays, except as provided
in Section R317-17-3(5).
(2) If the current salinity of Gilbert Bay is below 150 g/L, a person, as part of the mineral
or element extraction process, may discharge water or brine exceeding 150 g/L salinity into
Gilbert Bay, Bear River Bay, Farmington Bay, or the Transitional Waters associated with those
bays.
(3) For discharges of water or brine into Gunnison Bay, as part of the mineral or element
extraction process, there is no limit for the maximum salinity.
(4) The Director may disallow discharges of water or brine as part of the mineral or
element extraction process, when, in consultation with the GSL Salinity Advisory Committee

and the GSL Commissioner’s office, the Director determines that discharges will cause the
salinity of Gilbert Bay to exceed 150 g/L or that the discharge will result in other unacceptable
impacts to chemistry or biota.
(5) The Director may allow a discharge into Gilbert Bay, Bear River Bay, Farmington
Bay or the Transitional Waters associated with those bays at any time if:
a) the discharge is a de minimis discharge; or
b) the discharge represents a net decrease of salt load to Gilbert Bay as a result of the
extraction process.
(6) The discharge limits for salinity specified in this section and monitoring requirements
for salinity and discharge volume will be incorporated into the discharger’s UPDES permit as
effluent limits.

R317-17-4. Compliance
(1) If a person discharges water or brine that exceeds the limit imposed under Section
R317-17-3, the Director may modify, revoke and reissue, or terminate any permit issued by the
director related to the discharge.
(2) It is a violation of the discharger’s UPDES permit to discharge water or brine that
exceeds the discharge limits for salinity identified in Section R317-17-3.
(3) In consultation with FFSL, in the case of an emergency trigger, the Director may
modify, revoke and reissue, or terminate the permit issued by the Division related to the
discharge.

195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone [phone] • Fax [phone] • TDD [phone] www.deq.utah.gov Printed on 100% recycled paper
State of Utah

Department of
Environmental Quality

Kimberly D. Shelley Executive Director
DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Jill Jones Kimberly D. Shelley John K. Mackey Executive Secretary SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
M E M O R A N D U M
TO: Utah Water Quality Board THROUGH: John Mackey, Director
FROM: Jake Vander Laan, Water Quality Standards Coordinator
DATE: February 26, 2025 SUBJECT: 1. Request to initiate rulemaking: Proposed amendments to R317-2
Standards of Water Quality of the State.
2. Invitation for board member to serve as hearing officer for rulemaking
Background
By statute (Section 19-5-104), the Board has the authority to amend Utah’s water quality standards
through the rulemaking process. Staff is requesting Board approval to initiate the rulemaking process to make three substantive changes to R317-2 Standards of Quality for Waters of the State: 1. Update the Colorado River Salinity Standards (R317-2-4) to reference the 2023 review
2. Add numeric criteria for methylmercury to the list of human health criteria in R317-2-14
Table 2.14.6 3. Add numeric criteria for the cyanotoxins: microcystins and cylindrospermopsin, for the protection of recreational uses
In conjunction with these substantive changes, the Utah Office of Administrative Rules is requiring
DWQ to make non-substantive changes to reformat all tables within R317-2 from text-based tables to MS Word tables. This reformatting will result in improved readability and usability of our water quality standards. This memo and supporting materials use current rule format to communicate the proposed substantive changes.

DWQ has thoroughly considered the water quality benefits and regulatory impacts of the proposed changes and concluded that these changes are necessary to ensure water quality protections for the beneficial uses of Utah’s waters including human health, recreation, agriculture, and aquatic life. These changes incorporate the best available science and stakeholder feedback.
Page 2

DWQ staff have discussed all proposed amendments with DWQ’s Water Quality Standards Workgroup, which includes stakeholders and cooperating agencies, and solicited and incorporated
informal feedback on the proposed amendments and implementation guidance documents from the
Workgroup. DWQ staff have also completed a draft Administrative Rule Analysis including a fiscal analysis for the proposed amendment, in Appendix 1 The draft Administrative Rule Analysis is currently undergoing Departmental review.
Upon Board approval, staff will file the proposed amendments with the Office of Administrative
Rules, notify the public and government officials, schedule a hearing, address or incorporate comments from the public and other interested parties as appropriate, and finally, return to the Board with recommendations for adoption.
A Board member is invited to volunteer to serve as a hearing officer at a public hearing to receive
comments on substantive changes. The date of the hearing is forthcoming. Staff will be present to provide administrative support and guidance for the hearing. Alternatively, the Board may designate staff to serve as the hearing officer. In either case, the Board will be apprised of all comments received.

Proposed amendments
Colorado River Salinity Standards

At UAC R317-2-4, Utah’s water quality standards incorporate by reference the Colorado River
Salinity Standards, including numeric criteria and implementation plans across seven coordinating states to reduce salinity in the Colorado Basin. These standards are important to protect both local agricultural uses within Utah and to meet national, international, and state water quality goals within the Colorado River Basin.

The Colorado River Salinity Standards include numeric criteria for salinity below Hoover Dam (NV), below Parker Dam (CA), and at Imperial Dam (CA/AZ). DWQ implements salinity effluent limits in conformance with the Colorado River Salinity Standards for permits within the Colorado River Basin within Utah under the Utah Pollution Discharge Elimination System.

These standards were reviewed by the Colorado River Basin Salinity Control Forum in 2023. Utah will update our water quality standards to reference the latest review. Because no changes were made to numeric salinity criteria or policies in the review, this update will not result in any changes to effluent limits for discharge permits.
Proposed amendment: R317-2-4. Colorado River Salinity Standards.
In addition to quality protection afforded by these rules to waters of the Colorado River and its tributaries, such waters shall be protected also by requirements of "Proposed Water Quality Standards for Salinity including Numeric Criteria and Plan of Implementation for Salinity Control, Colorado River System, June 1975" and a supplement dated August 26, 1975, entitled "Supplement,
Page 3

including Modifications to Proposed Water Quality Standards for Salinity including Numeric Criteria and Plan of Implementation for Salinity Control, Colorado River System, June 1975", as
approved by the seven Colorado River Basin States and the U.S. Environmental Protection Agency,
as updated by the 1978 Revision and the 1981, 1984, 1987, 1990, 1993, 1996, 1999, 2002, 2005, 2008, 2011, 2014, 2017,[ and] 2020, and 2023 reviews of the above documents.
Methylmercury

In 2001, the U.S. Environmental Protection Agency issued a recommended water quality criterion for methylmercury to protect human health. The recommended methylmercury criterion is based on fish and shellfish tissue because over 99% of the mercury exposures to the U.S. population are from eating fish and shellfish. The main form of mercury in fish and shellfish is methylmercury. Methylmercury is made when bacteria methylate mercury in the aquatic environment. The
recommended criterion is 0.3 mg/kg wet weight methylmercury in fish and shellfish tissues. Utah has already incorporated the recommended criterion into public health programs and currently monitors mercury concentrations in fish and issues waterbody consumption advisories when concentrations exceed 0.3 mg/kg.
DWQ has thoroughly reviewed the recommended criterion and concluded that adoption of the 0.3 mg/kg wet weight methylmercury criterion to Utah’s list of water quality criteria for human health in R317-2 Table 2.14.6 will enhance protection of human health in Utah’s waters. Adoption of the methylmercury criterion may result in new impairment determinations for waters with existing fish consumption advisories. The adoption of the methylmercury criterion is not expected to
substantially impact the UDPES permitting program because most waters affected by a consumption advisory are not impacted by permitted discharges. In addition, mercury discharges in UPDES permits are already required to comply with a stringent mercury water quality criterion of 0.000012 mg/l. A support document which includes additional details regarding the criterion and its implementation is included in Appendix 2
Proposed amendment: TABLE 2.14.6
LIST OF HUMAN HEALTH CRITERIA (CONSUMPTION) Chemical Parameter Water and Organism Organism Only and CAS # (ug/L) (ug/L)
Class 1C Class 3A,3B,3C,3D Antimony 7440-36-0 5.6 640 Arsenic 7440-38-2 A A Beryllium 7440-41-7 C C
Chromium III 16065-83-1 C C Chromium VI 18540-29-9 C C Copper 7440-50-8 1,300 Mercury 7439-97-6 A A
Page 4

Methylmercury 22967-92-6 0.3 E 0.3 E
Nickel 7440-02-0 610 4,600 Selenium 7782-49-2 170 4,200 Thallium 7440-28-0 0.24 0.47
Zinc 7440-66-6 7,400 26,000 Free Cyanide 57-12-5 4 400
[...]
FOOTNOTES: A. See Table 2.14.2
B. Based on carcinogenicity of 10-6 risk. C. EPA has not calculated a human criterion for this contaminant. However, permit authorities should address
this contaminant in NPDES permit actions using the State's existing narrative criteria for toxics
D. This standard applies to total PCBs. E. mg/kg wet weight in edible fish and shellfish tissue
Cyanotoxins: Microcystins and Cylindrospermopsin
In 2019, the U.S. Environmental Protection Agency (EPA) issued recommended water quality criteria for two cyanotoxins: microcystins and cylindrospermopsin. The recommended criteria are designed to protect the public from incidental exposure to harmful levels of these cyanotoxins while
participating in recreational water-contact activities in freshwater where immersion and incidental
ingestion of water are likely. For microcystins, the EPA recommended recreational water quality criterion value is 8 micrograms (μg)/liter (L). For cylindrospermopsin, the EPA recommended recreational water quality criterion value is 15 μg/L. Utah’s water quality standards include protections for two recreational use classes, frequent primary
contact recreation, which includes activities like swimming, rafting, kayaking, diving, and water skiing, and infrequent primary contact recreation, which includes activities like wading, fishing, and hunting. For public health protection purposes, Utah’s recreational advisory program already recommends advisory issuance at microcystin and cylindrospermopsin concentrations consistent with the recommended criteria.
DWQ has reviewed the recommendations and determined that adopting these criteria for Utah’s frequent primary contact use class will enhance protections for recreators in Utah surface waters. A support document which includes additional details regarding the criteria and implementation considerations is included in Appendix 3Adding cyanotoxin criteria will not result in any direct
impacts to permits as no permittees discharge cyanotoxins. However, water bodies not meeting recreational uses due to cyanotoxins, and HABs in general, could result in more stringent effluent limits following the development of TMDLs or site-specific nutrient criteria. Potential costs associated with these criteria are inestimable because water quality assessments are currently unknown, potential TMDL endpoints or numeric nutrient criteria would be site specific, and effluent
treatment options will be discharger specific.
Page 5

Proposed amendment:
R317-2-14. Numeric Criteria.
TABLE 2.14.1 NUMERIC CRITERIA FOR DOMESTIC, RECREATION, AND AGRICULTURAL USES
Domestic Recreation and Agri- Parameter Source Aesthetics culture 1C(1) 2A 2B 4 BACTERIOLOGICAL (30-DAY GEOMETRIC MEAN) (NO.)/100 ML) (7) E. coli 206 126 206 MAXIMUM (NO.)/100 ML) (7) E. coli 668 409 668
CYANOTOXINS (ug/L) (8) Microcystins 8 Cylindrospermopsin 15
[...] FOOTNOTES: [...]
(8) An excursion is defined as a 10-day assessment period with any toxin concentration higher than the criterion
magnitude. More than 3 excursions in a recreational season not to be exceeded in more than one year.

195 North 1950 West • Salt Lake City, UT Mailing Address: PO Box 144870 • Salt Lake City, UT 84114-4870 Telephone [phone] • Fax [phone] • TDD [phone]
www.deq.utah.gov Printed on 100% recycled paper
State of Utah

Department of Environmental Quality
Kimberly D. Shelley Executive Director DIVISION OF WATER QUALITY John K. Mackey, P.E. Director
Water Quality Board James Webb, Chair Michelle Kaufusi, Vice Chair Michela Harris Joseph Havasi Trevor Heaton Robert Fehr Jill Jones Kimberly D. Shelley John K. Mackey Executive Secretary SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
M E M O R A N D U M
TO: Water Quality Board THROUGH: John K. Mackey, P.E., Director
THROUGH: Samantha Heusser, Compliance & Enforcement Section Manager
FROM: Brendon Quirk, PhD DATE: February 26, 2025
SUBJECT: Request for Approval of Settlement Docket Nos. I21-08, I22-06, and GW23-01 for Kennecott Utah Copper LLC. The Utah Water Quality Act, Utah Code Section 19-5-104(3)(g) requires any settlement negotiated
by the Director with a civil penalty of $25,000 or more must be reviewed and approved or
disapproved by the Utah Water Quality Board (“Board”). The Division is requesting Board approval to execute a settlement with Kennecott Utah Copper LLC (“Kennecott”). Kennecott is a domestic, limited liability company doing business in Salt Lake City, Utah.
Kennecott owns, operates, and is legally responsible for the operation of the Copperton
Concentrator and associated facilities and holds a current Groundwater Discharge Permit (Permit No. UGW350017) issued by the Director on December 30, 2024. The settlement agreement addresses violations from Docket Nos. I21-08, I22-06, and GW23-01,
as well as three additional incidents, summarized here:
I21-08
• On February 6, 2021, Kennecott was responsible for a 400,000 to 450,000-gallon process
water release which discharged to an onsite stormwater pond.
I22-06
• On January 11, 2023, Kennecott was responsible for the release of approximately 26,200 gallons of process water – 3,400 gallons of which discharged to an ephemeral tributary of
Barney’s Creek.
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• On June 3, 2022, Kennecott released approximately 1.8 million gallons of tailings slurry,
covering almost 21 acres of Kennecott’s property.
GW23-01
• On March 24, 2023, Kennecott released approximately 180,000 gallons of contact water to soils near the Bingham reservoirs covering just over ¾ of an acre.
Additional Incidents
• On June 11, 2023, Kennecott released 11,632 gallons of process water that discharged to the Coon Canyon drainage and failed to report the event within 24 hours.
• On or around July 14, 2023, Kennecott released approximately 15,953 gallons of copper concentrate slurry to site soils.
• On August 16, 2023, Kennecott released approximately 7,279 gallons of tailings slurry to site soils.
In response to the above releases, the Director issued Notices of Violation and Compliance Orders (“NOV/CO”) with Docket Nos I21-08, I22-06, and GW23-01 (attached) to Kennecott on December 7, 2021, April 17, 2023, and November 9, 2023, respectively. Kennecott has timely complied with the requirement in the issued NOVs/COs including site a subsurface investigation
and cleanups. The total negotiated civil penalty is $64,000. The proposed and partially signed SCO can be accessed here.
The terms of the settlement are as follows: Total Civil Penalty $42,000.00 Administrative Cost Reimbursement to DWQ $22,600.00
Total Settlement $64,600.00 The public comment period for the proposed SCO ran from January 3, 2025, to February 3, 2025, and no comments were received.

The proposed SCO represents what the Division believes to be a fair and reasonable settlement. It is the Division’s recommendation that this settlement be granted Board approval for execution by the Director.
Attachments: I21-08 Notice of Violation and Compliance Order (DWQ-2021-030162) I22-06 Notice of Violation and Compliance Order (DWQ-2023-005334) GW23-01 Notice of Violation and Compliance Order (DWQ-2023-124287)
DWQ-2025-01582
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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY

This Notice of Violation and Compliance Order (NOV/CO) is issued to Kennecott Utah Copper LLC (Respondent) in its capacity as Operator of the Copperton Concentrator and associated facilities, based upon the Facts and Determinations asserted herein. This NOV/CO is issued by the Director of the Utah Division of Water Quality (Director)
pursuant to the Director’s authority under the Utah Water Quality Act, as amended, Utah
Code. Sections 19-5-101 to 19-5-124 (the Act). This NOV/CO is also issued in accordance with the administrative procedures of the Utah Department of Environmental Quality, Utah Administrative Code R305-7 et. seq.
A. STATUTORY AUTHORITY
1. The Director is authorized to issue, continue in effect, renew, revoke, modify or deny discharge permits and to issue orders under the Act and in accordance with Utah Code Section 19-5-106(2)(d) and may enforce rules made by the Board
through the issuance of orders.
2. The Utah Division of Water Quality (Division) was created to administer the Act under the immediate direction and control of the Director pursuant to Utah Code Section 19-1-105.

3. Pursuant to Utah Code Section 19-5-111, whenever the Director determines that there are reasonable grounds to believe that there has been a violation of the Act, the water quality rules, or any order of the Director or the Board, the Director may issue a notice of violation. In that event, the notice shall require that the matters
complained of be corrected.
4. Under Utah Administrative Code R317-6-6, the Director has the authority to protect ground water including prohibiting the discharge of pollutants into ground water, requiring a ground water discharge permit, and requiring investigations and
corrective action if a discharge occurs.
5. Utah Code Section 19-5-115 provides that any person who violates a rule or order made or issued pursuant to the Act, or any rule or order made thereunder, may be subject, in a civil proceeding, to a civil penalty of up to $10,000 per day of
In the Matter of: KENNECOTT UTAH COPPER LLC 4700 Daybreak Parkway South Jordan, Utah 84095
Permit No. UGW350017
NOTICE OF VIOLATION AND COMPLIANCE ORDER DOCKET NO. I21-08

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violation. Higher penalties and other sanctions may arise in situations amounting to knowing or willful violations.
B. APPLICABLE STATUTORY AND REGULATORY PROVISIONS 1. Utah Code Section 19-5-107(1)(a) states: “Except as provided in the [Water Quality Act] or rules made under it, it is unlawful for any person to discharge a
pollutant into waters of the state or to cause pollution which constitutes a menace
to public health and welfare, or is harmful to wildlife, fish or aquatic life, or impairs domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or cause to be placed any waste in a location where there is probable cause to believe it will cause pollution.”

2. Utah Code Section 19-5-102(22) defines “Waste” or “pollutant” as “dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial municipal,
and agricultural waste discharged into water.”
3. Utah Code Section 19-5-102(23)(a) defines “Waters of the state” as “streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface
and underground, natural or artificial, public or private, which are contained
within, flow through, or border upon this state or any portion of the state.” 4. Utah Administrative Code R317-6-6.15.A.1 states, “R317-6-6.15 shall apply to any person who discharges pollutants into ground water in violation of Section
19-5-107, or who places or causes to be placed any wastes in a location where
there is probable cause to believe they will cause pollution of ground water in violation of Section 19-5-107.” 5. Utah Administrative Code R317-6-2 Groundwater Quality Standards lists
numerical contaminant concentration levels adopted by the Board for the
protection of the subsurface waters of the State. 6. The Ground Water Quality Standard for arsenic, as stated under Utah Administrative Code R317-6-2 is 0.05 mg/L.
C. FACTS & DETERMINATIONS 1. Kennecott Utah Copper LLC (Kennecott) is a domestic company doing business in Salt Lake County, Utah. Kennecott operates the Copperton Concentrator and
associated facilities. 2. The Director issued Kennecott Groundwater Discharge Permit No. UGW350017 (Permit) for the operation of the Copperton Concentrator, and its associated
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facilities, effective December 29, 2019; the Permit expires on December 28, 2022. The Director initially issued the Permit in 2004.

3. The primary facilities associated with the Copperton Concentrator are located on the following tract of land: Township 3 South, Range 2 West (Salt Lake Base and Meridian). The Permit also covers additional components of Kennecott’s operations associated with the Copperton Concentrator, including the Process
Water Return Line 48” which is identified as a component within the Facility
pipeline corridors. 4. Part I.C. of the Permit states, “The enforceable performance standard for this permit to achieve protection of ground water quality will be to minimize release
of solids and/or fluids from the permitted facilities listed in Table 2. The permittee
is responsible for implementing and maintaining the best available technology (BAT) noted in Table 2 to minimize discharge of process fluids from the permitted facilities to ground water”. The permit requires that maintenance of this performance standard will be demonstrated by (but not limited to): 1) Adherence
to the function, inspection, and maintenance criteria in Table 2; 2) No ground
water degradation beyond permit limits as established in Table 1 and measured by compliance monitoring wells; and 3) Implementation of the Process Material, Pipeline Spill Prevention, Minimization, and Response Plan (Plan).
5. The Process Water Return Line 48” is listed in Table 2 of the Permit and is
identified as having the purpose of transporting north end process waters from PS3A South to Pump Station 3B, then on to Copperton Process Water Reservoir for reuse and recycle.
6. Table 2 of the Permit identifies the following as Best Available Technology for
the Process Water Return Line 48”: a. “The process water pipeline has a surge basin at Pump Station 3B and terminates at the inlet to the Copperton Process Water Reservoir… Spillage will be reported within 24 hrs, a five day letter prepared and
submitted to DWQ and included in the quarterly reports and corrective
action(s) implemented as appropriate.”; b. “Inspection of Cathodic Protection probes annually”; and c. “The Process Water Return Line will be operated in accordance with Appendix A attachment SOP”.

7. Utah Administrative Code R317-6-1 defines “Best Available Technology” as “the application of design, equipment, work practice, operation standard or combination thereof at a facility to effect the maximum reduction of a pollutant achievable by available processes and methods taking into account energy, public
health, environmental and economic impacts and other costs.”
8. On or around February 6, 2021, Kennecott contacted the Division to report a release of process water from the Process Water Return Line 48”. The report was
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entered into the Utah Department of Environmental Quality’s Environmental Incidents Database and assigned the number 14801.

9. On or around February 11, 2021, the Division received a written report (Report) dated February 11, 2021 from Kennecott titled, “Written Five-Day Follow up for Process Water Release from 48-Inch Process Water Pipeline, Groundwater Discharge Permit No. UGW350017 on February 6, 2021”. According to the
Report, an estimated “400-450,000 gallons” of process water was released from
the Process Water Return Line 48”, wetting an area of ground approximately 162,127 square feet. The Report states that process water “was found flowing west on the Tailings Pipeline access road” and “flowed northward across the fallow wheat field and terminated at a small water capture area built for storage of
storm water on Kennecott property”. According to the Report, the source of the
release was a crack in the pipeline which was repaired on February 7, and additional concrete protection was added on February 11, 2021. 10. The Report indicates the following samples were collected by Kennecott
representatives and submitted to Kennecott’s Environmental Lab on February 6,
2021 and February 8, 2021, respectively, for analysis: d. Sample ‘3B-01’ was collected on February 6, 2021 at the release site; and e. Sample ‘JQ-210208-W1’ was collected on February 8, 2021 from the
small storm water capture area.
11. The Report indicates Sample ‘3B-01’ contained a dissolved arsenic concentration of 0.270 mg/L and sample ‘JQ-210208-W1’ contained a dissolved arsenic concentration of 0.109 mg/L. Both samples contained arsenic concentrations
above the ground water quality standard of 0.05 mg/L. D. VIOLATIONS Based on the foregoing Kennecott Utah Copper LLC has violated the following:

1. Utah Code Section 19-5-107(1)(a) for placing waste in a location where there is probable cause to believe it will cause pollution. 2. Utah Code Section 19-5-107(3)(a) for making a discharge not authorized under an
existing valid discharge permit.
3. Permit No. UGW350017 Part I.C. for failure to achieve Best Available Technology Performance Standard.

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E. ORDER
Based on the foregoing Facts and Determinations, and Violations and pursuant to Utah
Code Sections 19-5-107 and 19-5-111, Kennecott Utah Copper LLC is hereby ORDERED to:
1. As of the date of issuance of this NOV/CO, if not already initiated, initiate all
action required to come into compliance with all applicable provisions of the Utah Water Quality Act in Utah Code Title 19 Chapter 5 and the Water Quality rules in the Utah Administrative Code, R317.
2. Cease and desist all un-permitted discharges which violate Utah Water Quality
standards. 3. Within thirty (30) calendar days of issuance of this NOV/CO, and in accordance
with Part I.H.2. of the Permit, provide the Director with a description of the down gradient monitoring wells appropriate for monitoring ground water protection levels as a result of the noncompliance. If existing monitoring wells are not adequate to monitor potential impacts resulting from the noncompliance, the permittee shall propose location(s) for installation of additional monitoring wells
for approval by the Director, based on the information below: a. Prepare a hydrologic cross section of the area using available data from existing Kennecott wells, nearby municipal wells, USGS maps, etc., including well depths and screened internals; b. Prepare a water table map based on most recent available data, any other
relevant information to support location(s) of new monitoring wells; and c. A site map showing the location(s) of proposed new wells. F. NOTICE
Kennecott Utah Copper LLC may contest this NOV/CO by filing and serving a written Request for Agency Action as provided in Utah Administrative Code R305-7-303 and R305-7-104(5). The NOV/CO is effective upon issuance (date signed) and, even if it is contested, remains effective unless a stay is issued or the NOV/CO is rescinded, vacated
or otherwise terminated.
Failure to contest this NOV/CO within the period specified in R305-7-303(5) [30 days] waives any right to contest the NOV/CO or to seek judicial review.
All reports required under this NOV/CO must be accompanied by the following
certification, which is to be signed in accordance with Utah Administrative Code R317-8-3.4(4): “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 gather and evaluate the
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information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine or imprisonment for knowing violations.”
Utah Code Section 19-5-115 provides that violation of the Water Quality Act or a related
Order may be subject to a civil penalty of up to $10,000 per day of violation. Under certain circumstances of willfulness or gross negligence, violators may be fined up to $25,000 per day of violation. Failure to comply with this NOV/CO may result in additional civil penalties or criminal fines under Utah Code Section 19-5-115.

Issued this 7th day of December, 2021.
________________________________
Erica Brown Gaddis, PhD Director, Division of Water Quality
DWQ-2021-030162
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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY

This Notice of Violation and Compliance Order (“NOV/CO”) is issued to Kennecott Utah Copper LLC (“Kennecott”) in its capacity as owner and operator of the Copperton Concentrator and associated facilities located at Township 3 South, Range 2 West (“Facility”), based upon the Facts and Determinations asserted herein. This NOV/CO is
issued by the Director of the Utah Division of Water Quality (“Director”) pursuant to the
Director’s authority under the Utah Water Quality Act, Utah Code §§ 19-5-101 to 19-5-124 (the “Act”) and the Utah Admin. Code R317-1 et. seq. (“Water Quality Rules”). This NOV/CO is also issued in accordance with the administrative procedures of the Utah Department of Environmental Quality, Utah Admin. Code R305-7 et. seq.
A. STATUTORY AUTHORITY
1. The State of Utah’s surface water quality programs as adopted in the Utah Water Quality Act by the Utah Legislature operate with federal oversight and under
delegation from the Environmental Protection Agency (“EPA”) under the federal
Clean Water Act, 33 U.S.C. 1342.
2. The Director is authorized to issue, continue in effect, renew, revoke, modify or deny discharge permits and to issue orders under the Act and in accordance with Utah Code § 19-5-106(2)(d) and may enforce rules made by the Board through the issuance of orders.
3. Under Utah Admin. Code R317-6-6, the Director has the authority to protect ground water including prohibiting the discharge of pollutants into ground water, requiring a ground water discharge permit, and requiring investigations and corrective action if a discharge occurs.

4. The Utah Division of Water Quality (“Division”) was created to administer the Act under the immediate direction and control of the Director pursuant to Utah Code § 19-1-105.
5. Pursuant to Utah Code § 19-5-111, whenever the Director determines that there are
reasonable grounds to believe that there has been a violation of the Act, the Water Quality Rules, or any order of the Director or the Water Quality Board, the Director may issue a notice of violation. In that event, the notice shall require that the matters complained of be corrected.
In the Matter of: Kennecott Utah Copper LLC Copperton Concentrator Groundwater Discharge Permit No.
UGW350017
NOTICE OF VIOLATION AND COMPLIANCE ORDER
DOCKET NO. I22-06

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6. Utah Code § 19-5-115 provides that any person who violates a rule or order made or issued pursuant to the Act, or any rule or order made thereunder, may be subject,
in a civil proceeding, to a civil penalty of up to $10,000 per day of violation. Higher
penalties and other sanctions may arise in situations amounting to knowing or willful violations. B. APPLICABLE STATUTORY AND REGULATORY PROVISIONS

1. Utah Code § 19-5-107(1)(a) states: “Except as provided in [the Act] or [Water Quality Rules] made under it, it is unlawful for any person to discharge a pollutant into waters of the state or to cause pollution which constitutes a menace to public health and welfare, or is harmful to wildlife, fish or aquatic life, or impairs
domestic, agricultural, industrial, recreational, or other beneficial uses of water, or
to place or cause to be placed any waste in a location where there is probable cause to believe it will cause pollution.” 2. Utah Code § 19-5-107(3)(a) states: “It is unlawful for any person, without first
securing a permit from the director, to: make any discharge or manage sewage
sludge not authorized under an existing valid discharge permit.” 3. Utah Code § 19-5-102(22) defines “Waste” or “pollutant” as “dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.” 4. Utah Code § 19-5-102(23)(a) defines “Waters of the state” as “streams, lakes,
ponds, marshes, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, that are contained within, flow through, or border upon this state or any portion of the state.”
5. Utah Admin. Code R317-2-7.2 provides Narrative Standards for waters of the State
and states, “It shall be unlawful, and a violation of these rules, for any person to discharge or place any waste or other substances in such a way as will be or may become offensive such as unnatural deposits, floating debris, oil, scum or other nuisances such as color, odor or taste…”.
C. FACTS & DETERMINATIONS 1. Kennecott is a domestic Limited Liability Company doing business in Salt Lake City, Utah. Kennecott owns and operates the Facility, including the Tailings Lines
(identified as a component within the Facility pipeline corridors) and H1A Box
with associated pipelines, located on the following tract of land: Township 3 South, Range 2 West (Salt Lake Base and Meridian).
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2. The Director issued Groundwater Discharge Permit No. UGW350017 (“Permit”) to Kennecott for the operation of the Facility on December 29, 2017; the Permit
expired on December 28, 2022. A permit renewal application was received by the
Division as required by Permit part IV.D. and as such, the Permit has been administratively extended. 3. Permit part I.C. requires that the Facility follow the Best Available Technology
Performance Standard to prevent pipeline spills to achieve protection of
groundwater quality. This includes but is not limited to inspections, proper maintenance, and adherence to a standard operating procedure. Additionally, Table 2A of the Permit specifies that releases from the Tailings Lines that are greater than 12,000 gallons are not permitted releases.

4. On June 3, 2022, Kennecott notified the Division of a tailings release occurring at the Facility. The notification was logged as Incident Report No. 15634 in the Utah Department of Environmental Quality Environmental Incidents Database. According to the report, “a backup of sand in a tailings line resulted in a release of
at least 1,200 gallons of tailings water down a hillside at Box D2 onto Highway
201.” 5. On June 10, 2022, Kennecott submitted a written Five-Day Follow-up Report (“June 5-Day Report”) to the Division. The June 5-Day Report indicated that
approximately 1.8 million gallons of tailing slurry was released, covering
approximately 20.7 acres, due to a blockage in the Single Point Tailings Line (“SPTL”). According to the June 5-Day Report, the release location was adjacent to the D-2 Box located immediately downstream from the North Splitter Box (“NSB”) and the tailing slurry was estimated to contain 3,730 tons of solids and
approximately 1.5 million gallons of liquid; Kennecott reported that approximately
72,000 gallons of water was removed via vacuuming between June 3, 2022 and June 5, 2022. Additionally, the June 5-Day Report included analytical results for the solid (“Table 1”) and the liquid (“Table 2”) samples that were taken by Kennecott, on the day of the release, from the location that the tailings slurry exited
the SPTL. The “Liquid Data” sample results, as summarized in Table 2 of the June
5-Day Report, indicate that the released tailings slurry contained constituents that could potentially cause pollution of groundwater. Specifically, Kennecott’s Liquid Data test results indicated that, at minimum, the following constituents were present in the release: chlorine, sulfate, sodium, potassium, magnesium, calcium, cyanide,
arsenic, cadmium, copper, selenium, zinc, lead, and Total Dissolved Solids
(“TDS”).
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6. On September 15, 2022, Kennecott submitted a ‘Supplemental Letter for Tailings Release from Tailings Line’ (“45-Day Report”) to the Division. According to the
45-Day Report, cleanup activities commenced June 3, 2022 and were completed on
September 1, 2022. Kennecott reported it utilized a vacuum truck to recover standing water and slurry but did not report the estimated volume of total recovered liquid. Kennecott also reported that a total of 3,480 cubic yards of soil and tailings were removed. Composite soil samples were taken following the tailings removal
effort at five locations which indicated that elevations remained for some
constituents, including, but not limited to, arsenic, copper, and iron. 7. On January 11, 2023, Kennecott notified the Division of a process water release that occurred at the Facility. The notification stated that “an unknown volume of
process water and storm water spilled from the Copperton Conce[n]trator around
09:00 this morning and entered the Barneys Creek drainage, which is currently dry.” The notification was logged as Incident Report No. 16083 in the Utah Department of Environmental Quality Environmental Incidents Database.
8. On January 18, 2023, Kennecott submitted a Written Five-Day Follow-up Report
(“January 5-Day Report”) for the process water release specified in paragraph 7 above. The January 5-Day Report stated that the process water released from a 48-inch Reinforced Concrete Pipe line, near the H1A Box, within the Facility footprint. According to the January 5-Day Report, Kennecott estimated that approximately
26,200 gallons of process water was released, of which approximately 22,800
gallons was retained in a clay lined pond (“Pond 3”) and the remaining 3,400 gallons migrated into an unnamed ephemeral tributary of Barney’s Creek (reportedly dry at the time of the incident). Additionally, the January 5-Day Report included analytical results for samples of the process water, collected and analyzed
by Kennecott, from three locations: 1) water directly from the source pipeline,
upgradient of the release; 2) Pond 3; and 3) from the ephemeral drainage bottom. According to the analytical reports provided by Kennecott, the released process water contained constituents that could potentially cause pollution of groundwater. Specifically, Kennecott’s testing results indicated that the following constituents,
at minimum, were present in the release: calcium, arsenic, molybdenum,
chromium, manganese, magnesium, silver, sodium, copper, barium, potassium, nickel, sulfate, zinc, chloride, iron, selenium, and TDS. Although the January 5-Day Report did not specify the media for samples taken at the Pond nor at the ephemeral drainage, the Division assumes these were aqueous samples based on
the reported unit of measure in liters.
9. Utah Admin. Code R317-6-2 Ground Water Quality Standards lists standards for the following parameters for the protection of ground water quality: physical characteristics, inorganic chemicals, metals, organic chemicals, volatile organic
chemicals, other organic chemicals and radionuclides.

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10. Permit part I.B. contains Ground Water Protection Levels for the Facility area
compliance monitoring wells, W31, COG1149A and COG1149B, and includes
standards for the following parameters: pH, TDS, sulfate, arsenic, cadmium, copper, selenium and zinc.
11. According to the analytical report provided in Kennecott’s January 5-Day Report
(sample ID “JQ-23111-L1” and “JQ-23011-L1”), the released process water, at the location of the unnamed ephemeral tributary of Barney’s Creek, contained constituents at concentrations exceeding the Utah Water Quality Standards or the Facility’s Protection Levels. Most notably, but not limited to, arsenic (detected at
0.048 mg/L), copper (detected at 0.162 mg/L and 0.040 mg/L), and TDS (detected
at 3,340 mg/L). 12. Utah Admin. Code R317-2-13 classifies Barney’s Canyon Creek and Tributaries from mouth to headwaters as a 2B, 3D, 4 Water of the State, establishing the
following protections:
a. Class 2B – Protected for infrequent primary contact recreation. Also protected for secondary contact recreation where there is a low likelihood of ingestion of water or a low degree of bodily contact with water.
b. Class 3D – Protected for waterfowl, shore birds and other water-oriented
wildlife not included in Classes 3A, 3B or 3C, including the necessary aquatic organisms in their food chain. c. Class 4 – Protected for agricultural uses including irrigation of crops and stock watering.

13. Utah Admin. Code R317-2-14 Table 2.14.2 provides numeric criteria for Class 2B, 3D, 4 Waters, such as Barney’s Canyon Creek and Tributaries from mouth to headwaters, as but not limited to:
a. Arsenic: 0.1 mg/L
b. Arsenic (Trivalent): 0.15 mg/L 4-Day Average; 0.34 mg/L 1-Hour Average c. Copper: 0.2 mg/L; 0.009 mg/L 4-Day Average; 0.013 mg/L 1-Hour Average d. TDS: 1200 mg/L
D. VIOLATIONS Based on the foregoing, Kennecott Utah Copper, LLC has violated the following:
1. Utah Admin. Code R317-2-7.2 for placing wastes in such a manner that caused a
violation of the Utah Water Quality Narrative Standard.
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2. Utah Admin. Code R317-2-7.2 and R317-2-14 for placing wastes in such a manner that caused a violation of the Utah Water Quality Standards Numeric criteria.

3. Utah Code § 19-5-107 for unauthorized discharge into a waters of the State and/or for placing waste in a location where there is probable cause to believe it will cause pollution, on June 3, 2022.
4. Utah Code § 19-5-107 for unauthorized discharge into a waters of the State and/or
for placing waste in a location where there is probable cause to believe it will cause pollution, on January 11, 2023. 5. Permit No. UGW350017 Table 2A for causing a tailings release in excess of 12,000
gallons on June 3, 2022 at the Facility. E. ORDER Based on the foregoing Facts and Determinations, and Violations and pursuant to Utah
Code §§ 19-5-107 and 19-5-111, Kennecott Utah Copper, LLC is hereby ORDERED to:
1. As of the date of issuance of this NOV/CO, if not already initiated, initiate all action required to come into compliance with all applicable provisions of the Utah Water Quality Act in Utah Code Title 19, Chapter 5 and the Water Quality Rules in the
Utah Admin. Code R317.
2. Cease and desist all un-permitted discharges which violate Utah water quality standards.
3. If additional information can be provided that is not already included in any
previously submitted 5-Day Reports or 45-Day Reports, submit a response to this NOV/CO containing the information listed below. If no new information is available, a response stating as such is required. The report must be submitted to the Director within thirty (30) calendar days of the date of issuance of this
NOV/CO:
a. An evaluation of what caused the cited violations. This information should include the facts of the specific discharge outlined in the Facts and Determinations, as well as any other information regarding the release that
occurred that may be important in resolving the violations listed in Section
D of this NOV/CO; b. Describe, in detail, the actions taken and/or planned to be implemented (including dates), to attain and continue to be in full compliance with this NOV/CO; and
c. Describe, in detail, any environmental mitigation and restoration plans for
the area affected by the discharge, and the expected timetables related to these plans.
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4. In accordance with Utah Admin. Code R317-6-6.15.C.1, within 30 calendar days of the date of issuance of this NOV/CO, submit to the Director a proposed schedule
for the submission of a groundwater Contamination Investigation that meets the
requirements listed in Utah Admin. Code R317-6-6.15.D.1.
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F. NOTICE

Kennecott Utah Copper, LLC may contest this NOV/CO by filing and serving a written Request for Agency Action as provided in Utah Admin. Code R305-7-303 and R305-7-104(5). The NOV/CO is effective upon issuance (date signed) and, even if it is contested, remains effective unless a stay is issued or the NOV/CO is rescinded, vacated or otherwise
terminated.
Failure to contest this NOV/CO within the period specified in Utah Admin. Code R305-7-303(5) [30 days] waives any right to contest the NOV/CO or to seek judicial review.
All reports required under this NOV/CO must be accompanied by the following
certification, which is to be signed in accordance with Utah Admin. Code R317-8-3.4(4): “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 gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine or imprisonment for
knowing violations.”
Utah Code § 19-5-115 provides that violation of the Water Quality Act or a related Order may be subject to a civil penalty of up to $10,000 per day of violation. Under certain
circumstances of willfulness or gross negligence, violators may be fined up to $25,000 per
day of violation. Failure to comply with this NOV/CO may result in additional civil penalties or criminal fines under Utah Code § 19-5-115.
Issued this Seventeenth day of April, 2023.

___________________________ John K. Mackey, P.E. Director, Division of Water Quality

DWQ-2023-005334
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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY

This Notice of Violation and Compliance Order (“NOV/CO”) is issued to Kennecott
Utah Copper LLC, a Utah Limited Liability Company, (“Kennecott”) in its capacity as
owner and operator of Bingham Canyon Mine and Water Collection System (“Facility”),
This NOV/CO is issued by the Director of the Utah Division of Water Quality
(“Director”) pursuant to the Director’s authority under the Utah Water Quality Act, Utah
Code §§ 19-5-101 to 19-5-124 (the “Act”) and the Utah Admin. Code R317-1 et. seq.
(“Water Quality Rules”). This NOV/CO is also issued in accordance with the
administrative procedures of the Utah Department of Environmental Quality, Utah
Admin. Code R305-7 et. seq.

A. STATUTORY AUTHORITY

1. The Director is authorized to issue, continue in effect, renew, revoke, modify or deny
discharge permits and to issue orders under the Act and in accordance with Utah
Code § 19-5-106(2)(d).

2. Under Utah Admin. Code R317-6-6, the Director has the authority to protect ground
water including prohibiting the discharge of pollutants into ground water, requiring a
ground water discharge permit, and requiring investigations and corrective action if a
discharge occurs.

3. The Utah Division of Water Quality (“Division”) was created to administer the Act
under the immediate direction and control of the Director pursuant to Utah Code §
19-1-105.

4. Pursuant to Utah Code § 19-5-111, whenever the Director determines that there are
reasonable grounds to believe that there has been a violation of the Act, the Water
Quality Rules, or any order of the Director or the Board, the Director may issue a
notice of violation. In that event, the notice shall require that the matters complained
of be corrected.

5. Utah Code § 19-5-115 provides that any person who violates a rule or order made or
issued pursuant to the Act, or any rule or order made thereunder, may be subject, in a
civil proceeding, to a civil penalty of up to $10,000 per day of violation. Higher
In the Matter of:
Kennecott Copper LLC
Bingham Canyon Mine and Water
Collection System
Permit No. UGW350010
NOTICE OF VIOLATION
AND COMPLIANCE ORDER
DOCKET NO. GW23-01
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penalties and other sanctions may arise in situations amounting to knowing or willful
violations.

B. APPLICABLE STATUTORY AND REGULATORY PROVISIONS

1. Utah Code § 19-5-107(1)(a) states: “Except as provided in [the Water Quality Act] or
rules made under it, it is unlawful for any person to discharge a pollutant into waters
of the state or to cause pollution which constitutes a menace to public health and
welfare, or is harmful to wildlife, fish or aquatic life, or impairs domestic,
agricultural, industrial, recreational, or other beneficial uses of water, or to place or
cause to be placed any waste in a location where there is probable cause to believe it
will cause pollution.”

2. Utah Code § 19-5-102(22) defines “Waste” or “pollutant” as “dredged spoil, solid
waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.”

3. Utah Code § 19-5-102(23)(a) defines “Waters of the state” as “streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, irrigation systems, drainage
systems, and all other bodies or accumulations of water, surface and underground,
natural or artificial, public or private, that are contained within, flow through, or
border upon this state or any portion of the state.”

4. Utah Admin. Code R317-6-2 Ground Water Quality Standards lists standards for the
following parameters for the protection of ground water quality: physical
characteristics, inorganic chemicals, metals, organic chemicals, volatile organic
chemicals, other organic chemicals and radionuclides.

C. FACTS & DETERMINATIONS

1. Kennecott is a Utah Limited Liability Company doing business in Salt Lake City,
Utah. Kennecott owns and operates the Facility, including the referenced containment
vault vent tied to the East Side Collection System and the 36-inch Reinforcement
Concrete Pipeline (“RCP”), located on the following tracts of land: Township 3
South, Range 2 West; Township 3 South, Range 3 West; Township 4 South, Range 2
West; and Township 4 South, Range 3 West (Salt Lake Base and Meridian).

2. On August 1, 2022, the Director issued Groundwater Discharge Permit No.
UGW350010 (“Permit”) to Kennecott for discharges into waters of the State at the
Facility.

3. On November 17, 2022, Kennecott discovered a mine contact water discharge from a
containment vault vent which is tied to the Eastside Collection System located
downstream from the Copper Drainage 1 cut-off wall. Kennecott notified the Division
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of the incident on November 22, 2022. The mine contact water discharge is not
authorized in the Permit.

4. On November 30, 2022, Kennecott submitted a Five-Day Follow-up Report
(“November 5-Day Report”) to the Division. The November 5-Day Report indicated
that the release was discovered during a weekly inspection of the location, so the
exact duration of the discharge could not be determined. Kennecott estimated that
approximately 8,000 gallons of contact water was released based on the assumption
that the discharge occurred over a three-day period. Kennecott reported that the
release was caused by a blockage downstream from the containment vault vent where
the overflow occurred and that the released contact water flowed approximately 50-
yards before it entered a concrete stormwater channel. The November 5-Day Report
indicated that Kennecott took a contact water sample near the leak origin on the date
the unpermitted discharge was discovered, or November 17, 2022. According to the
analytical report provided by Kennecott, the released contact water contained
constituents that could potentially cause pollution of groundwater. Specifically,
Kennecott’s testing results indicated that the following constituents, at minimum,
were present in the release: calcium, chloride, potassium, magnesium, sodium,
sulfate, arsenic, barium, cadmium, chromium, copper, zinc, selenium, and Total
Dissolved Solids (“TDS”). In addition, the analytical results indicated that the pH of
the release was 3.56.

5. On March 14, 2023, Kennecott notified the Division of a subsequent contact water
release occurring at the Facility. The notification was logged as Incident Report No.
16303 in the Utah Department of Environmental Quality Environmental Incidents
Database. According to the report, “A manhole cover near a pump station at the
incident location was reported to have a small leak, and when they opened up the
cover the leak exploded and released an estimated greater than 50,000 gallons of
contact water. This water pooled in a depression adjacent to the reservoirs.”

6. On March 24, 2023, Kennecott submitted a Five-Day Follow-up Report (“March 5-
Day Report”) to the Division. This report indicated that the release occurred because
the incorrect bolts had been installed to secure an inspection port lid to the RCP
which led to corrosion and failure of the bolts. An estimated 180,000 gallons of
contact water discharged over an area of 33,541 square feet. Kennecott provided
analytical results for a water sample of the discharged fluid which indicated that the
released contact water contained constituents that could potentially cause pollution of
groundwater. Specifically, Kennecott’s testing results indicated that the following
constituents, at minimum, were present in the release: calcium, chloride, potassium,
magnesium, sodium, sulfate, arsenic, cadmium, chromium, copper, lead, zinc,
selenium, TDS and Total Suspended Solids (“TSS”). In addition, the analytical results
indicated that the pH of the release was 4.18.

7. Permit part II.B. contains Ground Water Protection Levels for the Facility area
compliance monitoring wells and includes standards for the following parameters:
pH, TDS, sulfate, cadmium, copper, and zinc.
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D. VIOLATIONS

Based on the foregoing Facts and Determinations, Kennecott is in violation of:

1. Utah Code § 19-5-107(1)(a) for discharging pollutants into waters of the State, or in
the alternative, placing waste in a location where there is probable cause to believe it
will cause pollution, on November 17, 2022;

2. Utah Code § 19-5-107(1)(a) for discharging pollutants into waters of the State, or in
the alternative, for placing waste in a location where there is probable cause to
believe it will cause pollution, on March 14, 2023; and

3. Permit No. UGW350010 part III.I.2. for failing to report the November 17, 2022,
contact water release within twenty-four (24) hours.

E. ORDER

Based on the foregoing Facts and Determinations, and Violations and pursuant to Utah
Code §§ 19-5-107 and 19-5-111, Kennecott is hereby ORDERED to:

1. As of the date of issuance of this NOV/CO, if not already initiated, initiate all action
required to come into compliance with all applicable provisions of the Utah Water
Quality Act in Utah Code Title 19, Chapter 5 and the Water Quality rules in the Utah
Admin. Code, R317.

2. Cease and desist all un-permitted discharges which violate Utah water quality
standards.

3. If additional information can be provided that is not already included in any
previously submitted 5-Day Reports, submit to the Director a response to this
NOV/CO containing the information listed below within thirty (30) calendar days
of the date its issuance. If no new information is available, a response stating as such
is required:

a. The cause of each violation;
b. The specific corrective actions take, results achieved, and applicable dates;
c. How the corrective actions will prevent similar violations from recurring;
and
d. The specific environmental mitigation and restoration plans for the area
affected by the discharge and the applicable dates related to these plans.

4. In accordance with Utah Admin. Code R317-6-6.15.C.1, within thirty (30) calendar
days of the date of issuance of this NOV/CO, submit to the Director a proposed
schedule for the submission of a groundwater Contamination Investigation Report
and a Corrective Action Plan that meets the requirements listed in Utah Admin. Code
R317-6-6.15.D.
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F. NOTICE

This NOV/CO is effective upon issuance (date signed) and shall become final unless it is
administratively contested. This NOV/CO may be contested by filing and serving a
written Request for Agency Action as provided by Utah Admin. Code R305-7-303 and
R305-7-104(5). Even if this NOV/CO is contested, it remains effective unless a stay is
issued or this NOV/CO is rescinded, vacated, or otherwise terminated.

Failure to contest this NOV/CO within the time period and manner prescribed by Utah
Admin. Code R305-7-303 constitutes a waiver of any right of administrative contest,
reconsideration, review, or judicial appeal.

All reports required under this NOV/CO must be accompanied by the following
certification, which is to be signed in accordance with Utah Admin. Code R317-8-3.4(4):

“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 gather and evaluate the information submitted. Based on my inquiry of
the person or persons who managed the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine or imprisonment for knowing
violations.”

Utah Code § 19-5-115 provides that violation of the Act, or any permit, rule, or order
adopted under the Act, may be subject to a civil penalty not to exceed $10,000 per day of
violation. Failure to comply with this NOV/CO may result in additional civil penalties or
criminal sanctions under Utah Code § 19-5-115.

Issued this 9th day of November 2023.

___________________________
John K. Mackey, P.E.
Director, Division of Water Quality