HomeMy WebLinkAboutDWQ-2024-000290STATE OFUTAH
DIVISION OF WATER QUALITY
DEPARTMENT OF ENVIONMENTAL QUALITY
P.O. BOX 144870
SALT LAKE CITY, UTAH 84116-0690
Ground Water Discharge Permit
Permit No. UGW450002
In compliance with the provision ofthe Utah Water Quality Act, Title 19, Chapter 5, Utah Code
Annotated 1953, the Act, as amended,
Barrick Resources (USA) Inc.
Mercur Mine Reclamation Project
310 South Main St., Suite 1150
Salt Lake City, UT 84101
is granted a Ground Water Quality Discharge Permit for the Mercur Mine Reclamation Project located at latitude 40º 20’ 00” North, longitude 112º 12’ 30” West in accordance with conditions
set forth herein.
This modified Ground Water Quality DischargePermit amends and supersedes all other Ground
Water Discharge permits for this facility issued previously.
Specifically, this Ground Water Quality Discharge Permit incorporatesall provisions of
UGW450001, and references Stipulation and Consent Order GW-90-030A. This permit renewal shall become effective on February 15, 2024.
This permit and the authorization to operate shall expireat midnight,February 14, 2029.
John Mackey, P.E.,
Director
UtahDivision of WaterQuality
Thispageintentionallyleftblank.
I.SPECIFIC CONDITIONS
A.Ground Water Classification
Based on ground water data submitted by the Permittee, ground water at the Mercur site is generally defined as class II, with the exception of the aquifers near monitoring wells MW-9
at Valley Fill Leach Area 2 (VFL2) and MW-17 at the tailings impoundment that are defined as Class 1A.
B.Background Ground Water Quality
Background for Monitoring Wells – Based on the chemical characteristics of samples taken frommonitoring wells MW-1, MW-2, MW-9, MW-10, MW-11, MW-13, MW-15, MW-16, MW-17, MW-18 and MW-19,
background ground water quality is defined in Table 1.
C.Ground Water Protection LevelsProtection Levels for existing Wells – Ground water quality at monitoring wells MW-1, MW-2, MW-9, MW-10, MW-11, MW-13, MW-15, MW-16, MW-17, MW-18 and
MW-19 shall not exceed the ground water protection levels defined in Table 1.2.Compliance Determination Method – Compliance with ground water protection levels shall be evaluatedin eleven
compliance monitoring wells. If future monitoring data indicate an exceedance ofprotection levels, compliance status will be determined in accordance with R317-6.6.16 including, if
necessary, reference to methods described in the EPA Interimfinal Guidance documents entitled “Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities - Unified Guidance”,
dated March 2009. Subsequent updates of this document shall be utilized as available and appropriate.TABLE 1: Ground Water Background Concentrations and Protection LevelsParameterMethodDetectionLimit(mg/L)GroundWaterQualityStandard(mg/L)
MW-1
MW-2
MW-9Background Level (mg/L)ProtectionLevel(mg/L)Background Level (mg/L)ProtectionLevel(mg/L)Background Level(mg/L)ProtectionLevel(mg/L)MeanstddevMeanstddevmeanstddevpH (units)n/a6.5-8.58.08n/a6.5-8.57.98n/a6.5-8.57.40n/a6.5-8.5Arsenic0.010.05NDn/a0.013
bNDn/a0.013 bNDn/a0.01 bBarium0.012.00.0640.0390.5 b0.0370.0470.5 b0.0160.0110.5 bCadmium0.0020.005NDn/a0.002 cNDn/a0.002 cNDn/a0.002 cChromium0.010.1NDn/a0.025 bNDn/a0.025 bNDn/a0.01
bCopper0.011.30.041n/a0.33 b0.041n/a0.33 bNDn/a0.13 bLead0.0050.015NDn/a0.005 cNDn/a0.005 cNDn/a0.005 cMercury0.00020.002NDn/a0.0005 bNDn/a0.0005 bNDn/a0.0002 cNickel0.010.1NDn/a0.025
bNDn/a0.025 bNDn/a0.01Selenium0.0020.05NDn/a0.013 bNDn/a0.013 bNDn/a0.005Silver0.010.1NDn/a0.025 bNDn/a0.025 bNDn/a0.01Thallium0.0010.002NDn/a0.001 cNDn/a0.001 cNDn/a0.001 cZinc0.015.00.051n/a1.25
b0.031n/a1.25 b0.020n/a0.5 bCyanide-free0.0020.2NDn/a0.05 bNDn/a0.05 bNDn/a0.02 bFluoride0.14.01.940.152.43 a0.960.111.20 a0.710.061.0 bNitrate-N0.0210.00.0490.1282.5 b0.0550.1952.5
b0.15n/a1.0 bNitrite-N0.0051.00.011n/a0.25 b0.012n/a0.25 b0.006n/a0.1 bSulfate5.0n/a60.542.7Monitoring only199.222.4Monitoring only8722Monitoring onlyTDS5.0300051619645 a9051081131 a46954586
aaProtection Level established based on 1.X times the mean background concentration, where X = 0.25, except for MW-9 and MW-17 where X = 0.10.bProtection Level established based on 0.X
times the Ground Water Quality Standard, where X = 0.25 except for MW-9 and MW-17 where X = 0.10 if non-detects predominant in background.cProtection Level was set at the method detection
limit.dProtection Level based on the mean plus 2 standard deviations.n/aNot applicable because the background data set was greater than 50% non-detect; therefore standard deviation not
applicable. NDNon-detect; analytical result below the method detection limit.stddevStandard deviationTABLE 1 (Continued): Ground Water Background Concentrations and Protection LevelsParameterMethod
Detection Limit(mg/L)Ground Water Quality Standard(mg/L)
MW-10
MW-11
MW-13BackgroundLevel (mg/L)ProtectionLevel(mg/L)Background Level (mg/L)ProtectionLevel (mg/L)Background Level (mg/L)Protection Level(mg/L)MeanstddevMeanstddevmeanstddevpH (units)n/a6.5-8.57.55n/a6.5-8.57.83n/a6.5-8.57.45n/a6.5-8.5Arsenic010.05NDn/a0.013
bNDn/a0.013 bNDn/a0.013 bBarium0.012.00.0410.0370.5 b0.0410.0370.5 b0.0760.0320.5 bCadmium0.0020.005NDn/a0.002 cNDn/a0.002 cNDn/a0.002 cChromium0.010.1NDn/a0.025 bNDn/a0.025 bNDn/a0.025
bCopper0.011.30.0441n/a0.325 b0.032n/a0.325 bNDn/a0.325 bLead0.0050.015NDn/a0.005 cNDn/a0.005 cNDn/a0.005 cMercury0.00020.002NDn/a0.0005 bNDn/a0.0005 bNDn/a0.0005 bNickel0.010.10.0260.0250.076
d0.0110.0210.053 daNDn/a0.025 bSelenium0.0020.05NDn/a0.013 bNDn/a0.013 bNDn/a0.013 bSilver0.010.1NDn/a0.025 bNDn/a0.025 bNDn/a0.025 bThallium0.0010.002NDn/a0.001 cNDn/a0.001 cNDn/a0.001
cZinc0.015.00.1180.0451.25 b0.0390.0301.25 b0.025n/a1.25 bCyanide-free0.0020.2NDn/a0.05 bNDn/a0.05 bNDn/a0.05 bFluoride0.14.00.7870.1671.12d0.6710.0761.0 b0.5000.0891.0 bNitrate-N0.0210.00.0740.1142.5
b0.9520.535n/a2.5 b0.197n/a2.5 bNitrite-N0.0051.00.0090.0050.25 b0.0120.0070.25 b0.0070.0050.25 bSulfate5.0n/a33950Monitoring only12639Monitoring only30828Monitoring onlyTDS5.030001106761383
a61837773 a21242202655 a*aProtection Level established based on 1.X times the mean background concentration, where X = 0.25, except for MW-9 and MW-17 where X = 0.10bProtection Level
established based on 0.X times the Ground Water Quality Standard, where X = 0.25 except for MW-9 and MW-17 where X = 0.10 if non-detects predominant in background.cProtection Level was
set at the method detection limit.dProtection Level based on the mean plus 2 standard deviations.n/aNot applicable because the background data set was greater than 50% ND; therefore
standard deviation not applicable.NDNon-detect; analytical result below the method detection limit.stddevStandard deviationTABLE 1 (Continued): Ground Water Background Concentrations
and Protection LevelsParameterMethod Detection Limit(mg/L)Ground Water Quality Standard (mg/L)
MW-15
MW-16
MW-17Background Level (mg/L)Protection Level (mg/L)Background Level (mg/L)Protection Level (mg/L)Background Level (mg/L)Protection Level (mg/L)MeanstddevMeanstddevmeanstddevpH (units)n/a6.5-8.57.70n/a6.5-8.57.44n/a6.5-8.57.82n/a6.5-8.5Arsenic0.010.05NDn/a0.013bNDn/a0.013bNDn/a0.01
cBarium0.012.00.0700.0190.5b0.0530.0070.5b0.0380.04605 bCadmium0.0020.005NDn/a0.002 cNDn/a0.002 cNDn/a0.002 cChromium0.010.1NDn/a0.025 bNDn/a0.025 bNDn/a0.01 bCopper0.011.3NDn/a0.33bNDn/a0.33bNDn/a0.13
bLead0.0050.015NDn/a0.005 cNDn/a0.005 cNDn/a0.005 cMercury0.00020.002NDn/a0.0005 bNDn/a0.0005 bNDn/a0.0002 cNickel0.010.1NDn/a0.025 bNDn/a0.025bNDn/a0.01bcSelenium0.0020.05NDn/a0.013
bNDn/a0.013 bNDn/a0.005bSilver0.010.1NDn/a0.025 bNDn/a0.025bNDn/a0.01bcThallium0.0010.002NDn/a0.001 cNDn/a0.001 cNDn/a0.001 cZinc0.015.00.019n/a1.25b0.024n/a1.25b0.078n/a0.5bCyanide-free0.0020.2NDn/a0.05bNDn/a0.05
bNDn/a0.02 bFluoride0.14.00.310.071.0 b0.260.081.0 b0.150.020.1.0bNitrate-N0.0210.00.1100.2232.5 b1.110.462.5b0.470.332.5bNitrite-N0.0051.00.0090.0060.25b0.0110.0050.25b0.007n/a0.1 bSulfate5.0n/a23522Monitoring
only30628Monitoring only3411Monitoring onlyTDS5.03000995541244 a883621104 a34530431 aProtection Level established based on 1.X times the mean background concentration, where X = 0.25,
except for MW-9 and MW-17 where X = 0.10.bProtection Level established based on 0.X times the Ground Water Quality Standard, where X = 0.25 except for MW-9 and MW-17 where X = 0.10 if
non-detects predominant in background.cProtection Level was set at the method detection limit.dProtection Level based on the mean plus 2 standard deviations.n/aNot applicable because
the background data set was greater than 50% non-detect; therefore standard deviation not applicable. NDNon-detect; analytical result below the method detection limit.stddevStandard
deviationTABLE 1 (Continued): Ground Water Background Concentrations and Protection LevelsParameterMethod DetectionLimit(mg/L)GroundWaterQualityStandard(mg/L)
MW-18
MW-19Background Level (mg/L)Protection Level (mg/L)Background Level (mg/L)Protection Level (mg/L)MeanstddevMeanstddevpH (units)n/a6.5-8.57.37n/a6.5-8.57.42n/a6.5-8.5Arsenic0.010.05NDn/a0.013
bNDn/a0.013 bBarium0.012.00.0660.0580.5 b0.027.0110.5 bCadmium0.0020.005NDn/a0.002 cNDn/a0.002 cChromium0.010.1NDn/a0.025 bNDn/a0.025 bCopper0.011.3NDn/a0.33 bNDn/a0.325 bLead0.0050.015NDn/a0.005
cNDn/a0.005 cMercury0.00020.002NDn/a0.0005 bNDn/a0.0005 bNickel0.010.1NDn/a0.025 bNDn/a0.025 bSelenium0.0020.05NDn/a0.013 bNDn/a0.013 bSilver0.010.1NDn/a0.025 bNDn/a0.025 bThallium0.0010.002<0.01n/a0.001
bNDn/a0.001 cZinc0.015.00.058n/a1.25 b0.0130.0241.25 bCyanide-free0.0020.2NDn/a0.05 bNDn/a0.05 bFluoride0.14.00.170.071.0 b1.100.031.38 aNitrate-N0.0210.00.520.192.5 b0.0340.0472.5 bNitrite-N0.0051.00.006n/a0.25
b0.006n/a0.25 bSulfate5.0n/a18313Monitoring only27610Monitoring onlyTDS5.0300065478818 a901501128 aaProtection Level established based on 1.X times the mean background concentration,
where X = 0.25, except for MW-9 and MW-17 where X = 0.10.bProtection Level established based on 0.X times the Ground Water Quality Standard, where X = 0.25 except for MW-9 and MW-17
where X = 0.10 if non-detects predominant in background.cProtection Level was set at the method detection limit.dProtection Level based on the mean plus 2 standard deviations.n/aNot
applicable because the background data set was greater than 50% non-detect; therefore standard deviation not applicable. NDNon-detect; analytical result below the method detection limit.stddevStandard
deviation
D.Valley Fill Leach Area No. 3 (VFL3) Post-Closure Requirements1.No Discharge Technology – the ValleyFill Leach Area No. 3 facility, as constructed, incorporates no-discharge technology
through the use of a composite liner consisting of a synthetic flexible membrane/clay/synthetic flexible membrane liner system. The reclamation cover design meets BAT. Barrick will
monitor the head of the neutralized wastewater through the termof the permit.2.Spill Containment – Barrick shall design, maintain and construct all pipelines fromthe Valley Fill Leach
Area 3 facility that shall:a.Minimize, to the extent possible, anyspills or leakage fromthe pipeline fromcoming into contact withthe ground surface or ground water.b.Convey, to the extent
possible all spillsor leakage to the East Bay, Valley Fill Leach No. 3 or othercontainment mechanisms approved by the Director (formerly Executive Secretary). Affected structures include
any associated piping, valves, pumps or other ancillary equipment. The design and construction ofthe spill containment systems shall be maintained to meet the requirements of the Construction
Permit issued July 13, 1990, by the Director.3.Valley Fill Leach No. 3 Permanent Closure Plan – The Approved Final Closure Plan is an enforceable appendix to this permit. It is designated
as Appendix Bto this permit.
E.Valley Fill Leach Area No. 2 Post-Closure Compliance Requirements1.Ground Water Monitoring – Barrick is required to continue ground water quality monitoring of existing monitoring
well MW-9 at VFL2 on a semiannual basis in accordance with the post-closure monitoringplan, attached as Appendix C to this permit. Ground water sampling mustinclude all the chemical
parameters, methods, and procedures required by theQA/QC plan contained in Appendix A to this permit. Barrick shall submit theresults of semiannual monitoring to the Director in accordance
withthe compliance monitoring schedule shown in Table 2.2.Post Closure Monitoring – The approved plans and specifications for the recontouringand covering of Valley Fill Leach No. 2
approved on May 30, 1995 by the Director is subject to the following conditions:Barrick will maintain thevegetated cover in accordance with the approved Final Closure Plan and complianceschedule
for post-closure monitoring attached as Appendix C, and methods and standards approved by the DOGM.
Barrick intends to groutthe leakage collection pipeclosed, and reclaimthe leakage collection system area.Barrick completed the required 5-year post-closuremonitoringtheleakagecollection
systemin April 2001 and installed drillouts through the liner toprovide free draining infiltrated water. Barrick demonstrated that post-closure monitoring results met previous modeled
predictions for thesystem. The Valley Fill Leach No. 2 leakage collection system shall notbe removed without the written consent of the Director.
F.Tailings Wastewater Treatment Discharge
Authorized Discharge – During the termofthis permit the Permittee is authorized to store, detain and recover stormwater runoff fromthe area immediately surrounding and naturally draining
into and fromthe tailings impoundment and to receive draindown quantities of water pumped fromValley Fill Leach Area 3. If spills of unauthorized chemicals, fuelsor other materials
enter the tailings impoundment the Permittee shall notify the Directorwithin 24 hours and provide written notification within 5 business days, in accordance with the requirements of
Part II.I. Incidental seepage emanating fromthe reclaimcell and the saddle seep area formerly collected in the saddleseepage pond in Manning Canyon will be piped to VFL2.East Bay –
The lined facility has a capacity of approximately 70 milliongallons. The pond is designed and authorized to receive wastewater fromthe tailings impoundment and Valley Fill 3 draindown
inorder to accelerate dewatering and drying of the tailings surface during final closure and reclamation of the facility. Barrick will eliminate the east bay through water treatment
and will discharge the treated water in accordance withwork plans developed by Barrick and approved bythe Director. Treated waters fromthe east bay will be discharged to the Golden
Gate basin under this permit as approved by the Director. Once the treated east bay water has been drained to the Golden GateBasin, the East Bay basin will be backfilled and regraded
in accordance with the approved final design plans and specifications for final reclamation of the east bay and the tailings impoundment.Lined Chimney Drain Ponds – A regular inspection
shall be made of the fluid levels in the chimney drain storage pond and overflow pond. If at any time the fluid levels exceed 1/3 the capacity of either of these ponds, as determined
by visual observation, the fluids contained therein shall be pumped into a tank and transported to the East Bay. Alternatively, if analytical results show that water quality meets groundwater
quality standards water may be discharged to the Golden Gate Basin. Removal of the water from the chimney drain storage pond shallcontinue until the ponds are as empty as practicable.Spill
Containment – Barrick shall utilize best management practices intended to prevent and contain spills fromoccurringfromany of the following structures:a.Pipelines between Valley Fill
Leach Area No. 3 and the tailings impoundment.b.Tailings impoundment.c.Pipelines conveying tailings waters constructed during the termofthis permit. The practices shall conformto the
following criteria:1)Minimize, to the extent possible, spills of untreated tailings wastewater, leakage or overflowfrom contact with unlined ground surfaces, ground water or surface
water runoff conveyance systems (ditches, streams, etc.).2)Convey, to the extent possible, all spills or leakage to the tailings impoundment East Bay, or new containment mechanisms or
treatment facilities approved by the Director.
5.Cover design and placement will be in accordance with the final closure plan document and according to the design and methods approved in the 1999 Construction Permit approved bythe
Division of Water Quality.6.Incidental Flow Management – Incidental flows are currently managed in the East Bay. Incidental flows from mine draindown will be treated for arsenic andnitrate
reduction and discharged to the Golden Gate Basin, as approved in writing by the Director.
G.ComplianceMonitoringRequirements1.Quality Assurance Project Plan – All water quality monitoring to be conducted under this permit shall be in accordance with the general requirements,
hereunder, and the specific requirements of quality Assurance Project Plan, dated June 2012, amended and attached as Appendix A to this permit.2.Compliance Monitoring Wells – ThePermittee
has installed six monitoring wells at the tailingsimpoundment, four wells at Valley Fill Leach Area No. 3, and one well at Valley Fill Leach Area No. 2. All eleven wells will beused
as compliance monitoring points through thelife of the permit unless modified by the Director. Barrick shall maintain itscurrent ground water monitoring well network in compliance with
the requirements of this permit. The locations of these wells are described below.a.Compliance Monitoring Well MW-1-NE/4 of SE/4 of NE/4 of section 5, T.6 S. R. 3 W 150 ft. west, 1470
ft. south of NE corner.b.Compliance Monitoring Well MW-2- NE/4of SE/4 of NE/4 of section 5, T. 6 S. R. 3 W. 170 ft. west, 1670 ft. south of NE corner.c.Compliance Monitoring Well MW-9–
SE/4of SE/4 of section 5, T. 5 S. R.3 W4400 ft. west, 100 ft. north of SW corner.d.Compliance Monitoring Well MW-10 – SW/4 of SW/4 of SW/4 of section32, T. 5 S. R. 3 W50 ft. north, 810
ft. west of SWcorner.e.Compliance Monitoring Well MW-11 – NW/4 of SW/4 of SW/4 of section 32, T. 5 S. R. 3 W 700 ft. north, 310 ft. east of SWcorner.f.Compliance Monitoring Well MW-13
– NW/4 of NW/4 of NW/4 of section 5, T. 6 S. R. 3 W740 ft. east, 480 ft. south of NW corner.g.Compliance Monitoring Well MW-15 – SE/4 of SW/4 of SE/4 of section 32, T. 5 S. R. 3 W. 1750
ft. west, 140 ft. north of SE corner.h.Compliance Monitoring Well MW-16 – NE/4 of NE/4 of NE/4 of section5, T. 6 S. R. 3 W. 410 ft. west, 40 ft. south of NE corner.i.Compliance Monitoring
Well MW-17 – State plane coordinates728,844.51 N., 1,807,822.13 W.j.Compliance Monitoring Well MW-18 – State plane coordinates729,671.55 N., 1,806,786.28 W.k.Compliance Monitoring Well
MW-19 – NE/4of NW/4 ofNW/4of section 5, T. 6 S. R. 3 W240 ft. south, 700 ft. east of NW corner.3.Future Modification of the Monitoring Well Network – if at any time theDirector determines
the monitoring well network to be inadequate, Barrick shall submit within 30 days of receipt ofnotification,a response to the Director letter, and if necessary, a plan and compliance
schedule to modify the monitoring well network. Any required monitoring well construction shall conform to the criteria found inthe EPA RCRA Ground Water Monitoring Technical Enforcement
Guidance Document, 1986 OSWER-9950.1 (RCRA TEGD). Subsequent updatesto this document shall be utilized as available and appropriate.4.Compliance Monitoring Period – Monitoring commenced
upon the completion of the monitoring systems required by this permit, and shall continue through the life of the permit.5.Protection of Monitoring Well Network – All compliance monitoring
wells must be protectedfromdamage due to surface vehicular traffic or other dangersor contamination due to surface spills. They shall be maintained in full operational condition for
the life of this permit, unless otherwise authorized by the Director. Any well that becomes damaged beyond repair or is rendered unusable for any reason will be replaced by the Permittee
within 90 daysor as directed by the Director.6.Barrick shall notify and request approval fromthe Director in writing of any planned well abandonment or modification. Well abandonment
shall comply with State Engineer regulations.
7.GroundWaterQualityMonitoringRequirements:
a.Ground Water Level Measurements –Ground water level measurements shall be made in each monitoring well prior to any collection of ground water samples. These measurements will be
made froma permanent single reference point clearly demarcated on the top of the well or surface casing. Measurements will be made to the nearest 0.01 foot.b.Ground Water Monitoring
Frequency – Groundwater measurements and analysis shall be conducted on a semi-annual basis for all eleven monitoring wells. Semi-annual monitoring will be conducted duringthe first
andthird quarters during odd numbered yearsand during the second and fourth quarters during even numbered years.Monitoring will be reported to the Director as per the requirements stipulated
in Part I.I.1.c.Ground Water Quality Sampling – grab samples of ground water fromall compliance monitoring wells will becollected for chemical analysis, in conformance with the Quality
Assurance Project Plan that has been approved by the Director, Part I.J.1.1)AnalysisbyCertifiedlaboratories – analysis of any ground water sample shall be performed by laboratories certified
by the State Health Laboratory.2)Ground Water Analytical Methods – methods used to analyze ground water samples must comply with the following:a)All methods cited in UAC R317-6-6. L,
and
b)Have detection limits which are less than or equal to the ground water protection levels found in Part I C, Table 1. In the case ofcadmium, cyanide (total) and nickel, the detection
limits shall beless than or equal to 0.002 mg/l,
0.02 mg/l and 0.015 mg/l respectively.3)Analysis Parameters – the following analyses shall be conducted on all ground water samples collected:a)Field parameters – pH, temperature, and
specific conductanceb)LaboratoryParameters–including:(i)Major Anions and Cations: including chloride, sulfate, carbonate, bicarbonate, sodium, potassium, magnesiumandcalcium.(ii)Protection
Level Parameters – found in Table 1 ofPart IC, above.(iii)Weak Acid Dissociable Cyanide (iv)Cyanide Amenable to Chlorination(v)Cyanide Degradation Products including: ammonia, nitrate
and nitrite.
H.Non-Compliance Status1.Probable Out of Compliance Based on Exceedance of Ground Water ProtectionLimits
Barrick shall evaluate the results of each round of ground water sampling and analysis to determine any exceedance of the ground water protection levels found in Table 1. Upon determination
by Barrickthat the data indicate a ground water protection level may have been exceeded at any downgradient compliance monitoring well, Barrick shall:a.Immediately resample the monitoring
wells(s) found to be in probable out- of compliance, for protection level parameters that have been exceeded. Submit the analytical results thereof,and notify the Director of the probable
out of compliance status within 30 days of the determination of probable out of compliance.b.Immediately implement an accelerated schedule of monthlyground water sampling and analysis,
consistent with the requirements of Section 5.0 in Appendix A. This monthly sampling will continue for at least two additional months for a total of three samples including the original
compliance sample or until the compliance status can be determined by the Director. Reports ofthe results ofthis sampling will besubmitted tothe Directoras soon as they are available,
but not later than 30 days fromeach date of sampling.2.Out of Compliance Status Based onConfirmed Exceedance of Permit GroundWater Protection Limits.a.Out of Compliance Status shall
be defined as follows:1)For parameters that have been defined as detectable in the background and for which protectionlevels have been established based on 1.25 times the mean background
concentration, out of compliance shall be determined by the use of control charts for intra-well comparisons in accordance with and EPA InterimFinal Guidance Documents entitled “Statistical
Analysis of Ground Water Monitoring Data at RCRA Facilities”, dated February, 1989 and July, 1992 draft addendumto the InterimFinal Guidance. Any other compliance monitoring or statistical
method used by Barrick must receive prior approval fromDirector.
2)For parameters that have been defined as detectable in the background and for which protectionlevels have been established based on 0.25 times the ground water quality standard, out
of compliance shall be defined as 3 consecutive samples exceeding the protection level and the meanbackground concentration by two standard deviations.3)For parameters that have background
data sets between 50-85% non-detectable analyses, out-of-compliance shall be defined as 3 consecutive samples from a compliance monitoring point exceeding the established protection
level.4)For parameters that have beendefined non-detectable in the background and for which protectionlimits have been determined based on 0.25 times the ground water quality standard
or thelimitof detection out-of-compliance shall be defined as 3 consecutive samples from a compliance monitoring point exceeding the established protection limit.b.Notification and Accelerated
Monitoring – upon determination by thePermittee or the Director, in accordance with UAC R317-6-6.17, that anout-of compliance status exists, the Permittee shall:1)Verbally notify the
Director of the out-of compliance status or acknowledge Director notice that such a status exists within 24 hours of determination.2)Provide an assessment of the extent of the ground
water contamination and any potential dispersion.3)Evaluate potential remedial actions to restore and maintain ground water quality standards such that protection levels will not be
exceeded at the compliance monitoring wells.
I.Reporting Requirements1.Ground Water Monitoring Report:Schedule – The sampling and analysis required in Part I, G 6, above, shall be reported according toTable 2, below.
Table 2 Compliance Monitoring Reporting Schedule
Semi-Annual Period
Report Due On
First
July 15
Second
January 15b.Sampling and Analysis Report – will include:1)Field Data Sheets – or copiesthereof,including the field measurements, required in PartI G.7.a, above, and other pertinent field
data, such as: well name/number, date and time, names of sampling crew, type of sampling pump or bail, measured casing volume, volume of water purged before sampling.2)Results of Ground
Water Analysis – including date sampled, date received, ion balance; and the results of analysisfor each parameter, including: valueor concentration, units of measurement, reporting
limit (minimumdetection limit for the examination), analytical method, and the date of the analysis.3)Ground Water Level Measurements – water level measurements fromground water monitoring
wells will be reported in both measured depth to ground water and ground water elevation above mean sea level.
J.ComplianceSchedule1.Quality Assurance Project Plan – The water quality sampling, handling and analysis plan, Appendix A of the permit,shall be updated and/or modified as required by
the Director. The revisedplan will besubmitted for Director approval, within 45 daysfollowing receipt of notice fromthe Director, that updates or revisions to the plan are required.The
revised document will replace the current Appendix A and is hereby incorporated by reference.2.Final Tailings Impoundment Closure Plan– Final closure ofthe tailings impoundment shall
constitute completion ofdewatering of the tailings draindown and removal of the east bay, regrading ofthe east bay to blend with surrounding topography, and completion of the final engineered
cover placement on the east bay. At the completion of closure activities, a construction quality assurance as- built report will be submitted within 180 days for approval of the Director.
II.MONITORING, RECORDING ANDREPORTING 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. L, unless other test procedures have been specified in this permit or otherwise approved
by the Director.
C.Penalties forTampering.
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 fineof not more than $10,000 per violation, or by imprisonment for notmore than six months per violation, or by both.
D.Reporting ofMonitoring Results.
Monitoring results obtained during each reporting period specified in the permit, shall be submitted tothe Director, Utah Division ofWater Quality atthe following address no later than
the 15thday of the month following the completed reporting period:
Utah Division of Water Quality
P.O. Box 144870
Salt Lake City, UT 84114-4870
Attention: Ground Water Protection Section
E.ComplianceSchedules.
Reports of compliance or noncompliance with, or any progress reports on interimand final requirements contained in any Compliance Schedule of this permit shall be submitted no later
than 14 days following each schedule date.
F.AdditionalMonitoringbythePermittee.
Ifthe Permittee monitorsany pollutant morefrequently than required by this permit, using approved test procedures as specified in this permit, theresults ofthis monitoring shall be included
in the calculation and reportingofthe data submitted. Such increased frequency shall also be indicated.
G.Records Contents.
Records of monitoring information shall include:1.The date, exact location, 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 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 usedto complete the application for this permit, for a period of at least three years fromthe date of the sample, measurement, report or application. This period may be extended
by request of the Directoratanytime.
I.Twenty-Four Hour Notice ofNoncompliance Reporting.1.The Permittee shall verbally report anynon-compliance withpermit conditions or limits as soon as possible, but no later than twenty-four
(24) hours fromthe time the Permittee first became aware ofthe circumstances or determined otherwise. The Verbal report shall be made to the Utah Department of Environmental Quality
24-hour number, (801) 536-4123, orto the Division of Water Quality GroundWaterProtectionSection at (801) 536-4300, during normal business hours (8:00 am– 5:00 pm Mountain Time)2.A written
submission of any noncompliance withpermit conditions or limits shall be provided to the Director within five (5)days of the time that the Permittee becomes aware of the circumstances.The
written submission shall contain:a.A description of the noncompliance;b.The period of noncompliance, including 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.e.When applicable, either an estimation ofthe quantity
ofmaterial discharged to ground water, the tailings facility or an estimation of the quantity of material released outside containment structures.3.Written reports shall be submitted
to the addressesin part II D,Reporting ofMonitoringResults.
J.Other Noncompliance Reporting.
Instances of noncompliance not required to bereported 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 at reasonable time where a regulatedfacility or activity is located or conducted, or where records must be kept under the conditions ofthe 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.
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 ofany 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 whoviolates 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 violatespermit conditions is subject to a fine not exceeding $25,000 per day ofviolation. 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 beconstrued torelieve the Permittee ofthe 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 anenforcement action that it would have been necessary tohalt or reduce the permitted activityin order to maintain compliance with the conditions
of this permit.
D.Duty to Mitigate.
The Permittee shall takeall reasonable stepsto 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 operateand maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permitteetoachievecompliancewith
the conditions of this permit. Proper operation and maintenance also includes adequate laboratorycontrols 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 whenthe operation is necessary to achieve compliance with the conditions ofthe permit.
F.Affirmative Defense.
In the event that a compliance action is initiated against the Permittee for violation of permit conditions relating tobestavailabletechnology or discharge minimization technology, the
Permittee may affirmatively defend against that action by demonstrating the following:1.The Permittee submittednotification according topart I.H.2.b.1 and Part II.I.1 and 2;2.The failure
was not intentional or causedby the Permittee’s negligence, either in action or in failure to act;3.The Permittee has takenadequate measuresto meet permit conditions in a timely manner
or has submittedto the Director, for the Director’s approval, an adequate plan and schedule for meeting permit conditions; andThe provisions of 19-5-107 have not been violated.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 tothe permitted facility. Notice is required when the alteration
or additioncould significantly change thenature of the facility or increase the quantity ofpollutants discharged.
B.AnticipatedNoncompliance.
The Permittee shall giveadvance notice ofany planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
C.Spill Reporting.
The Permittee shall immediately report asper UAC 19-5-114 of the Utah Water Quality Act any accidental release fromValley Fill Leach Area 2, Valley FillLeach Area No. 3, the tailings
impoundment or associated facilities which isnot totally contained by acollection system. This report shall be madeto the phone numbers given in part II I. 2. A written report will
be required within 5business days of the occurrence and should address the requirements of UAC 19-5-114 and Part II I 2. and 3 of this permit.
D.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.
E.Duty to Reapply.
Ifthe Permittee wishes to continue an activityregulated by this permit after the expiration date ofthis permit, the Permittee mustapply for and obtain a permit renewal or extension.
The application should be submitted at least 180 days before the expiration date of this permit.
F.Duty to Provide Information.
The Permittee shall furnish to the Director, withina reasonable time, any information which the Directormay request to determine whether cause exists for modifying, revoking and reissuing,
orterminating 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.
G.Other Information.
When the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submittedincorrect information ina permit application or any report tothe Director,
it shall promptly submit such facts or information.
H.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 or by a duly authorized representative of that person;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 orranking elected official.2.All reports required by the permit andother
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 tothe Director, and,b.The authorization specifies 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 ofequivalent responsibility,
or an individual or position having overall responsibility for environmental matters for the company. (Aduly authorized representative may thus be either a named individual or any individual
occupying a named position.)3.Changes to Authorization. If an authorization under PartIV.H.2. is no longer accurate because a different individualor position has responsibility for
the
overall operation of the facility, a new authorization satisfying the requirements of
Part IV.H.2. must be submitted to the Directorprior to or together with any reports, information, or applicationstobesignedby 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 attachmentswerepreparedundermy direction or supervision in accordancewithasystem designedtoassurethatqualified personnel properly
gather and evaluatetheinformation submitted. Basedonmyinquiryofthepersonorpersonswho manage the system, or those persons directly responsible for gatheringtheinformation,theinformationsubmittedis,tothe
bestofmyknowledgeandbelief,true,accurate,andcomplete. I am awarethattherearesignificantpenaltiesforsubmittingfalse information,includingthepossibilityoffineandimprisonment for knowing
violations.”
I.Penalties forFalsification ofReports.
The Act provides that any person whoknowingly makes any false statement, representation, or certificationin 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 notmorethan six months per violation or both.
J.AvailabilityofReports.
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 be considered confidential.
K.Property Rights.
The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, no does it authorize any injury to privateproperty or any invasion of personal
rights, nor any infringement of federal, state or local laws or regulations.
L.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.
M.Transfers.
This permit may be automatically transferred to anew 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 agreementbetween the existing and new Permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them; and,3.The Directordoes
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 datespecified inthe agreement as described in Part IV.M.2, above.
N.State Laws.
Nothing in this permit shall be construed to preclude the institutionof any legal action orrelieve the Permittee from any responsibilities,liabilities, penalties established pursuant
to any applicable state law or regulation under authority preserved by Section 19-5-105 ofthe Act.
O.Reopener Provisions.
This permit may be reopened and modified pursuant to R317-6-6.6.B or R317-6-6.10.C 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. D2.Changes have been determined in background ground water quality.
APPENDIX A
WATER QUALITY MONITORING
QUALITY ASSURANCE PROJECT PLAN
January 9, 2024
[On File]
APPENDIX B
VALLEY FILL LEACH AREA No. 3
CLOSUREPLAN DECEMBER 1997
[On File]
APPENDIX C
VALLEY FILL LEACH AREA No. 2
CLOSUREPLAN JULY 1995
[On File]
APPENDIX D
RESERVATION CANYON TAILINGS IMPOUNDMENT SITE CHARACTERIZATION AND FINAL CLOSURE DESIGN
JULY 30, 1999
[On File]