DSHW-2024-009643

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DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
E&P WASTE FACILITY TEMPORARY PERMIT
Monarch Midstream LLC E&P Waste Facility Temporary Permit Pursuant to the Utah Solid and Hazardous Waste Act, Title 19, Chapter 6, Part 1 (the “Act”) of
the Utah Code and the Utah Solid Waste Permitting and Management Rules, Utah
Administrative Code R315-301 et seq. (the “Rules”) adopted thereunder, this Temporary Permit is issued to: Monarch Midstream LLC as owner and operator (the Permittee),

of the following unclassified, existing Exploration and Production Waste facility as defined more fully in the applications and permit approval letters on file with the Division of Oil, Gas, and Mining:
1. Eight Mile Flat Evaporation Facility (Facility) The Director determined the Permittee’s Temporary Permit Application for the Monarch Midstream LLC Exploration and Production Waste Facility named above was complete on September 26, 2024 (DSHW-2024-009465).
The facility identified above shall be subject to financial assurance in accordance with Condition
V of this Temporary Permit and the Rules. The financial assurance shall be in favor of the
Division of Waste Management and Radiation Control (the “Division”) in the following amount(s): 1. Facility: $1,538,455.00

The Permittee is subject to the requirements of the Act, the Rules, and the requirements set forth herein. All references to the Rules are to regulations in effect on the date that this Temporary Permit becomes effective.
This Temporary Permit shall be issued on the date it is signed by the Director. However, this
Temporary Permit shall not become effective until the date that the financial assurance identified
above is received by the Division, in compliance with Condition V of this Temporary Permit (the “Effective Date”).

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This Temporary Permit shall expire at midnight on the date that is 12 months from the Effective Date.
Issued this day of , 2024.
Douglas J. Hansen, Director
Utah Division of Waste Management and Radiation Control

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FACILITY OWNER AND OPERATOR INFORMATION
FACILITY NAME:

Eight Mile Flat Evaporation Facility
OWNER NAME: Monarch Midstream LLC
OWNER ADDRESS:

5613 DTC Parkway, Suite 310
Greenwood Village, CO 80111
OWNER PHONE NO.:

[phone]
OPERATOR NAME: Glen Hicks
OPERATOR ADDRESS:

11757 Katy Freeway, Ste 500
Houston, TX 77079
OPERATOR PHONE NO.: [phone]
TYPE OF PERMIT: E&P Waste Facility Temporary Permit
LOCATION: 14.6 miles south/southwest of Myton, UT (39° 58’ 55.543” N, 109° 50’ 51.125” W)
PERMIT HISTORY:

The facility listed in this Temporary Permit
historically operated under the regulatory authority of the Utah Department of Natural Resources Division of Oil, Gas, and Mining.

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DEFINITIONS
A. “Act” means the Utah Solid and Hazardous Waste Act, Utah Code § 19-6-101 et seq.
B. “Class VII Landfill” means a landfill that is permitted by the Director for the disposal of exploration and production waste.
C. “Director” means the Director of the Division of Waste Management and Radiation
Control. D. “Division” means the Division of Waste Management and Radiation Control.
E. “DOGM” means the Division of Oil, Gas, and Mining.
F. “Effective Date” means the date that the financial assurance identified above is received by the Division, in compliance with Condition V of this Temporary Permit.

G. “Existing E&P Facility” means a facility that had an active valid permit or other valid approval from DOGM on October 1, 2023, for an oil and gas exploration and production waste management facility.
H. “Exploration and production waste” or “E&P waste” means solid waste that is
intrinsically derived from the primary field operations associated with the exploration,
development, or production of crude oil or natural gas, but only to the extent the waste is
exempt from hazardous waste regulation according to Utah Admin. Code R315-261-
4(b)(5).

I. “Facility” or “Facilities” means an Existing E&P Facility or Existing E&P Facilities that treat or dispose of E&P waste and is the subject of this Temporary Permit. J. “Free liquids” means liquids which readily separate from the solid portion of a waste
under ambient temperature and pressure or as determined by Test Method 9095B, Paint
Filter Liquids Test, as provided in EPA Publication SW-846, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” available at the U.S. EPA Hazardous Waste Test Methods/SW-846 website.
K. “High liquid waste” means nonhazardous solid waste that is liquid in its natural state,
contains free liquids, or is expected to liquefy or vaporize under the circumstances that it is managed or disposed. L. “Landfarm” means a discrete area of land used to treat or bioremediate exploration and
production waste through volatilization, oxidation, and the use of aerobic
microorganisms.

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M. “Legacy waste” means oil contaminated soils and associated solid waste materials previously managed through bioremediation at landfarms permitted by DOGM but that
were not released under a DOGM permit.
N. “Rules” mean the solid waste management rules, Utah Admin. Code R315-301 through 322.
O. “Solid waste surface impoundment” means a solid waste management facility or any part
of such facility that is a natural topographic depression, human-made excavation, or a diked area that is designed to hold nonhazardous high liquid waste, leachate, or sludge, to dispose of, reduce the volume of, or otherwise separate or treat the waste.
P. “Temporary Permit” means this document and the associated attachments issued to the
owner or operator of an Existing E&P Facility.

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GENERAL PERMIT CONDITIONS
CONTROLLING TERMS
Where differences in wording exist between this Temporary Permit and the attachments to this Temporary Permit, the wording of this Temporary Permit supersedes that of the attachments.
1. COMPLIANCE NO DEFENSE
Compliance with this Temporary Permit does not constitute a defense to actions brought
under any other local, state, or federal laws. This Temporary Permit does not exempt the Permittee from obtaining any other local, state, or federal permits or approvals required for the Facility’s operation.
2. EFFECT OF PERMIT
The issuance of this Temporary Permit does not convey any property rights, in either real
or personal property, or any exclusive privileges. Nor does this Temporary Permit authorize any injury to private property or any invasion of personal rights, nor any infringement of local, state, or federal laws or regulations, including zoning ordinances.
3. SEVERABILITY
The provisions of this Temporary Permit are severable. If any provision of this
Temporary Permit is held invalid for any reason, the remaining provisions shall remain in full force and effect. If the application of any provision of this Temporary Permit to any circumstance is held invalid, its application to other circumstances shall not be affected.
4. INCORPORATION OF ATTACHMENTS
Attachments to this Temporary Permit are incorporated by reference into and made part
of this Temporary Permit, as are documents incorporated by reference into the attachments, provided that the facilities or sites identified therein had an active valid permit or other valid approval from the Utah Division of Oil, Gas, and Mining on or before October 1, 2023. All representations made in the attachments of this Temporary
Permit are enforceable under Utah Admin. Code R315-301-5(2).
5. CONTENTS OF TEMPORARY PERMIT APPLICATION All contents, materials, and statements submitted as the Temporary Permit Application, provided that the facilities or sites identified therein had an active valid permit or other valid approval from the Utah Division of Oil, Gas, and Mining on or before October 1,
2023 and meet the requirements of the Rules, shall become a part of this Temporary Permit under Utah Admin. Code R315-310-2(6). The Director does not endorse, adopt, or incorporate into this Temporary Permit contents, materials, or statements in the Temporary Permit Application that do not meet the requirements of the Rules.
6. ENFORCEABILITY
Violations of the Act, the Rules, or the terms of this Temporary Permit shall subject the
Permittee to enforcement pursuant to Utah Code §§ 19-6-112 to 19-6-113, Utah Admin. Code R315-317-3, and other applicable law and procedures. By this Temporary Permit, the Permittee is subject to the following conditions.

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SPECIFIC PERMIT CONDITIONS
I. GENERAL COMPLIANCE RESPONSIBILITIES
I.A. Compliance with the Act, the Rules, and this Temporary Permit
I.A.1. The Permittee shall operate the Facility or Facilities in accordance with all applicable requirements of the Rules that are in effect as of the date of issuance of this Temporary Permit, unless otherwise noted in this Temporary Permit. Any noncompliance with this Temporary Permit or noncompliance with any applicable portions of the Act or the
Rules constitutes a violation of this Temporary Permit or applicable statute or rule and
is grounds for appropriate enforcement action, including but not limited to Temporary Permit revocation, modification, termination, or denial of a request to renew or extend this Temporary Permit.
I.B. Acceptable Waste for Existing E&P Facilities Other than Solid Waste Surface
Impoundments
I.B.1. The Permittee may receive and manage the following wastes and materials at Existing E&P Facilities other than solid waste surface impoundments:
I.B.1.a E&P waste that does not contain free liquids or constitute high liquid waste;
I.B.1.b Nonhazardous materials received in regular quantities used for the absorption of free
liquids and stabilization in connection with the management or disposal of E&P waste,
such as ash, saw dust, gypsum, and nonhazardous petroleum contaminated soils; and
I.B.1.c Nonhazardous solid waste generated incidental to oil and gas exploration and production and related operations.
I.B.2. The Permittee may accept wastes and materials listed in Condition I.B.1. for temporary
management in anticipation of future disposal in accordance with Condition III.C. of this Temporary Permit.
I.C. Prohibited Waste for Existing E&P Facilities Other than Solid Waste Surface Impoundments
I.C.1. The Permittee is prohibited from receiving and managing the following wastes at
Existing E&P Facilities other than solid waste surface impoundments:
I.C.1.a Any waste that is not an Acceptable Waste, as defined by Condition I.B. of this Temporary Permit; and
I.C.1.b High liquid waste without first stabilizing the high liquid waste sufficient to determine that the waste contains no free liquids in accordance with the requirements set forth in
Condition III.C. of this Temporary Permit.
I.D. Acceptable Waste for Solid Waste Surface Impoundments
I.D.1. The Permittee may accept the following waste in solid waste surface impoundments:

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I.D.1.a Nonhazardous high liquid waste, including:
Noncontainerized liquids; and
E&P waste;
I.D.1.b Sludge containing free liquids; and
I.D.1.c Leachate recovered from a landfill cell that does not accept hazardous waste from very small quantity generators.
I.E. Prohibited Waste for Solid Waste Surface Impoundments
I.E.1. The Permittee is prohibited from accepting waste in a solid waste surface impoundment
that is not listed in Condition I.D. of this Temporary Permit.
I.F. Inspections and Inspection Access
I.F.1. The Permittee shall allow the Director or an authorized representative or representatives from the local health department, with or without prior notice, to enter
at reasonable times to:
I.F.1.a Inspect the Facility or other premises, practices, or operations regulated or required under the terms and conditions of the Act, the Rules, and this Temporary Permit;
I.F.1.b Have access to and make copies of any records required to be kept under the terms and conditions of the Act, the Rules, and this Temporary Permit;
I.F.1.c Inspect any loads of waste, treatment facilities or processes, pollution management
facilities or processes, or control facilities or processes required under the Act, the Rules, and this Temporary Permit; and
I.F.1.d Use photographic equipment, video camera, electronic recording device, or any other reasonable means to record information during an inspection.
I.G. Noncompliance
I.G.1. If monitoring, inspection, or testing indicates that any condition of this Temporary Permit or any applicable requirement under the Act or the Rules may be or is being violated, the Permittee shall promptly make corrections to the operation or other activities to bring the Facility into compliance with the Act, the Rules, and this
Temporary Permit.
I.G.2. In the event of noncompliance with a condition of this Temporary Permit or violation of the Act or the Rules, the Permittee shall:
I.G.2.a Promptly take any action reasonably necessary to correct the noncompliance or violation and mitigate any risk to human health or the environment. Actions may
include, but are not limited to, the Permittee eliminating the activity causing the
noncompliance or violation and containment of any waste or contamination using

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barriers or access restrictions, placing warning signs at the Facility, or permanently closing all or certain areas of the Facility;
I.G.2.b Document the noncompliance or violation in the daily operating record, on the day the
noncompliance occurred or the day it was discovered;
I.G.2.c Notify the Director by telephone within 24 hours, or the next business day following documentation of the noncompliance or violation; and
I.G.2.d Give written notice of the noncompliance or violation and measures taken to protect
human health and the environment to the Director within seven days of documenting
the noncompliance or violation.
I.G.3. Within thirty days after the documentation of the noncompliance or violation, the Permittee shall submit to the Director a written report describing the nature and extent of the noncompliance or violation and the remedial measures taken or to be taken to
protect human health and the environment and to correct the noncompliance or
violation. Upon receipt and review of the written report, the Director may order the Permittee to perform appropriate remedial measures, such as development of a site remediation plan for approval by the Director.
I.G.4. In an enforcement action, the Permittee may not claim as a defense that it would have
been necessary to halt or reduce the permitted activity in order to maintain compliance
with the Act, the Rules, and this Temporary Permit.
II. CONSTRUCTION AND EXPANSION
II.A. Construction Prohibited
II.A.1. The Permittee is prohibited from constructing new Class VII Landfills or solid waste
surface impoundments under this Temporary Permit.
II.B. Expansion Upon Director Approval
II.B.1. The Permittee shall not expand Existing E&P Facilities without first receiving written approval from the Director.
III. FACILITY OPERATION
III.A. Plan of Operation
III.A.1. As to each Facility identified on the Cover Page of this Temporary Permit, all relevant applications, plans, designs, and other agreements set forth in the Permittee’s administrative file with DOGM that are part to the latest DOGM approval to operate, and all administrative orders that are part of or follow the latest DOGM approval to
operate, shall be deemed to constitute the Permittee’s Plan of Operation. Such DOGM
agency files are hereby designated as Division files for purposes of this Temporary Permit.

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III.A.2. At all times, the Permittee shall keep the Plan of Operation included in Attachment 1 at the Facility and operate the Facility in accordance with the Plan of Operation.
III.A.3. The Permittee shall protect threatened or endangered species as required by Utah
Admin. Code R315-302-1(2)(a)(ii) and maintain floodplain protection controls in accordance with Utah Admin. Code R315-302-1(2)(c)(ii).
III.A.4. The Permittee may modify the Plan of Operation following the procedures of Condition V.D. of this Temporary Permit. The Permittee shall note any modification to the Plan
of Operation in the daily operating record.
III.B. Managing Legacy Waste
III.B.1. The Permittee may manage Legacy Waste during the duration of this Temporary Permit.
III.B.2. If the Permittee is to manage Legacy Waste during the duration of this Temporary
Permit, the Permittee shall manage Legacy Waste in a manner that:
III.B.2.a Reduces the overall footprint or total acreage of the Legacy Waste;
III.B.2.b Prevents discharge of Legacy Waste into surface or ground water;
III.B.2.c Keeps Legacy Waste within the Facility’s boundaries; and
III.B.2.d Facilitates future disposal of Legacy Waste in a permitted landfill.
III.C. Accepting E&P Waste for Temporary Management and Future Disposal
III.C.1. The Permittee may accept E&P waste for temporary management in anticipation of future disposal at an Existing E&P Facility other than a solid waste surface impoundment if the Permittee:
III.C.1.a Manages E&P waste in a designated area of the Facility; and
III.C.1.b If the E&P waste contains free liquids or constitutes high liquid waste, the Permittee stabilizes the E&P waste by blending with suitable material, which may be or include Legacy Waste.
III.D. Landfarm Transition Plan
III.D.1. If this Temporary Permit covers an Existing E&P Facility that is not a solid waste
surface impoundment, the Permittee shall submit to the Director a Landfarm Transition
Plan that complies with Condition III.D. of this Temporary Permit within 90 days of the Effective Date of this Temporary Permit.
III.D.2. The Permittee’s Landfarm Transition Plan shall include, at a minimum:
III.D.2.a The location, acreage, and metes and bounds of the proposed Class VII Landfill;
III.D.2.b Design and construction documents, including as-built drawings, for the proposed Class VII Landfill;

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III.D.2.c Proposed actions to manage and dispose of Legacy Waste that exists outside of the proposed Class VII Landfill;
III.D.2.d Documentation demonstrating when construction of the proposed Class VII Landfill is
expected to be complete;
III.D.2.e As applicable, plans for closing the Existing E&P Facility in accordance with the Rules; and
III.D.2.f A schedule for completing Conditions III.D.2.a through III.D.2.e of this Temporary
Permit, projected intermediate milestones, and specific dates within the one-year period
this Temporary Permit is effective.
III.E. Solid Waste Surface Impoundment Operations
III.E.1. The Permittee shall maintain and operate unloading structures to adequately process the waste received each day.
III.E.1.a The Permittee shall immediately clean up spills outside of the lined area to soil
background levels.
III.E.2. The Permittee shall perform leak detection monitoring at each leak detection riser when liquid waste is present inside of the solid waste surface impoundment.
III.E.3. Leak detection monitoring shall be:
III.E.3.a Performed with no greater than five days between monitoring surveys, and on each day
that waste is received in the solid waste surface impoundment; and
III.E.3.b Recorded in the Facility’s operating record.
III.E.4. If the Permittee detects a liner leak, the Permittee shall:
III.E.4.a Provide verbal notification to the Director within 24 hours of detecting the leak;
III.E.4.b Submit written notification to the Director within five days of detecting the leak; and
III.E.4.c Submit a written schedule for conducting repair within 15 days of detecting the leak, including repair procedures with the following details:
Methods used to remove liquids and solids as necessary from the surface impoundment;
Management of waste removed;
Location of the leak;
Repair of the leak;
Testing of the repair; and
Procedures for resuming operations.

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III.E.5. Each solid waste surface impoundment shall be operated with a minimum of three feet of freeboard.
III.E.6. The Permittee shall operate the solid waste surface impoundment to separate oil from
the produced water fraction of E&P waste and shall not discharge the oil into the solid waste surface impoundment.
III.E.6.a Hydrocarbon accumulation, other than de minimis quantities, on a solid waste surface impoundment is prohibited.
III.E.6.b Any hydrocarbon accumulation on a solid waste surface impoundment shall be
removed within 24 hours of the time accumulation began.
III.E.7. Overspray including foam, from sprinklers, wind, or enhanced evaporation systems, outside of lined areas shall be prevented.
III.E.7.a Operation of enhanced evaporation systems is prohibited when wind speeds at the unit
are equal to or greater than 15 mph.
If overspray outside of the unit perimeter occurs, the Permittee shall correct and clean up the soil to background levels immediately, or as soon as wind speeds allow.
III.F. Security
III.F.1. The Permittee shall operate the Facility so that unauthorized entry to the Facility is restricted.
III.F.2. To ensure security, the Permittee shall:
III.F.2.a Lock all Facility gates and other access routes while the Facility is closed;
III.F.2.b Have at least one person employed by the Permittee at the Facility while the Facility is
open; and
III.F.2.c Construct and maintain all fencing and any other access controls as required by Utah Admin. Code R315-303-3(7)(a) to prevent access to the Facility by the public and large animals.
III.G. Training
III.G.1. The Permittee shall train on-site personnel in Facility operation, including but not
limited to waste load inspection, hazardous waste identification, personal safety and protection, and documentation and notification requirements.
III.H. Burning of Waste
III.H.1. Intentional burning of solid waste is prohibited and is a violation of Utah Admin. Code
R315-303-4(2)(b).
III.H.2. The Permittee shall take reasonable steps to prevent igniting accidental fires, maintain adequate fire protection to control any fires that may occur at the Facility, and

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extinguish all accidental fires that ignite despite these steps as soon as reasonably possible.
III.I. Solid Waste Surface Impoundment Deterrence Measures
III.I.1. If operation of the Facility results in waste attracting or providing food for vectors or wildlife, the Permittee shall use control methods, such as flagging, netting, or other measures to deter birds and waterfowl from solid waste surface impoundments.
III.J. Inspections
III.J.1. The Permittee shall comply with the inspection requirements of Utah Admin. Code
R315-302-2(5).
III.K. Recordkeeping
III.K.1. The Permittee shall comply with the recordkeeping requirements of Utah Admin. Code R315-302-2(3)(a), R315-302-2(3)(b)(i), R315-302-2(3)(b)(iii), R315-302-2(3)(b)(iv), and R315-302-2(3)(b)(vi).
III.L. Reporting
III.L.1. The Permittee shall comply with the reporting requirements of Utah Admin. Code R315-302-2(4).
III.M. Roads
III.M.1. The Permittee shall maintain all access roads at the Facility that are used for transporting waste to assure safe and reliable all-weather access to, from, and within the Facility.
III.N. Groundwater Monitoring
III.N.1. The Permittee shall maintain existing groundwater monitoring technology or leak
detection equipment and associated monitoring at the Facility.
IV. CLOSURE AND POST-CLOSURE PLANS
IV.A. Closure of Existing E&P Facility Other than Solid Waste Surface Impoundments
IV.A.1. If the Permittee plans to close an Existing E&P Facility that is not a solid waste surface
impoundment, the Permittee shall submit plans to close the Facility to the Director in
accordance with the Act and the Rules.
IV.A.1.a The Permittee shall submit plans to close the Facility with its Landfarm Transition Plan under Condition III.D. of this Temporary Permit.
IV.A.2. The Permittee shall not begin closing an Existing E&P Facility that is not a solid waste
surface impoundment until the Director approves the Permittee’s closure plan in
writing.

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IV.B. Closure of Solid Waste Surface Impoundments
IV.B.1. If the Permittee plans to close a solid waste surface impoundment, the Permittee shall
submit plans to close the solid waste surface impoundment to the Director in
accordance with the Act and the Rules.
IV.B.1.a The Permittee shall submit closure and post-closure plans for the solid waste surface impoundment to the Director within 90 days of the Effective Date of this Temporary Permit.
IV.B.2. The Permittee shall not begin closing a solid waste surface impoundment until the
Director approves the Permittee’s closure and post-closure plans in writing.
V. ADMINISTRATIVE REQUIREMENTS
V.A. Financial Assurance
V.A.1. This Temporary Permit shall not become effective until the day the Permittee posts
such financial assurance in favor of the Division.
V.A.1.a The Permittee shall post financial assurance in favor of the Division no later than 60 days after the Issued date of this Temporary Permit equal to or greater than the amount identified in this Temporary Permit.
V.A.2. In the event the Permittee defaults on its closure and reclamation responsibilities, the
Director may use the financial assurance to implement appropriate closure, reclamation,
and monitoring activities.
V.B. Financial Assurance Annual Update
V.B.1. If requested by the Director, the Permittee shall update the financial assurance to adjust for inflation or facility modification that would affect closure or post-closure costs in
accordance with Utah Admin. Code R315-309-2(2). If applicable, the Permittee shall provide this update to the Director as part of the Annual Report required by Utah Admin. Code R315-302-2(4).
V.C. Temporary Permit Revocation
V.C.1. This Temporary Permit is subject to revocation if the Permittee fails to comply with
any condition of this Temporary Permit. The Director will notify the Permittee in
writing prior to any proposed revocation action and such action shall be subject to all applicable procedures established under Utah Admin. Code R315-124-5 and the Utah Administrative Procedures Act, Utah Code § 63G-4-101 et seq.
V.D. Temporary Permit Modification
V.D.1. Modifications to this Temporary Permit may be made by the Permittee or by the
Director in accordance with the procedures specified in Utah Admin. Code R315-311-2.

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V.D.1.a The Permittee may initiate a modification by submitting a written request to the Director. The Director may initiate a modification by giving written notice to the
Permittee.
V.E. Temporary Permit Expiration and Class VII Facility Permit Application
V.E.1. This Temporary Permit shall expire 12 months from the Effective Date.
V.E.2. Within 180 days of the Effective Date of this Temporary Permit, the Permittee shall submit a Class VII Facility permit application to the Director that complies with the Act
and the Rules.
V.E.2.a If the Permittee submits a complete Class VII Facility permit application within 180 days of the Effective Date of this Temporary Permit, the Permittee may continue to operate during the permit review period and shall continue to comply with the conditions of this Temporary Permit.
V.E.2.b If the Permittee fails to submit a Class VII Facility permit application within 180 days
of the Effective Date of this Temporary Permit or fails to submit a complete application within the same time period, the Permittee is prohibited from receiving waste upon expiration of this Temporary Permit unless a renewal or extension is approved in accordance with Condition V.F.1. of this Temporary Permit or until the Permittee
submits and receives approval of a Class VII Facility permit application.
V.F. Temporary Permit Renewal or Extension for Good Cause
V.F.1. This Temporary Permit shall neither be renewed, nor its duration extended, unless the Permittee demonstrates good cause for renewal, and the Director extends the duration of this Temporary Permit in writing.
VI. ATTACHMENTS
Attachment #1 – Eight Mile Flat Evaporation Facility Plan of Operation