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Home My WebLink AboutDWQ-2025-002174STATE 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. UGW210005 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 – Blue Mountain Complex Farms Iron County 111 East Broadway STE 1250 Salt Lake City Utah, 84111 hereafter referred to as the Permittee, is granted a Ground Water Discharge Permit for the operation of hog production facilities at 13 existing farm sites southwest of Milford, Utah at the Blue Mountain Iron Farm Complex. The farm sites are located in Sections 27, 28, 33, and 34, T. 29 S., R. 11 W., Salt Lake Base & Meridian, Sections 2, 3, 4, 5, 7, 8, 9, 10, 16, and 19, T. 30 S., R. 11 W., Salt Lake Base & Meridian, and Sections 3, 4, 9, and 10, T. 30 S., R. 12 W., Salt Lake Base & Meridian. 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 June 3, 2019. This permit and authorization to operate shall expire at midnight June 2, 2024. Signed this _____ day of March, 2025. ___________________________________________ John Mackey, P.E. Director TABLE OF CONTENTS PART I SPECIFIC CONDITIONS 1 A. Ground Water Classification 1 B. Background Ground Water Quality 1 C. Ground Water Protection Levels 1 D. Best Available Technology (BAT) Standard 1 E. Compliance Monitoring Requirements 4 F. Non-Compliance Status 8 G. Reporting Requirements 11 H. Compliance Schedule 12 PART II MONITORING, RECORDING AND REPORTING REQUIREMENTS 13 A. Representative Sampling 13 B. Analytical Procedures 13 C. Penalties for Tampering 13 D. Reporting of Monitoring Results 13 E. Compliance Schedules 13 F. Additional Monitoring by the Permittee 13 H. Retention of Records 13 I. Twenty-four Hour Notice of Noncompliance Reporting 14 J. Other Noncompliance Reporting 14 K. Inspection and Entry 14 PART III COMPLIANCE RESPONSIBILITIES 15 A. Duty to Comply 15 B. Penalties for Violations of Permit Conditions 15 C. Need to Halt or Reduce Activity not a Defense 15 D. Duty to Mitigate 15 E. Proper Operation and Maintenance 15 PART IV GENERAL REQUIREMENTS 16 A. Planned Changes 16 B. Anticipated Noncompliance 16 C. Permit Actions 16 D. Duty to Reapply 16 E. Duty to Provide Information 16 F. Other Information 16 G. Signatory Requirements 16 H. Penalties for Falsification of Reports 17 I. Availability of Reports 17 J. Property Rights 18 K. Severability 18 L. Transfers 18 M. State Laws 18 N. Reopener Provision 18 APPENDIX I Farm and Monitoring Well Compliance Limit Summary APPENDIX II Monitoring Well Locations APPENDIX III Summary of Construction Details for Primary and Secondary Lagoons Applicable MANGO II-Milford, LLC Blue Mountain Iron Farm Complex Operations Documents for this permit include but are not limited to: Sampling and Analysis Plan Anaerobic Lagoon Systems Operation and Maintenance Manual (rev. 2015) Spill Prevention and Response Manual (rev. 2015) Sludge Disposal and Farm Closure Plan (rev. 2015) Nutrient Management Plan for Land Application (rev. 2015) Sampling and Analysis Plan (rev. 2015) Manure Drying Program Plan (rev. 2013) PART I SPECIFIC CONDITIONS A. Ground Water Classification Ground water class as defined in UAC R317-6-4 is indicated for each farm site in Appendix I. Ground water classification is determined through background ground water monitoring in the monitoring wells associated with each farm site. At farm site42203 ground water is classified as Class IA, Pristine Ground Water. Farm sites 42100, 42101, 42102, 42103, 42104, 42105, 42106, 42107, 42108, 42200, 42201, and 42202 are underlain by Class II, Drinking Water Quality Ground Water. B. Background Ground Water Quality Ground water quality information is presented in Appendix I. All parameters in Appendix I are in units of mg/l, except pH. Background is defined as the mean concentration in the well during the background monitoring period. For any new wells installed during the permit term, a formal determination of background water quality will be made after completion of accelerated background monitoring as required in Part I.E.5.(c). C. Ground Water Protection Levels Ground water compliance limits for each farm site are presented in Appendix I. Protection levels are based on background sampling performed to date and on the requirements of R314-6-4 as required in Part I.E.5.(c) of this permit. Compliance limits are based on the greater of the protection level or the mean background plus twice the standard deviation. 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. Construction standards for the farm sites covered by this permit are detailed in the construction permits. The construction permits associated with each farm site are listed in Table 1. TABLE 1 Construction Permits Farm Sites Construction Permit 42101, 42102, 42201, 42202 January 27, 1998 42100, 42200 August 10, 2000 42103, 42104, 42203 October 7, 1998 42105, 42106, 42107, 42108 May 1, 2005 These farm sites each have at least one primary lagoon and one containment basin for evaporation. The lagoon systems are sized to accept up to 1.8 cubic feet (for Sow farms) or 2.3 cubic feet (for Nursery farms) of volume per live animal weight (LAW) in the primary lagoon and provide enough surface area for evaporation of water in the containment basin. The primary lagoons and the containment basins are lined with at least a 40-mil high-density polyethylene (HDPE) 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. This information is summarized in Appendix III. Only wastes from the hog-raising operations may be treated in the lagoons. Waste water from the lagoons may be land-applied on an emergency basis as described below at the agronomic rate according to the most recently revised and approved version of the Nutrient Management Plan for Land Application (NMP). For the purposes of this permit, the agronomic rate is defined as the rate where all available nitrogen is taken up by crops or other plants before it can leach below the root zone, and where other waste constituents are applied at rates that do not cause ground or surface water pollution or plant toxicity incompatible with the intended use of the land. Emergency waste generated as a result of significant spills, the cleanup of a contamination event, or the necessary removal of waste from the facility to allow the investigation of a possible leak or to perform repairs may be land applied in accordance with the NMP. Currently the Permittee has 13 farm sites in operation for this permit, and each site has a primary lagoon where manure solids are collected. It is necessary to remove accumulated solids from the bottom of each primary lagoon at the farm sites. Sludge storage volume is engineered for approximately 20 years of accumulation. The Permittee has implemented a program to remove the solids from the lagoons and dry the manure on a drying pad constructed near the lagoon. The manure is a nutrient source and the drying of the manure allows the nutrients to be sold and applied to local cropland at agronomic rates. Drying pad construction will follow the engineering design approved by a licensed Professional Engineer with the Utah Division of Water Quality. 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 lagoon systems according to the construction permits issued previously for the sites. a. Liner - Performance of the FML liner will be evaluated for compliance with the requirements of Part II.E 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 lagoons and 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 lagoons 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. Lagoons - The performance standard for anaerobic lagoons operation is based on operating and maintaining the lagoons 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 sows. Total volumetric lagoon capacity for nursery pigs is based on 1.97 cubic feet per pound of LAW for treatment and 0.29 cubic feet per pound of LAW for a 20-year sludge accumulation. The evaporation basins (secondary lagoons or containment 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 Appendix III. The anaerobic lagoon 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 lagoons will be demonstrated by the monitoring specified in Part I.E.5.b. c. Land Application - Land application is currently limited to the parcels of land contained in the West ½ of Section 27, North ½ of the North ½ of Section 28 and the West ½ of Section 33, T. 29 S., R. 11 W., SLB&M. Land application of wastewater from the farm sites covered by this permit is not planned as a routine method of wastewater treatment, but may be employed in an emergency situation as a result of significant spills, the cleanup of a contamination event, or the necessary removal of waste from a facility to allow the investigation of a possible leak or to perform repairs. Land application of wastes generated at any of the facilities covered by this permit may not be performed on any parcel of land not described above without first notifying and receiving the approval of the Director. Any land application of wastes generated at any of the facilities covered by this permit must be performed in accordance with the most recently revised and approved version of the Nutrient Management Plan for Land Application. d. Manure Drying Pads - 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. Drying pad construction must be performed in accordance with the most recently revised and approved version of the Manure Drying Program Plan. 2. Closure Plan Any lagoon 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 lagoon or lagoon system, the permittee shall submit to the Director a site-specific closure plan for disposition of the liquids, solids and liner material of the lagoon(s) to be closed. A plan for land application of the liquids and solids at appropriate agronomic rates, on-site or at manure drying pads, or other disposal methods, will be submitted for approval by the Director. The lagoon 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. E. 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 Part I.E.5 to assure compliance with the terms of this permit. 1. 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 lagoon seepage. Under the provisions of this permit, ground water contamination in the shallow aquifer under the lagoon 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 lagoon 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 and status of the wells are described in Appendix II. Information for any new wells installed for the farm sites covered under this permit shall be submitted to the Director and includes: well identification, latitude and longitude relative to NAD83, hinge elevation,and the well construction log. 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 Period The permittee shall conduct the monitoring detailed in Part I.E.5 for the term of the permit. 3. Monitoring Requirements The permittee shall comply with the ground water standards, compliance limits listed in Appendix I of this permit, and other monitoring requirements contained in the Utah Ground Water Quality Protection Regulations (UAC R317-6). The monitoring required in Part I.E.5 is based on compounds which may be discharged to ground water or may characterize ground water from different sources and which may be sampled at monitoring wells. The 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, which could impair beneficial uses of the ground water, even though the permit does not require monitoring for them. 4. Protection Levels and Compliance Limits a) Application - The monitoring requirements listed below in Part I.E.5 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. b) Exceedance in Upgradient Well - If the compliance limits referenced in Part I.C 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 I.F. 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. 5. 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. 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 I.E.5.d. 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 semi-annual 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 according to Part II.B accompanied by any supporting raw data. 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. Compliance Monitoring – In addition to the semi-annual Ground Water Compliance Monitoring, major ion sampling will be performed for one year (two semi-annual samples) from all wells at eight farm locations (42100, 42101, 42102, 42103, 42104, 42200, 42201, and 42202). Laboratory parameters to be measured for the annual monitoring, in addition to the semi-annual monitoring, shall be sulfate, sodium, potassium, magnesium, and calcium. Sample collection, handling and analysis shall be conducted in accordance with the most recently revised and approved version of the Sampling and Analysis Plan. Water Supply and Production Wells - All water supply and production wells supporting the activities at the farm sites covered by this permit shall be monitored annually for Nitrate plus Nitrite as Nitrogen and Total Dissolved Solids (TDS). 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 analytical results and any supporting raw data shall be submitted to the Division of Water Quality with the next Semi-annual Ground Water Quality Monitoring Report according to Part II.B Lagoon Waste Water - The waste water from a representative operating primary manure lagoon at a nursery (42201), and sow (42101) farm site in the Blue Mountain Complex shall be analyzed annually for the following parameters: temperature, specific conductance, pH, nitrate plus nitrite as nitrogen, ammonia as nitrogen, 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 according to Part II.B. Lagoon Sludge - Sludge sampling at the primary lagoon at a nursery (42201), sow (42101), and finisher (42301) farm site in the Blue Mountain Complex shall be analyzed annually for the following parameters: temperature, specific conductance, pH, nitrate plus nitrite as nitrogen, ammonia as nitrogen, 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 according to the most recently revised and approved version of the Sludge Disposal and Farm Closure Plan. Samples shall be taken in the late summer when parameter concentrations should be at their yearly maximum. The results of this sludge sampling 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 according to Part II.B. Lagoon Performance Monitoring - Lagoon performance monitoring shall be conducted annually according to the most recently revised and approved version of the Anaerobic Lagoon Systems Operation and Maintenance Manual. Samples will be analyzed for: temperature, specific conductance, pH, nitrate plus nitrite as nitrogen, ammonia as nitrogen, 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. Results of the lagoon performance monitoring accompanied by any supporting raw data shall be submitted to the Division of Water Quality according to Part II.C Lagoon Sludge Profiling - Sludge profiling of all primary lagoons shall be conducted annually at one third of the farms to ensure that each primary lagoon has been profiled every three years by the permittee according to the most recently revised and approved version of the Sludge Disposal and Farm Closure Plan. Samples will be analyzed for: temperature, specific conductance, pH, nitrate plus nitrite as nitrogen, ammonia as nitrogen, 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 The results of this profiling accompanied by any supporting raw data shall be submitted to the Division of Water Quality according to Part II. D. c) Background Ground Water Quality Monitoring - Background ground water quality has been established in the upgradient monitoring wells for all the farm sites covered by this permit for the purpose of establishing protection levels and compliance limits. The samples were 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 raw data shall be submitted to the Division of Water Quality with the next Semi-annual Ground Water Quality Monitoring Report according to Part II.B 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. For the purpose of constructing ground water potentiometric surface contour maps, ground water elevation data shall be collected within 48 hours for each farm site and two months for the entire Blue Mountain Iron Farm Complex. Ground water potentiometric contour maps shall be constructed from these data and submitted to the Division of Water Quality with the next Semi-annual Ground Water Quality Monitoring Report according to Part I.G. 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, the 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 downgradient well according to Part I.E.5.c. Alternatively, the permittee may propose another method of compliance monitoring within 90 days of the determination that upgradient-downgradient comparison is not possible. F. Non-Compliance Status 1. Probable Out-of-Compliance Status - The permittee shall evaluate results of each ground water sampling event to determine any exceedance of the Ground Water Compliance Summary found in Appendix 1. Upon determination that a Ground Water Protection Level has been exceeded at any downgradient compliance monitoring well, the permittee shall: a. Immediately re-sample the monitoring well(s) 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 exceedance of any one parameter listed in Part I.C 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. 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 or compliance limit. Out of compliance status for exceedance of bicarbonate occurs only when their respective compliance limits are 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 Utah Department of Environmental Quality 24 hour number, (801) 536-4123. 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 I.F. 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, if the contamination is caused by facilities or activities for which the permittee is responsible. 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 wells. 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 construction or performance standards outlined in Part I.D of this permit, the permittee shall submit to the Director a notification and description of the violation in accordance with Part II.I 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 I.F.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. 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 permittee 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 according to Part II.B G. Reporting Requirements 1. Semi-Annual Ground Water Monitoring - monitoring required in Part I.E.5 above shall be reported according to the schedule in Table 3 below, unless modified by the Director: Table 3: Semi-Annual Compliance Monitoring Report Schedule Monitoring Period Report Due Date January through June August 1 July thru December February 1 2. 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. 3. Ground Water Quality Sampling - reporting will include: Field Data Sheets - or copies thereof, including the field measurements, required in Part I.E.5.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. 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. Well Construction - All data associated with newly installed compliance and monitoring wells will be provided to the Director. This information includes the well identification, latitude and longitude relative to NAD83, well installation date, depth to ground water, and well construction information. 4) Water Supply and Production Well Report - The results of water supply and production well use throughout the Blue Mountain Iron Farm Complex, 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. 5) Lagoon Waste Water and Sludge Monitoring Report – The results of the annual lagoon waste water and sludge monitoring report 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. 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 - In addition to submittal of the hard copy data, above, the permittee will electronically submit all required ground water monitoring data (analytical ground water results, water level measurements, water supply, lagoon waste water and sludge analytical results, sludge profile monitoring data, and the lagoon performance data) in the electronic format specified by the Director. A hard copy of the required reports, including data analysis will be provided to the Director. In addition, a pdf version of the full report, including analytical data, will be submitted through the DEQ Web Portal. All analytical data and tables will be provided in xlsx format. The data may be submitted through the online DEQ Submission Portal at https://deq.utah.gov/water-quality/water-quality-electronic-submissions. . H. Compliance Schedule There are no outstanding compliance items at the time of this permit issuance for UGW210005. PART II MONITORING, RECORDING AND REPORTING REQUIREMENTS A. Representative Sampling Samples taken in compliance with the monitoring requirements established under Part I shall be representative of the monitored activity. B. Analytical Procedures Water sample analysis must be conducted according to test procedures specified under 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 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. 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 II.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.D 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 at any location. 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 IV.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 IV.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 I Table 1 are not accurate. APPENDIX I UGW210005 FARM AND MONITORING WELL COMPLIANCE LIMIT SUMMARY * FARM SYSTEM NITRATE + NITRITE (mg/L) BICARBONATE (mg/L) CHLORIDE (mg/L) TOTAL DISSOLVED SOLIDS (mg/L) 42100 2.5 189 722 2716 42101 2.5 256 128 720 42102 2.5 202 132 680 42103 2.5 202 160 834 42104 30 202 150 834 42105 5 150 520 1900 42106 5 150 520 1900 42107 2.5 190 900 3150 42108 2.5 190 900 3150 42200 2.5 182 748 2853 42201 5 185 258 900 42202 5 193 258 900 42203 2.5 220 106 516 pH range for all farms is 6.5 – 8.5 *Ground water protection levels and compliance limits are established in accordance with R317-6-4. Only the highest allowable value is shown in Appendix 1. APPENDIX II MONITORING WELL LOCATIONS Farm Site Well Latitude (North) Longitude (West) Hinge Elevation (feet – amsl) Status 42100 42200MD/ 42100MU 38.08503889 -113.3514222 5135.3 active 42100MD 38.08820278 -113.3463417 5124.9 active 42100MD2 38.08772222 -113.3484417 5131.4 active 42101 42101MU 38.11535556 -113.3581444 5151.8 active 42101MD 38.11723056 -113.3536278 5132.5 active 42102 42102MU 38.116425 -113.3491889 5125 active 42102MD 38.11679444 -113.3465167 5112.8 active 42103 42103 & 4MU 38.10815278 -113.3502333 5131.2 active 42103MD1 38.11186944 -113.3482417 5122.3 active 42103MD2 38.1139 -113.3478222 5116.8 active 42104 42103&4MU 38.10815278 -113.3502333 5131.2 active 42104MD1 38.11001944 -113.3485611 5124.3 active 42104MD2 38.11032222 -113.3459083 5120.3 active 42105 42105-06MU 38.10125833 -113.3501944 5147 active 42105MD 38.10531944 -113.3485194 5139 active 42105MD2 38.10554722 -113.3459278 5128.7 active 42106 42106MD 38.10316667 -113.3485 5140.3 active 42106MD2 38.10339722 -113.3458917 5131.3 active 42107 42107-08MU 38.09388889 -113.3483333 5147.9 active 42107MD 38.09777778 -113.3466667 5140.6 active 42107MD2 38.09805556 -113.3441667 5131.1 active 42108 42108MD 38.09651389 -113.3476583 5142.1 active 42108MD2 38.09659167 -113.3451111 5132.8 active 42200 42200MU 38.083775 -113.3533167 5139.9 active 42200MD/100MU 38.08503889 -113.3514222 5135.3 active 42201 42201MU 38.12740278 -113.3527361 5123.6 active 42201MD/202M 38.12816389 -113.3499333 5110.7 active 42202 42201MD/202M 38.12816389 -113.3499333 5110.7 active 42202MD 38.12831111 -113.3457389 5101.9 active 42203 42203MU 38.13982222 -113.3515361 5100.6 active 42203MD 38.141125 -113.3498472 5094.8 active 42203MD2 38.14106389 -113.3479833 5090.2 active APPENDIX III SUMMARY OF LAGOON CONSTRUCTION DETAILS Farm Site Lagoon Liner Type Liquid Level Length, ft Liquid Level Width, ft Bottom Level Length, ft Bottom Level Width, ft Max. Liquid Depth, ft Wetted Surface at Max. Liquid Depth, acres Operating Volume at Max. Liquid Level Depth, cu. ft 42100 Primary FML 492 492 342 342 25 5.71 4,394,100 Secondary FML 615 615 595 595 3.3 8.71 1,208,390 42101 Primary FML 495 495 345 345 25 5.78 4,456,875 Secondary FML 626 626 606 606 3.3 9.03 1,252,719 42102 Primary FML 495 495 345 345 25 5.78 4,456,875 Secondary FML 626 626 606 606 3.3 9.03 1,252,719 42103 Primary FML 492 492 342 342 25 5.71 4,394,100 Secondary FML 615 615 595 595 3.3 8.71 1,208,390 42104 Primary FML 492 492 342 342 25 5.71 4,394,100 Secondary FML 615 615 595 595 3.3 8.71 1,208,390 42105 Primary FML 503 503 353 353 25 5.97 4,726,440 Secondary FML 590 590 554 554 6 8.15 1,965,048 42106 Primary FML 503 503 353 353 25 5.97 4,726,440 Secondary FML 590 590 554 554 6 8.15 1,965,048 42107 Primary FML 503 503 353 353 25 5.97 4,726,440 Secondary FML 590 590 554 554 6 8.15 1,965,048 42108 Primary FML 503 503 353 353 25 5.97 4,726,440 Secondary FML 590 590 554 554 6 8.15 1,965,048 42200 Primary FML 222 222 102 102 20 1.18 4,106,171 Secondary FML 230 222 204 196 4.2 1.19 1,432,021 42201 Primary FML 305 305 155 155 25 2.22 1,369,375 Secondary FML 512 305 492 285 3.3 3.6 489,052 42202 Primary FML 305 305 155 155 25 2.22 1,369,375 Secondary FML 512 305 492 285 3.3 3.6 489,052 42203 Primary FML 363 363 207 207 26 3.15 16,276,469 Secondary FML 472 472 451 451 3.5 5.15 5,667,100