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HomeMy WebLinkAboutDWQ-2025-002279 STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY WATER QUALITY BOARD P.O. BOX 144870 SALT LAKE CITY, UTAH 84114-4870 Ground Water Discharge Permit Permit No. UGW010016 In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Annotated 1953, as amended, the Act, MANGO II-Milford, LLC – Pinnacle Finisher Farms 111 East Broadway STE 1250 Salt Lake City UT 84111 Hereafter referred to as the Permittee, is granted a Ground Water Discharge Permit the operation of the Pinnacles Finisher Sites hog production facilities at 52 farm sites north of Milford, Utah. The farm sites are located in Salt Lake Base & Meridian: Section Township Range County  29,30,31,32,33 25S  9W Millard  7,17,18,19,20,30,31 26S  9W Beaver  13,15,23,26,27,33,34,35 26S 10W Beaver  5 27S  9W Beaver  3 27S 10W Beaver   Centralized Lat Lon: North Area: 38.57167 -112.9069 South Area: 38.5167 -112.9405 This permit is based on representation made by the Permittee and other information contained in the administrative record. It is the responsibility of the Permittee to read and understand all provisions of this permit. The facility shall be constructed and operated in accordance with conditions set forth in the permit and the Utah Administrative Rules for Ground Water Quality Protection (UAC R317-6). This permit shall become effective on March x, 2025. This permit and authorization to operate shall expire at midnight July 10, 2029. Signed this _____ day of March, 2025. ___________________________________________ John K. Mackey, PE Director TABLE OF CONTENTS T ABLE OF CONTENTS ii PART I SPECIFIC PERMIT CONDITIONS 4 A. Ground Water Classification 4 B. Background Ground Water Quality 4 C. Ground Water Protection Levels 4 D. Best Available Technology (BAT) Standard 5 E. Best Management Practices 7 F. Compliance Monitoring Requirements 7 H. Reporting Requirements 14 I. Compliance Schedule 15 PART II MONITORING, RECORDING AND REPORTING REQUIREMENTS 16 A. Representative Sampling 16 B. Analytical Procedures 16 C. Penalties for Tampering 16 D. Reporting of Monitoring Results 16 E. Compliance Schedules 16 F. Additional Monitoring by the Permittee 16 G. Records Contents 16 H. Retention of Records 17 I. Twenty-four Hour Notice of Noncompliance Reporting 17 J. Other Noncompliance Reporting 17 K. Inspection and Entry 17 PART III COMPLIANCE RESPONSIBILITIES 18 A. Duty to Comply 18 B. Penalties for Violations of Permit Conditions 18 C. Need to Halt or Reduce Activity not a Defense 18 D. Duty to Mitigate 18 E. Proper Operation and Maintenance 18 PART IV GENERAL REQUIREMENTS 19 A. Planned Changes 19 B. Anticipated Noncompliance 19 C. Permit Actions 19 D. Duty to Reapply 19 E. Duty to Provide Information 19 F. Other Information 19 G. Signatory Requirements 19 H. Penalties for Falsification of Reports 20 I. Availability of Reports 20 J. Property Rights 20 K. Severability 21 L. Transfers 21 M. State Laws 21 N. Reopener Provision 21 Applicable MANGO II-Milford, LLC Operations Documents for this permit include but are not limited to: Sampling and Analysis Plan Anaerobic Lagoon Systems Operation and Maintenance Manual Spill Prevention and Response Manual Sludge Disposal and Farm Closure Plan PART I SPECIFIC PERMIT CONDITIONS A. Ground Water Classification Ground water in the Escalante Valley near the Pinnacle Finisher Farm sites is classified as Class II and Class III Limited Use. B. Background Ground Water Quality Based on regional Utah Geological Survey ground water quality report submitted with the application, total dissolved solids (TDS) concentrations in the general area range from 226 to 4,600 milligrams per liter (mg/l) and no parameters are above Utah Ground Water Quality Standards. Table 1: Range of Background Ground Water Quality of shallow aquifer in the Escalante Valley Milford area, UT* Parameter (mg/l)  pH (units) 7.2  Total Dissolved Solids 226 – 4,600  Chloride 111 - 268  Nitrate as N <1 – 5  Alkalinity total 238 – 515  Sulfate 67 – 274  Calcium 57 – 207  Magnesium 20 – 52  Potassium 3 – 6.5  Sodium 26 – 67  *Utah Geological Survey Cooperative Investigations Report No. 56 C. Ground Water Protection Levels Table 2 provides ground water protection levels for containment basin compliance monitoring wells. After completion of the accelerated background monitoring program in accordance with Part II.I.1 of this permit, ground water protection levels have been established for the site utilizing the provisions outlined in UAC R317-6-4 for the parameters listed in Table 2. The protection levels of Table 2 may be modified if necessary. Table 2: Ground Water Protection Levels Well N+N HC03 Cl TDS pH  3645MD 2.5 110 1011 1747 6.5-8.5  3645MU 2.5 110 1011 1747 6.5-8.5  3646MD 2.5 173  1064 1946 6.5-8.5  3646MU 2.5 110 1011 1747 6.5-8.5  3647MD 2.5 309 1121 2188 6.5-8.5  3647MU 2.5 309 1121 2188 6.5-8.5  3648MD 2.5 328  1423 2724 6.5-8.5  3648MU 2.5 328  1423 2724 6.5-8.5  3653MD 2.5 122  1077 1938 6.5-8.5   3653MU 2.5 122  1077 1938 6.5-8.5  3654MD 2.5 314  3077 4325 6.5-8.5  3654MU 2.5 314  3077 4325 6.5-8.5  3655MD 2.5 431  4119 5982 6.5-8.5  3655MU 2.5 431  4119 5982 6.5-8.5  3656MD 2.5 276  3672 4995 6.5-8.5  3656MU 2.5 276  3672 4995 6.5-8.5  3657MD 2.5 592  4215 6070 6.5-8.5  3657MU 2.5 592  4215  6070 6.5-8.5  3660MD 2.5 712  4337 6523 6.5-8.5  3660MU 2.5 712  4337 6523 6.5-8.5  3661MD 2.5 551  3992 6088 6.5-8.5  3661MU 2.5 551  3992 6088 6.5-8.5  3666MD 2.5 709  3085 4700 6.5-8.5  3666MU 2.5 709  3085 4700 6.5-8.5   D. Best Available Technology (BAT) Standard The administration of this permit is founded on the use of Best Available Technology (BAT), in accordance with the requirements of UAC R317-6-1.3. The construction permit (PART I) issued with this discharge permit describes construction standards for the wastewater containment basins. Compliance with the requirements for use of BAT will be demonstrated by construction, operation and maintenance of the containment basins according to the construction permit. Achievement of these performance standards will be demonstrated by: Only hog wastes may be disposed of in the containment basins. The hog waste is drained into a primary anaerobic digestion basin for treatment and storage. These farm sites each have at least one primary basin and one containment basin for evaporation. The primary basins are sized to accept up to 1.8 cubic feet of volume per pound of live animal weight (LAW) in the digestion basin and provide enough surface area for evaporation of water in the evaporative basin. The containment basins are lined with 60-mil flexible membrane liner (FML). The liners are designed to yield a liner hydraulic permeability coefficient no greater than 1×10-7 cm/sec. The liner type, dimensions, maximum operating depth, free board, liquid contact area, and operating volume of each primary and containment basin for each farm site are presented in the construction permits and construction permit applications covering those units. Manure Drying Pads – The Permittee has 52 farm sites in operation for this permit, and each site has a primary anaerobic basin where manure solids are collected. It is necessary to remove accumulated solids from the bottom of each primary digestion basin at the farm sites. The Permittee has implemented a program to remove the solids from the digestion basins and dry the manure on a drying pad constructed near the digestion basin. The manure is a nutrient source and the drying of the manure will allow the nutrients to be sold and applied to local cropland at agronomic rates. Manure drying pads at any of the facilities covered by this permit may not be performed on any parcel of land without first notifying and receiving the approval of the Director. Pad construction must be performed in accordance with the most recently revised and approved version of the Manure Drying Program Plan. Performance Standard for Best Available Technology Compliance with the requirements for use of best available technology (BAT) will be demonstrated by construction, maintenance and operation of the digestion basin and evaporation basins according to the construction permit (DWQ-2017-004581 Appendix A). a. Liner - Performance of FML liner will be evaluated for compliance with the requirements of this permit. Liner integrity will be evaluated prior to operation with the approved construction quality assurance/quality control (QA/QC) plans contained in the application for this permit. The liner integrity must be maintained. Deterioration of materials or any other situation which prevents the liner from functioning according to the approved design shall constitute non-compliance with this permit. After completion of construction, synthetic liners must remain in contact with the prepared soil base of the containment basins, as provided by liner slack and ballast when necessary to minimize billowing caused by the wind. Adequate slack and ballast when necessary will also be provided to minimize stresses and suspensions of the liner at the toe of the dikes due to variations in ambient temperature and incident solar radiation. Any large suspensions or billowing of synthetic liner is considered a failure of this performance standard. The formation of bulges or whales in the liner when the basins contain water is an indication of a leak in the liner. When whales form in the liner, the liner must be repaired in an expeditious manner. Impact to the underlying soils must be assessed in conformance with the provisions detailed in the most recently revised and approved version of the Spill Prevention and Response Plan. b. Digestion basins - The performance standard for anaerobic digestion basin operation is based on operating and maintaining the digestion basins in a manner consistent with the design criteria detailed in the construction permits. The design of the primary lagoons is based on a total volumetric capacity of approximately 1.80 cubic feet per pound of LAW, consisting of 1.2 cubic foot for treatment and 0.6 cubic foot for 20-year sludge accumulation for finisher hogs. The evaporation basins are designed to have a normal operating depth with additional surface area needed to maintain a constant depth, at the same time of each year and evaporate the excess wastewater during each annual cycle. Construction dimensions for each primary and secondary at each farm site are summarized in the previously issued construction permit (DWQ-2017-004581 Appendix A). The anaerobic digestion basin system must be operated and maintained in accordance with the most recently revised and approved Anaerobic Lagoon Systems Operation and Maintenance Manual. Performance of the anaerobic digestion basins will be demonstrated by the monitoring specified in Part II.F.2.b. No ground water degradation beyond permit limits established in Table 2 as measured by compliance monitoring wells. Compliance Monitoring Wells - The Permittee will monitor one upgradient and two downgradient compliance monitoring wells at each of the containment basin systems. Protection of Monitoring Wells - All compliance monitoring wells must be protected from damage due to surface vehicular traffic or contamination due to surface spills, and shall be maintained in full operational condition for the life of this permit. Any compliance monitoring well that becomes damaged beyond repair or is rendered unusable for any reason will be replaced by the Permittee within 90 days or as directed by the Director. E. Best Management Practices The Permittee shall operate the facility such that the ground water quality standards (UAC R317-6-2) and ground water protection levels in Table 2 that were developed for this permit are not exceeded in the unconfined aquifer underlying the site, or other aquifers that may be impacted by facility operations. Utah ground water regulations also contain standards for contaminants such as metals, pesticides and volatile organic compounds. Accordingly, the Permittee must not discharge these or any other contaminants that could impair beneficial uses of the ground water. Permittee shall ensure proper handling of plant wastewater, prompt cleanup of any releases, and an ongoing operation, inspection, and maintenance program for ancillary facilities associated with this permit. Closure Plan - Any digestion basin system closure must be undertaken in compliance with the most recently revised and approved version of the Sludge Disposal and Farm Closure Plan that has been prepared by the Permittee. Prior to closure of any containment basin system, the Permittee shall submit to the Director a site-specific closure plan for disposition of the liquids, solids and liner material of the basin(s) to be closed. A plan for land application of the liquids and solids at appropriate agronomic rates, on-site at manure drying pads, or other disposal methods, will be submitted for approval by the Director. The containment basin liner material will be tested according to an approved testing plan to determine an appropriate means of disposal, which will not lead to ground water contamination. The monitoring wells will continue to be sampled for a post closure monitoring period as determined by the Director. F. Compliance Monitoring Requirements The Permittee is required to monitor ground water quality and source activities that could potentially impact the ground water quality. Monitoring shall be performed according to the provisions of this permit. The network of monitoring wells shall provide the ability to detect contamination in the uppermost groundwater aquifer, which could result from excess containment basin seepage. Under the provisions of this permit, ground water contamination in the shallow aquifer under the containment basin sites would be a reason for the Permittee to take remedial action before further degradation occurs. Compliance Monitoring Wells - The network of monitoring wells shall provide the ability to detect contamination in the uppermost groundwater aquifer, which could result from excess containment basin seepage. Under the provisions of this permit, ground water contamination in the shallow aquifer under the containment basin sites would be a reason for the Permittee to take remedial action before further degradation occurs. Location of Monitoring Wells - The Permittee has installed a monitoring well system at each existing farm site to establish the ground water gradient underlying each containment basin system and to monitor ground water quality in both the upgradient and downgradient wells. The Permittee will be required to drill additional wells if the ground water flow directions are different than expected as revealed when the wells are drilled. The locations of any new wells installed for the farm sites covered under this permit shall be submitted in this format: latitude and longitude relative to NAD83. b) Damage to Monitoring Wells - If a monitoring well is damaged or is otherwise rendered inadequate for its intended purpose or if a previous hydraulic gradient between two monitor wells is reversed, the Director shall be notified in writing within five days of the Permittee becoming aware of the condition. c) Future Modification of Monitoring Well Network - If at any time the Director determines the monitoring well network to be inadequate due to a change in gradient or for any other reason, the Permittee shall submit within 30 days of receipt of notification a plan and compliance schedule to modify the monitoring well network. 2. Monitoring Details a) Semi-annual Ground Water Quality Compliance Monitoring - Semi-annual ground water compliance monitoring shall be conducted by the Permittee under the provisions of this permit. The monitoring requirements listed below apply to all upgradient and downgradient wells. The protection levels for indicator parameters are calculated using the Ground Water Quality Protection Regulations (UAC R317-6-4), background water quality data, and historical well data. Sample collection, handling and analysis shall be conducted in accordance with the most recently revised and approved version of the Sampling and Analysis Plan. Unless revised by the Sampling and Analysis Plan, the field parameters to be measured during the semi-annual monitoring shall be: temperature, specific conductance, pH, and ground water elevation. Ground water elevations shall be determined according to Part II.F.2.e. Unless revised by the Sampling and Analysis Plan, the laboratory parameters to be measured during the semi-annual monitoring shall be: Nitrate plus Nitrite as Nitrogen, Bicarbonate, Chloride, and Total Dissolved Solids (TDS). The results of the compliance monitoring shall be submitted to the Division of Water Quality along with supporting field data in the Semi-annual Ground Water Quality Monitoring Report. b) Annual Monitoring - Annual compliance monitoring shall be conducted by the Permittee under the provisions of this permit according to the most recently revised and approved version of the Sampling and Analysis Plan, the Anaerobic Lagoon Systems Operation and Maintenance Manual, and the Sludge Disposal and Farm Closure Plan as indicated below. The waste water from a representative operating primary manure digestive basin shall be analyzed annually for the following parameters: temperature, specific conductance, pH, nitrate plus nitrite as nitrogen, ammonia, total Kjeldahl nitrogen (TKN), sulfate, bromide, chloride, total dissolved solids, sodium, potassium, calcium, magnesium, bicarbonate, carbonate, phosphorus, arsenic, barium, cadmium, chromium, copper, lead, mercury, selenium, silver, and zinc. Sample collection, handling, and analysis shall be conducted in accordance with the most recently revised and approved version of the Sampling and Analysis Plan. Samples shall be taken in the late summer when parameter concentrations should be at their yearly maximum. Analyses for nitrogen species shall be conducted at the same laboratory. Results of the wastewater monitoring accompanied by any supporting raw data shall be submitted to the Division of Water Quality with the next Semi-annual Ground Water Quality Monitoring Report. Lagoon performance monitoring shall be conducted according to the most recently revised and approved version of the Anaerobic Lagoon Systems Operation and Maintenance Manual or under idle conditions in accordance with Part I.F.3 below. Results of the lagoon performance monitoring accompanied by any supporting raw data shall be submitted to the Division of Water Quality. Sludge profiling of all primary lagoons shall be conducted according to the most recently revised and approved version of the Sludge Disposal and Farm Closure Plan. The results of this profiling accompanied by any supporting raw data shall be submitted to the Division of Water Quality. c) Background Ground Water Quality Monitoring - Background ground water quality will be established in the upgradient monitoring wells for all the farm sites covered by this permit for the purpose of establishing protection levels. The samples will be analyzed for the following parameters: temperature, specific conductance, pH, nitrate plus nitrite as nitrogen, ammonia, bicarbonate, chloride, total dissolved solids (TDS), sodium, potassium, magnesium, calcium, carbonate, and sulfate. At least one sample from each downgradient monitor well was also analyzed for all these parameters. If any additional upgradient or downgradient wells are installed, the Permittee shall collect quarterly samples at equal time intervals over a two-year period from each upgradient well and each downgradient well. The samples shall be analyzed for the parameters listed above. Sample collection, handling, and analysis shall be conducted in accordance with the most recently revised and approved version of the Sampling and Analysis Plan. The results accompanied by any supporting data shall be submitted to the Division of Water Quality with the next Semi-annual Ground Water Quality Monitoring Report. d) Depth to Ground Water and Ground Water Elevation - Depth to ground water shall be measured to the nearest 0.01 foot, below the reference point at the top of the well casing. For each monitoring well, the Permittee shall submit a report to the Division of Water Quality accompanied by a surveyors report indicating the elevation, in feet above mean sea level to the nearest 0.01 foot, of the reference point at the top of the well casing from which all ground water depths are measured. Ground water elevations shall be measured semi-annually at all active monitoring wells at the farm sites covered by this permit. Ground water elevations shall be calculated by subtracting the depth to ground water measurement from the elevation of the reference point at the top of the well casing and reported in feet above mean sea level to the nearest 0.01 foot. Ground water elevation calculations for each semi-annual ground water sampling event shall be submitted with the Semi-annual Ground Water Quality Monitoring Report. Ground water potentiometric contour maps shall be constructed from these data once annually and submitted to the Division of Water Quality with the next Semi-annual Ground Water Quality Monitoring Report. e) Laboratory Approval - All water analyses shall be performed by a laboratory certified by the State of Utah in accordance with the most recently revised and approved version of the Sampling and Analysis Plan and the provisions of UAC R317-6-6.3. f) Future Modification of Monitoring Plan - If the Director or Permittee determine that hydrogeologic conditions at any farm site do not allow a direct comparison of upgradient and downgradient ground water quality, protection levels and compliance limits shall be established based on ground water quality in the down gradient well. In this event, the Director shall direct the Permittee to begin collection of background water quality data in the down gradient well according to Part II.F.2.c. Alternatively, the Permittee may propose another method of compliance monitoring within 90 days of the determination that upgradient-downgradient comparison is not possible. 3. BAT Performance Monitoring Program Permittee shall conduct a containment basin inspection and maintenance program. Documentation of compliance with this program shall be maintained on site for review by representatives of the Division. Under idle conditions, the Permittee may inspect BAT and associated lagoons and liners on a monthly basis. G. Non-Compliance Status 1. Probable Out-of-Compliance Status - The Permittee shall evaluate results of each ground water sampling event to determine any exceedence of the Ground Water Protection Levels found in Table 2. Upon determination that a Ground Water Protection Level has been exceeded in the ground water, the Permittee shall: a. Immediately re-sample the monitoring well found to be in probable out-of-compliance status for laboratory analysis of the exceeded protection level parameter(s). Submit the analytical results thereof, and notify the Director of the probable out-of-compliance status within 30 days of the initial detection. b. Upon exceedence of any one parameter listed in Table 2 for two consecutive sampling events, immediately implement an accelerated schedule of quarterly sampling analysis, consistent with the requirements of this permit. This quarterly sampling will continue for at least two quarters or until the compliance status can be determined by the Director. Reports of the results of this sampling will be submitted to the Director as soon as they are available, but not later than 30 days from each date of sampling. c. Exceedance in Upgradient Well - If the protection levels referenced in Table 2 are exceeded in any upgradient well, the Permittee shall note the exceedance in the next semi-annual monitoring report. If ground water elevations indicate that the well is no longer upgradient of the lagoon, or if ground water mounding has developed, the exceedance shall be treated as a non-compliance event according to the provisions of Part II.G. As part of the resolution of the non-compliance situation, the Permittee may be required to propose changes to the monitoring plan for the site sufficient to demonstrate that ground water is not being polluted in violation of UAC R317-6. 2. Out-of-Compliance Status Based on Confirmed Exceedance of Permit Ground Water Protection Levels a. Out of Compliance Status shall be defined as follows: For parameters that have been defined as detectable in the background and for which protection levels have been established, out-of-compliance shall be defined as two consecutive samples exceeding the protection level. Out of compliance status for exceedance of bicarbonate occurs only when the respective compliance limit is exceeded and the compliance limit for total dissolved solids is also exceeded. b. Notification and Accelerated Monitoring - upon determination by the Permittee or the Director, in accordance with UAC R317-6-6.17, that an out-of-compliance status exists, the Permittee shall: Verbally notify the Director of the out-of-compliance within 24 hours, and provide written notice within 5 days of the detection, and A written submission shall also be provided to the Director within five days of the time that the Permittee becomes aware of the noncompliance. The written submission shall contain: i) A description of the noncompliance and its cause; ii) The period of noncompliance, including exact dates and times; iii) The estimated time noncompliance is expected to continue if it has not been corrected; and, iv) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Permittee shall verbally report any noncompliance, which may endanger public health or the environment as soon as possible, but no later than 24 hours from the time the Permittee first became aware of the circumstances. The report shall be made to the Division of Water Quality, Ground Water Protection Section at (801) 536-4300, during normal business hours (8:00 am - 5:00 pm Mountain Time Monday through Friday). Continue an accelerated schedule of quarterly ground water monitoring for at least two quarters and continue quarterly monitoring until the facility is brought into compliance as determined by the Director. c. Source and Contamination Assessment Study Plan - within 30 days after the written notice to the Director required in Part II.G.2.b.1 above, the Permittee shall submit an assessment study plan and compliance schedule for: i) Assessment of the source or cause of the contamination, and determination of steps necessary to correct the source. ii) Assessment of the extent of the ground water contamination and any potential dispersion. iii) Evaluation of potential remedial actions to restore and maintain ground water quality, and ensure that the ground water standards will not be exceeded at the compliance monitoring locations. 3. Out-of-Compliance Status Based Upon Failure To Maintain Best Available Technology - In the event that BAT monitoring indicates a violation of any of the technology or performance management standards outlined in Part II .D and E of this permit, the Permittee shall submit to the Director a notification and description of the violation in accordance with Part II.G of this permit. 4. Failure to Maintain Best Available Technology Required by Permit A facility will be determined to be in an out-of-compliance status if best available technology has failed or cannot be maintained according to the provisions required by this permit, unless: a. The Permittee has notified according to Part II.G.2, and b. The failure was not intentional or was not caused by the Permittee's negligence, either in action or failure to act, and c. The Permittee has taken adequate remedial measures in a timely manner or has developed an approvable remedial action plan and implementation schedule for restoration of best available control technology, an equivalent control technology, or closure of the facility (implementation of an equivalent technology will require permit modification and re-issuance), and d. The Permittee has demonstrated that any discharge of a pollutant from the facility is not in violation of the provisions of UCA 19-5-107. 5. Additional Notification - In the event of out-of-compliance status due to either an exceedance of ground water compliance limits, a spill, or a failure of Best Available Technology, the Permittee shall notify the Millard or Beaver County Commission and the Southwest Utah District Health Department within 24 hours or the first working day following a spill. The report shall also be made to the Utah Department of Environmental Quality 24 hour number, (801) 536-4123, or to the Division of Water Quality, Ground Water Protection Section at (801) 536-4300, during normal business hours (Monday through Friday 8:00 am - 5:00 pm Mountain Time). 6. Contingency Plan - If, after review of ground water monitoring data and other relevant information, the Director determines that use of any lagoon has caused an exceedance of ground water compliance limits at any compliance monitoring point, the Permittee shall conduct a Contamination Investigation to determine the extent and severity of contamination caused by the lagoon and submit it for review by the Division of Water Quality within 45 days of determination of out-of-compliance status. After review of this report the Director may require the Permittee to develop a Corrective Action Plan to remediate the contamination. Actions taken under the plan may include emptying liquids and sludge from the leaking lagoon into one of the other lagoons in the permitted farm complex, repairing or reconstructing the lagoon liner as needed, constructing temporary holding ponds lined with flexible membrane liners, and developing wells for the purpose of extracting the contaminated ground water. Contaminated ground water may be stored in the lagoons or land applied according to the most recently revised and approved Nutrient Management Plan for Land Application, if necessary and feasible. Significant hog waste spills from the waste handling system must be addressed in compliance with the most recently revised and approved version of the Spill Prevention and Response Manual that has been prepared by the Permittee. Minor spill events shall be reported with the next Semi-annual Ground Water Quality Monitoring Report. H. Reporting Requirements 1. Water Monitoring - monitoring required in Part II.F above shall be reported according to the schedule in Table 3 below, unless modified by the Director: Table 3: Compliance Monitoring Report Schedule Monitoring Period Report Due Date  January through June August 1  July thru December February 1   2. Ground Water Quality Sampling - reporting will include: Field Data Sheets - or copies thereof including the field measurements, required in Part II.F.a above, or as listed in the most recently revised and approved Sampling and Analysis Plan; well name/number, date and time, names of sampling crew, type of sampling pump or bail, volume of water purged before sampling, and any pertinent comments relating to sampling conditions. Water Level Measurements - water level measurements from ground water monitoring wells will be reported as measured depth to ground water from the surveyed casing measuring point, and ground water elevations as converted by casing measuring point elevations. Laboratory Analytical Results - including date sampled, date received; and the results of analysis for each parameter, including: value or concentration, units of measurement, reporting limit (minimum detection limit for the examination), analytical method, and the date of the analysis. The analytical methods and the method detection limits for every parameter must conform to those specified in the most recently revised and approved version of the Sampling and Analysis Plan. 4. Annual Sludge Profile Monitoring Report - The report of the annual sludge profile monitoring shall be submitted within 30 days of completion of all sampling, monitoring, and analysis. 5. Annual Lagoon Performance Monitoring Report - The report of the annual lagoon performance monitoring shall be submitted within 30 days of completion of all sampling, monitoring, and analysis. 6. Noncompliance or Probable Noncompliance - Reporting requirements for noncompliance or probable noncompliance status shall be according to the provisions of Part I.F. 7. Electronic Filing Requirements - The Permittee will submit the required ground water monitoring data in the electronic format specified by the Director. The data may be submitted by electronic transfer, e-mail, PDF, compact disc, or other approved transmittal mechanism. In addition, a submittal of the hard copy data may be made if the Permittee prefers. 8. Monitoring Well As-Built Report - For each new well constructed the Permittee shall submit diagrams and descriptions of the final completion of the monitoring wells. The report is due following the completion of drilling activities. The report shall include: a. Casing: depth, diameter, and type of material. b. Screen: length, depth interval, diameter, material type, slot size. c. Sand Pack: depth interval, material type and grain size. d. Annular Seals: depth interval, material type. e. Surface Casing and Cap: depth, diameter, material type, protection measures constructed. f. Elevation and Location: ground surface elevation, elevation of water level measuring point, latitude and longitude in degrees, minutes and seconds. g. Well construction description, well completion description, results of well pump tests or slug tests. Compliance Schedule Final Closure Plan- In the event that the Permittee decides to discontinue its operations at the facility the Permittee shall notify the Director of such a decision and submit a Final Closure Plan. The Final Closure Plan shall be submitted no later than 180 days prior to the closure of the facility. The Permittee shall resubmit Final Closure Plans within 60 days of receipt of written notice of deficiencies therein. Any material changes made to this plan shall require final approval of the Director. PART II MONITORING, RECORDING AND REPORTING REQUIREMENTS A. Representative Sampling Samples taken in compliance with the monitoring requirements established under Part II shall be representative of the monitored activity. B. Analytical Procedures Water sample analysis must be conducted according to test procedures specified under UAC R317-6-6.3.L, unless other test procedures have been specified in this permit. C. Penalties for Tampering The Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. D. Reporting of Monitoring Results Monitoring results obtained during each reporting period specified in the permit, shall be submitted to the Director, Utah Division of Water Quality at the following address no later than the 15th day of the month following the completed reporting period: State of Utah Division of Water Quality P.O. Box 144870 Salt Lake City, Utah 84114-4870 Attention: Ground Water Protection Section Electronic document submission: http://deq.utah.gov/ProgramsServices/services/submissions/ 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 permit shall be submitted no later than 14 days following each schedule date. F. Additional Monitoring by the Permittee If the Permittee monitors any pollutant more frequently than required by this permit, using approved test procedures as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted. Such increased frequency shall also be indicated. G. Records Contents Records of monitoring information shall include: 1. The date, exact place, and time of sampling or measurements: 2. The individual(s) who performed the sampling or measurements; 3. The date(s) and time(s) analyses were performed; 4. The individual(s) who performed the analyses; 5. The analytical techniques or methods used; and, 6. The results of such analyses. H. Retention of Records The Permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. I. Twenty-four Hour Notice of Noncompliance Reporting 1. The Permittee shall verbally report any noncompliance which may endanger public health or the environment as soon as possible, but no later than 24 hours from the time the Permittee first became aware of the circumstances. The report shall be made to the Utah Department of Environmental Quality 24 hour number, (801) 536-4123, or to the Division of Water Quality, Ground Water Protection Section at (801) 536-4300, during normal business hours (Monday through Friday 8:00 am - 5:00 pm Mountain Time). 2. A written submission shall also be provided to the Director within five days of the time that the Permittee becomes aware of the circumstances. The written submission shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times; c. The estimated time noncompliance is expected to continue if it has not been corrected; and, d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 3. Reports shall be submitted to the addresses in Part III.D, Reporting of Monitoring Results. J. Other Noncompliance Reporting Instances of noncompliance not required to be reported within 24 hours, shall be reported at the time that monitoring reports for Part II.H are submitted. K. Inspection and Entry The Permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: 1. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this 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 of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters. PART III COMPLIANCE RESPONSIBILITIES A. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. The Permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. B. Penalties for Violations of Permit Conditions The Act provides that any person who violates a permit condition implementing provisions of the 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(2) of the Act a second time shall be punished by a fine not exceeding $50,000 per day. Nothing in this permit shall be construed to relieve the Permittee of the civil or criminal penalties for noncompliance. C. Need to Halt or Reduce Activity not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. D. Duty to Mitigate 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 permit. Proper operation and maintenance also includes adequate laboratory controls and quality assurance procedures. This provision requires the operation of back-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. PART IV GENERAL REQUIREMENTS A. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required when the alteration or addition could significantly change the nature of the facility or increase the quantity of pollutants discharged. B. Anticipated Noncompliance The Permittee shall give advance notice of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. C. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. D. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a permit renewal or extension. The application should be submitted at least 180 days before the expiration date of this permit. E. Duty to Provide Information The Permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The Permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. F. Other Information When the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the Director, it shall promptly submit such facts or information. G. Signatory Requirements All applications, reports or information submitted to the Director 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 partner or the proprietor, respectively. c. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. 2. All reports required by the permit and other information requested by the Director 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 Director, 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 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 Part V.G.2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part V.G.2 must be submitted to the Director prior to or together 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 gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage 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 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 or reports of compliance or noncompliance shall, upon conviction be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. I. Availability of Reports Except for 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 of the Director. As required by the Act, permit applications, permits, effluent data, and ground water quality data shall not be considered confidential. J. Property Rights The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. K. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. L. Transfers This permit may be automatically transferred to a new Permittee if: 1. The current Permittee notifies the Director at least 30 days in advance of the proposed transfer date; 2. The notice includes a written agreement between the existing and new Permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them; and, 3. The Director does not notify the existing Permittee and the proposed new Permittee of his or her intent to modify, or revoke and reissue the permit. If this 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 permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, penalties established pursuant to any applicable state law or regulation under authority preserved by Section 19-5-117 of the Act. N. Reopener Provision This permit may be reopened and modified (following proper administrative procedures) to include the appropriate limitations and compliance schedule, if necessary, if one or more of the following events occurs: 1. If new ground water standards are adopted by the Board, the permit may be reopened and modified to extend the terms of the permit or to include pollutants covered by new standards. The Permittee may apply for a variance under the conditions outlined in R317-6-6.4.D. 2. If alternative compliance mechanisms are required. 3. If subsequent ground water monitoring data reveals the background water quality values in Part II Table 1 are not accurate. APPENDIX A FARM LOCATION COORDINATES APPENDIX A TABLE 4 FARM LOCATION COORDINATES FARM SITE   LATITUDE     LONGITUDE      Degrees Minutes Seconds Degrees Minutes Seconds  Truck Wash 38 28 26 112 57 11  1 38 28 26 112 58 14  2 38 28 14 112 56 20  3 38 28 52 112 56 21  4 38 29 4 112  57 25  5 38 29 5 112 58 14  6 38 30 0 112 58 30  7 38 30 1 112 57 26  8 38 30 7 112 56 22  9 38 30 43 112 58 32  10 38 30 43 112 57 26  11 38 30 55 112 56 25  12  38 31 37 112 58 14  13 38 31 30 112 57 24  14 38 30 27 112 54 54  15 38 30 28 112 54 4  16 38 31 4 112 54 21  17 38 31 7 112 53 31  18 38 31 31 112 54 22  19 38 31 38 112  53 31  20 38 31 56 112 54 56  21 38 32 9 112 54 8  22 38 32 43 112 54 56  23 38 32 40 112 53 31  24 38 33 26 112 54 57  25 38 33 23 112 54 22  26 38 33 24 112 53 32  27  38 36 53 112 54 52  28 38 35 37 112 54 13  29 38 35 21 112 53 36  30 38 35 22 112 52 56  31 38 35 47 112 51 49  32 38 36 3 112 53 47  33 38 35 57 112 52 55  34 38 36 5 112  51 50  35 38 36 30 112 54 50  36 38 36 44 112 53 52  37 38 36 30 112 52 56  38 38 36 57 112 53 47  39 38 36 54 112 52 54  40 38 29 6 112 53 30          FARM SITE  LATITUDE   LONGITUDE     Degrees Minutes Seconds Degrees Minutes Seconds  41 38 29 27 112 53 47  42 38 39 51 112 53 49  43 38 29 51 112 53 29  44 38 31 40 112 56 29  45 38 32 15  112 55 49  46 38 32 31 112 56 28  47 38 32 41 112 57 17  48 38 32 58 112 56 28  49 38 33 27 112 57 43  50 38 33 18 112 56 2  51 38 34 2 112 54 22  52 38 34 41 112 54 4