DWQ-2024-000283

STATE OF UTAHDEPARTMENT OF ENVIRONMENTAL QUALITYDIVISION OF WATER QUALITYWATER QUALITY BOARDP.O. BOX 144870SALT LAKE CITY, UTAH 84114-4870Ground Water Discharge PermitPermit No.UGW270014
In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Annotated 1953, as amended, the Act,Advanced Clean Energy Storage I, LLC
3165 East Millrock Drive, Suite 330
Holladay, UT 84121
hereafter referred to as the Permittee, is granted a Ground Water Discharge Permit for a cooling and blowdown water pond in Millard County, Utah. The Advanced Clean Energy Storage (ACES)
hydrogen cracking facilitycooling and blowdown waterpondislocated at Latitude 39.483° North, Longitude -112.601° Weston the following tracts of land (Salt Lake Base and Meridian):
Name
Section
Township
Range
Allotment
Cooling and Blowdown water pond
26
15 South
7 West
South 1/2
This permit is based on representation made by the Permittee and other information 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 _________________________, 2024.
This permit and authorization to operate shall expire at midnight_________________________, 2029.
___________________________________________
John K. Mackey, P.E.
Director
Utah Division of Water Quality
TABLE OF CONTENTSPART ICONSTRUCTION PERMIT ISSUANCE1A.Authorized Design and Construction1PART IISPECIFIC CONDITIONS2A.Ground Water Classification2B.Ground Water Quality2C.Ground Water
Protection Levels2D.Permitted Facilities and Best Available Technology Standard3E.Compliance Monitoring Requirements3F.Non-Compliance Status5G.Reporting Requirements6H.Compliance Schedule7PART
IIIMONITORING, RECORDING AND REPORTING REQUIREMENTS9A.Representative Sampling9B.Analytical Procedures9C.Penalties for Tampering9D.Reporting of Monitoring Results9E.Compliance Schedules9F.Additional
Monitoring by the Permittee9G.Records Contents9H.Retention of Records10I.Twenty-four Hour Notice of Noncompliance Reporting10J.Other Noncompliance Reporting10K.Inspection and Entry10PART
IVCOMPLIANCE RESPONSIBILITIES11A.Duty to Comply11B.Penalties for Violations of Permit Conditions11C.Need to Halt or Reduce Activity not a Defense11D.Duty to Mitigate11E.Proper Operation
and Maintenance11PART VGENERAL REQUIREMENTS12A.Planned Changes12B.Anticipated Noncompliance12C.Permit Actions12D.Duty to Reapply12E.Duty to Provide Information12F.Other Information12G.Signatory
Requirements12H.Penalties for Falsification of Reports13I.Availability of Reports13J.Property Rights13K.Severability13L.Transfers13M.State Laws14N.Reopener Provision14
TablesTable 1Background Ground Water QualityTable 2Interim Ground Water Protection LevelsTable 3Maximum Allowable Liner Leakage Rate
Attachments
Appendix AConstruction Permit Plans and Specifications
Appendix BGroundwater Monitoring Plan, ACES, LLC
Appendix CCooling and Blowdown Water Evaporation PondOperating Manual
PART ICONSTRUCTION PERMIT ISSUANCE
Authorized Design and ConstructionAs part of this ground water discharge permit, a construction permit will be issued to ACESto construct the cooling water and blowdown water pond, and
ancillary support facilities. The construction permit will be issued concurrently with this permit for the pond.Under authority of the Utah Water Quality Act, Section 19-5-108(1) Utah
Code Ann. 1953, as amended and Utah Administrative Code R317-1, the authorized facilities will be constructed in accordance with the engineering design plans and specifications attached
as Appendix A. Appendix A also includes the construction permits authorized by the Director. Part II.D of this permit describes the Best Available Technology (BAT) standards for these
permitted facilities.The authorized evaporation pond isconstructed in accordance with the engineering design plans and specifications approved by the Construction Permit.The evaporation
pond isconstructed with a composite liner system with one leak detection recovery system. The pond footprintisapproximately 34 acres with maximum allowable storage capacity of approximately
25 acres in area and 345 acre-feet of volume.Design components include:
60-mil HDPE Primary Liner – a 60-mil high density polyethylene single-sided geomembraneprimary linerwill be installed to cover the pond basin and interior embankment slopes.
Quadrants – The pond bottom will be graded into four quadrants with each containing a sump and collection system.Leak Detection and Infiltration Prevention (LCIP) Layer – underlying
the primary liner the pond bottom in each quadrant will be graded to include approximately five 20-foot wide leak collection swales. Each swale will run from the high-point in the quadrant
to a collection trench and pipe around the interior base of the berms. The swales and collection trenches and pipes will flow to a lined sump in each quadrant. The swales and collection
trenches will be lined with 60-mil HDPE liner material. The swales and trenches will be filled with a select gravel and wrapped in geotextile to prevent stippling of the primary liner
and to allow flow from the primary liner into the collection swales and trenches. These swales, collection trenches, and sumps will serve as a leak detection system and to reduce overall
incidental leaking and infiltration from the primary liner due to accepted manufacturing pinholes and installation imperfections which are factored into the leak rate.
Leak Detection Monitoring – The leak detection and infiltration reduction system will allow any liquids that collect in the sumps in each quadrant to be pumped back into the pond.Volumes
of liquids collected in the sumps will be monitored and compared to the primary liner leak rate divided for each quadrant. This will provide early detection of leaks from the primary
liner. Due to some liners performing better than manufacturer expectations for the leak rate, the sumps volumes will be recorded and pond specific leak rates for the sumps will be developed
for more sensitive detection of increased flow to the sumps and better leak detection.Leak Detection Piezometers – Three piezometers will be installed in the down-gradient berms to monitor
water levels within the embankment to assess potential leakage from the pond and the stability of the berm.
PART IISPECIFIC CONDITIONS
A.Ground Water Classification
Based on ground water quality data submitted in the permit application and offsite monitoring wells, ground water at the site is defined as Class II Drinking Water Quality Ground Water.

B.Background Ground Water Quality
Table 1 provides background ground water quality data from wells completed in the aquifers and zones located east of the cooling and blowdown water pond in the vicinity of the ACES brine
evaporation ponds.
Table 1: Background Ground Water Quality
Aquifer
Water Table (Nov 2017)
Water Table (Nov 2017)
Shallow Artesian (May 2013)
Deep Artesian (May 2013)
Well
B-P1-4
B-P1-9
Egg Farm
IPP
Parameter (mg/l)
Alkalinity (as CaCO3)
229
299
Chloride
103
157
64
37
Sulfate
39
60
66
27
Total dissolved solids
448
652
328
249
Calcium
20
163
17
15.2
Magnesium
22
58
7
9.2
Potassium
8
13
2
3.5
Sodium
114
149
75
48
pH (units)
8.1
7.7
7.9
7.07
Conductivity (umhos/cm)
808

1090
565
410
units = mg/L
C.Ground Water Protection Levels
Groundwater quality monitoring of the water table aquifer around the cooling and blowdown water pond will be conducted using the following monitoring wells following installation and
development: EVM-201, EVM-202, EVM-203, EVM-204, and EVM-205.Following an accelerated sampling program and data evaluation, this list might be modified.
Table 2 provides interim ground water protection levels for the water table aquifer. These protection levels are based on Table 1 and shallow water table aquifer water samples collected
from nearby brine evaporation pond monitoring wells. These interim protection levels will be adjusted if necessary following the accelerated sampling period for newly installed monitoring
wells. See Part II.H.1 for details.Table 2: Interim Ground Water Protection Levels
Parameter
Protection Level (mg/l)
pH (units)
6.5-8.5(a)
Chloride
150
Sodium
200
Total Dissolved Solids
750Class II Ground Water Quality StandardD.Permitted Facilities and Best Available Technology (BAT) Standard1.Authorized Construction - the project facilities authorized by this permit
consist the cooling and blowdown water pond, and ancillary support facilities for the future planned hydrogen production facility,
2.BAT Performance Monitoring - Best available technology monitoring will include a minimum vertical freeboard, maximum allowable leakage rate, and maximum allowable head monitoring.
These performance standards are based on Equations for Calculating the Rate of Liquid Migration through Composite Liners due to Geomembrane Defects (Giroud, 1997).
a.Minimum Vertical Freeboard – a minimum of 36 inches of vertical freeboard shall be maintained to ensure total containment of the evaporation/surge pond and peripheral ditches.
b.Maximum Allowable Leakage Rate Manufacturer– based on the maximum pond capacity of 34acres (freeboard level three feet below the inside crest of the berm), the maximum allowable leakage
rate through the primary HDPE liner of the evaporation/surge pond will be 8gallons per minute.
c.Maximum Allowable Leakage Rate Performance – The maximum allowable performance leakage rate for the Cooling and Blowdown Water pond will be developed in the Cooling and Blowdown Pond
Operating Manual. The pond will take many years to fill and the operator will develop expected leak rates for the pond as the hydraulic head increases during filling. This will ensure
that leaks below the 8 gpm expected at full capacity, but above what would be expected for lower volume will be detected. The operating manual will be submitted for director approval
prior to the pond becoming operational.
d.Maximum Allowable Head – the maximum head in each of the leak detection sumpswill be managed by pumpingleakage collected in the sumps back into the respective pond. Head will be kept
below the top of the sump at all times, as described in Appendix C of the ACES Brine Evaporation Ponds Operating Manual.Fluidswill be pumped from the sumps at a rate greater8 gallons
per minute divided by four for each sump or the performance pump rate established in the pond operation manual, to match the pond leak rate through the liner.
3.Spill Containment - The permittee shall design, maintain and construct all pipelines and pumping facilities in a way that shall:
a.Prevent any spills or leakage from any contact with the ground surface or ground water.Any spill that does come into contact with the ground surface or ground watershall be reported
in accordance with Part III.I.E.Compliance Monitoring Requirements
Compliance Monitoring Points
Leak Detection - The Leak Collection and Infiltration Prevention (LCIP) layer installed under the evaporation pond liner will serve as a ground water compliance mechanism and monitoring
point.
Compliance Wells – Monitoring wells will serve as ground water compliance monitoring points for the water table aquifer. The monitoring wells will be installed before the pond is put
into operation.
Ground Water Monitoring Plan - All water quality monitoring shall be conducted in accordance with the ground water monitoring plan (Appendix B).
Protection of Monitoring Wells - All compliance monitoring wells must be protected from damage due to surface vehicular traffic or contamination due to surface spills. All compliance
monitoring wells 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.
Berm Wall Piezometers – If the piezometers installed in the berm walls of the cooling and blowdown water pond show elevated water levels indicating a release has occurred, it will be
reported in accordance with Part III.I.
2.Ground Water Compliance Monitoring
a.Water Level Measurements – water level measurements shall be made in each monitoring well prior to any well purging or collection of ground water samples. These measurements will
be made from a surveyed permanent reference point clearly demarcated on the top of the well or surface casing. Water level measurements will be made to the nearest 0.01 foot.
b.Ground Water Quality Samples - samples of ground water from compliance monitoring wells will be collected for laboratory analysis on a quarterly basis until the compliance schedule
requirements of PartII.H.1 are met.
1)Analysis by Certified Laboratories - analysis of allground water samples shall be performed by a laboratory certified by the Utah Department of Health.
2)Ground Water Analytical Methods - methods used to analyze ground water samples must comply with the following:
i)Methods cited in UAC R317-6-6.3L, and
ii)Method detection limits are less than Ground Water Protection Levels in Part II.C Table 2
3)Analysis Parameters - the following analyses will be conducted on all ground water samples collected:
i)Field Parameters - pH, temperature, and specific conductance.
ii)Laboratory Parameters – including:Protection Level Parameters in Part II.C Table 23.Leak Detection Sump Monitoringa.Flow Measurement – When the pond isinitially filling, the pumping
rate of fluids pumped from the leak collection and infiltration prevention (LCIP) sumps and returned to the pond will be monitored, recorded and compared to the Maximum Allowable Leakage

Rates in Table 3 Part II.F.3. below.After the pond hasbeen filled and leakage rates stabilize, the pumping rate of fluids pumped from the LCIP sumps and returned to the pond will be
monitored weekly and compared to the Maximum Allowable Leakage Rates in Table 3 Part II.F.3. below.b.Sump Fluids –fluids detected in aleak detection sump will be pumped to the evaporation
pond surface to minimize maximum allowable head.F.Non-Compliance Status
1.Probable Out-of-Compliance Status - The permittee shall evaluate results of each ground water sampling eventto determine any exceedance of the Ground WaterProtection Levels found in
Part I.C above. 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 Table 2 for two consecutive sampling events, immediately implement an accelerated schedule of monthly sampling analysis, consistent with
the requirements of this permit. This monthly sampling will continue 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 ground water and for which protection levels
have been established, out-of-compliance shall be defined as two consecutive samples exceeding the protection level.
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 status or acknowledge Director Notice that such a status exists within 24 hours of receipt of data, and2)Provide written notice
within 5 days of the determination, and 3)Continue an accelerated schedule of monthly ground water monitoring for at least two months and continue monthly monitoring until the facility
is brought into compliance, or 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.F.2.b.2, above, the permittee shall submit an assessment study plan and compliance schedule for:1)Assessment of the source or cause of the contamination, and determination of steps
necessary to correct the source.2)Assessment of the extent of the ground water contamination and any potential dispersion.3)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 LCIP monitoring indicates a violation of any of the construction or performance standards outlined in Part II.D of this permit, including an
exceedance of leakage rates from Table 3 below, the permittee shall submit to the Director a notification and description of the violation in accordance with Part III.I of this permit.
If the Maximum Allowable Leakage Rates in Table 3 are exceeded, corrective actions will be initiated following the procedures described in the attached Groundwater Monitoring Plan (Section
3.4 of Appendix B) andCooling and Blowdown Water Evaporation Ponds Operating Manual (Appendix C).Table 3Maximum Allowable Liner Leakage RatesMonitoring System ComponentCooling and Blowdown
Pond LCIP sumps Manufacturer rate8 gallons per minute/ 2 gallons per minute each sumpLCIP sumps Performance rateTo be determined in pond operation manualG.Reporting Requirements1.Quarterly
Ground Water Monitoring - monitoring required in Part II.E.2 above shall be reported according to the schedule in Table 4 below, unless modified by the Director:Table 4: Compliance
Monitoring Report ScheduleQuarterReport Due Date1st (January, February, March)April 30th2nd (April, May, June)July 31st3rd (July, August, September)October 31st4th (October,
November, December)January 31st2.Water Level Measurements - water level measurements from ground water monitoring wells and pond piezometers 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:a.Field
Data Sheets - or copies thereof, including the field measurements, required in Part I.E.2.b.3 above, and other pertinent field data, such as: well name/number, date and time, names of
sampling crew, type of sampling pump or bail, volume of water purged before sampling.b.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.4.Monthly
Leak Detection Monitoring- reporting will include:a.The volume of fluid pumped from the leak detection sumps, tabulated either daily or monthly, depending on the monitoring interval.
b.The disposition of any fluids pumped from the leak detection sump.5.Electronic Filing Requirements - In addition to submittal of the hard copy data, above, the permittee will electronically
submit the required ground water monitoring data in the electronic format specified by the Director. The data may be submitted by e-mail, compact disc, or other approved transmittal
mechanism.6.Monitoring Well As-Built Report - For each well constructed the permittee shall submit diagrams and descriptions of the final completion of the monitoring wells. The report
is due within 60 days of the date of well completion. 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 Well Location: ground surface elevation, elevation of water level measuring point, latitude and longitude in hours, minutes and seconds.g.Well construction
description, well completion description, results of well pump tests or slug tests.H.Compliance Schedule Cooling and Blowdown Water Pond Operating Manual.Prior to receiving DWQ approval
to usethe Cooling and Blowdown Water Pond a Cooling and Blowdown Water Pond Operating Manual/Standard Operating Plan shall be submitted for Director review and approval. The manual
shall describe pond monitoring, operation, maintenance, and repair procedures in detail. The manual will also develop specific performance-based leak rates for the leak collection and
infiltration prevention sumps to be used as enforceable limits during the filling of the pond. The manual must be approved by the director prior to the operation of the pond. Once approved,
the document will be enforceable as Appendix C to this permit.Accelerated Background Monitoring Report. Independent samples will be collected quarterly from each well according to the
requirements of Part II.E.2b above until a total of eight (8) sampling events have been completed. An Accelerated Background Monitoring Reportshall be submitted with the quarterly report
for the 8th sampling event. The report shall include the following statistical calculations presented in spreadsheet format for each parameter in Table 2 for each compliance monitoring
well:1)Non-detect values converted to the detection limit times 0.252)Mean concentration3)Standard deviation4)Mean concentration plus 2 standard deviations5)Mean concentration of all
parameters times 1.256)Ground water quality standard times 0.25Following DWQreview and approval, the interim Ground Water Class Protection Levels of Table 2 will be adjusted if necessary
to comply with UAC R317-6-4. The Director will then determine if it is appropriate to adjust compliance monitoring frequency from quarterly to semi-annual.
4.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 within 180 daysprior to the closure of the facility. The permittee shall resubmit Final Closure Plans within 60 days of receipt of written notice of deficiencies therein.
PART IIIMONITORING, 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 30th day of the month following the completed reporting period:
State of Utah
Division of Water Quality
P.O. Box 144870
Salt Lake City, Utah84114-4870
Attention: Ground Water Protection Section
Electronic reporting submission portal: https://deq.utah.gov/water-quality/water-quality-electronic-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 Reporting1.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,
[phone], or to the Division of Water Quality, Ground Water Protection Section at [phone], 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.E 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 atanylocation.
PART IVCOMPLIANCE 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 VGENERAL 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 LawsNothing 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 A
CONSTRUCTION PERMIT
PLANS AND SPECIFICATIONS
APPENDIX B
Groundwater Monitoring Plan

Advanced Clean Energy Storage I, LLC
cooling and blowdown water pond
APPENDIX C
cooling and blowdown water pond Operating manual
(pending publication)