DWQ-2024-003645

STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY SALT LAKE CITY, UTAH 84114-4870
Ground Water Discharge Permit
Permit No. UGW570002
In compliance with the provisions of the Utah Water Quality Act, title 19, Chapter 5, Utah Code Annotated 1953, as amended, the Act,
Westinghouse Electric Company LLC
10,000 West 900 South
Ogden, Utah 84404-9760
is granted a Ground Water Quality Discharge Permit for the operation of a facility consisting of wastewater evaporation ponds and a subsurface barrier wall in Weber County, Utah.
The facility is located in the NE 1/4 of Section 18, T. 6 N., R. 3 W., Salt Lake Base and Meridian.
This permit is based on representations made by the permittee and other information contained in the administrative record. It is the responsibility of the permittee to read and understand
all provisions of this permit.
The facility shall be constructed and operated in accordance with the conditions set forth in the ground water discharge permit and the construction permit issued May18,2012, and the
Utah Ground Water Quality Protection Rules (R317-6).This permit shall become effective on _____________________,2024.
The permit and authorization to operate shall expire on _____________________, 2029.
____________________________
John Mackey, P.E.
DirectorI. SPECIFIC PERMIT CONDITIONSA.Ground Water Classification
Based on data from sentry monitoring wells located in uncontaminated ground water around the site, ground water varies naturally from Class II Drinking Water Quality Ground Water near
the plant area to Class IV Saline Ground Water across the evaporation pond area of the Western Zirconium site.B.Background Ground Water Quality
As a reference and based on data gathered before first permit issuance and completion of the barrier wall in 2013, background ground water quality in existing sentry monitoring wells
(located immediately outside the plume of contaminated ground water) is provided in Table la. Background ground water quality in existing sentry monitoring wells following the completion
of the barrier wall installation is provided in Table 1b. Ground water quality as revealed by the third quarter, 2012 (before the start of barrier wall construction) and third quarter,
2017 monitoring events in plume monitoring wells is provided in Table 2.Parameters in these tables include contaminants of environmental concern identified in the 2008 Environmental
Risk Assessment.C.Ground Water Protection Levels
Sentry wellprotection levels have been evaluated as a result of the 2023 Evaporation Pond Area Ongoing Monitoring Plan March 2023 (Appendix A). Protection levels for nitrate+nitrite,
total cyanide, fluoride, and radium 226+radium 228 are the Utah ground water quality standards from UAC R317-62. Protection levels for thiocyanate as SCN and ammonia as N are the greater
of the mean value plus two times the standard deviation developed using sentry well (excluding S-11)background data post-barrier wall. The standard ground water protection levels compared
to previous protection levels for uncontaminated sentry monitoring wells are provided in Table 3.Because of the variable saline nature of shallow ground water at this site, ground water
protection levels will not be established for total dissolved solids.
The intent of compliance monitoring in these wells is to track any expansion of the plume of contaminated ground water in areal extent. If protection levels are exceeded in any sentry
well for four consecutive monitoring events, Western Zirconium shall install a new sentry well in uncontaminated ground water immediately outside of the new plume boundary, if required
by the Director after a review of existing data indicates that the contaminant plume has reached the sentry well. The existing contaminated sentry well will continue to be monitored
as a plume monitoring well.
Table 1a. Background Ground Water Quality in Existing Sentry Monitoring Wells Pre-Barrier Wall
*Preliminary values based on available data
Table 1b. Background Ground Water Quality in Existing Sentry Monitoring Wells Post-Barrier Wall
Well
S-4
S-5
S-6
S-7
S-9
S-10
S-11
S-12
Parameter
Ammonia as N (mg/L)
7.8
6.29
6.75
3.95
3.98
5.78
10.28
3.46
Total Cyanide (mg/L)
0.0136
0.0133
0.0215
0.0039

0.0024
0.0037
0.0034
0.0026
Total Barium (mg/L)
0.164
0.345
0.093
0.61
0.24
0.701
0.138
0.205
Dissolved Cadmium (mg/L)
0.0001
0.0001
0.0001
0.0001
0.0001
0.0001
0.0001
0.0001
Dissolved Selenium (mg/L)
0.0022
0.0007
0.0039
0.0082
0.0065
0.0006
0.0041
0.0077
Dissolved Uranium (mg/L)
0.00051
0.00044
0.00066
0.00041
0.00042
0.00042
0.00057
0.0007
Total Zirconium (mg/L)
0.00275
0.00213
0.00093
0.00383
0.0001
0.0001
0.00196
0.00344
Nitrate +Nitrite (mg/L)
0.02
0.03
0.02
0.09
0.81
0.06
0.04
0.05
Radium 226 + 228 (pCi/L)
1.91

1.99
2.8
0.83
1.03
2.24
3.7
0.8
TDS (mg/L)
6695
5875
26250
1463
1015
3200
35500
1196
pH (std. units)
8.3
8.1
8.3
8.2
8.1
8
7.9
8.3 Background data from 3rd quarter 2013 to 2nd quarter 2015 (8 monitoring events)
Table 2. Water Quality in Plume Monitoring Wells in the Third Quarter, 2012 and 2017 Sampling Events
(a) Estimated quantity
(b) Current data unusable; the analyte may or may not be present.
Table 3.Standard Protection Levels Compared to Previous Protection Levels for Existing Sentry Wells
Well
Parameter
Standard
Protection
Level
S-4
S-5
S-6
S-7
S-9
S-10
S-11*
S-12
Ammonia as N (mg/L)
8.5⁴
9.5¹
6.9¹
8.0¹
4.5¹
4.2¹
7.0¹
11.7¹
3.7¹
Nitrate+ Nitrite(mg/L)
10²
10²
10²
10²
10²
10²
10²

10²
10²
Radium 226+228
(pCi/L)
5.0²
5.0
5.0
5.0
5.0
5.0
5.6
6.6
5.0
Total Cyanide (mg/L)
0.20²
0.0087
0.0082
0.0079
0.0078
0.0103
0.0094
0.00511
0.01
Thiocyanate as SCN
(mg/L)
2.4⁴
1.153
0.623
1.623
0.893
0.193
1.263
2.473
TBD³
Fluoride
(mg/L)
4.0²
0.963
1.363
1.343
1.373
1.083
1.223
2.443
TBD³
pH (std. units)
6.5-8.5²
6.5-8.5²
6.5-8.5²
6.5-8.5²
6.5-8.5²
6.5-8.5²
6.5-8.5²
6.5-8.5²
6.5-8.5²
Ecological Risk Assessment risk-based protection level
Utah Ground Water Quality Standard
Preliminary value based on existing data pre-barrier wall.4. Calculated value based on the mean plus two times the standard deviation for all sentry wells, excluding S-11. Data range
of eight consecutive sampling events 2013-2015. Ammonia standard guidance documents: Flexibilities for States Applying EPA’s Ammonia Criteria Recommendations (EPA, 2013), and Utah
Division of Water Quality, Water Quality Standards R317-2-14 Numeric Criteria (UDWQ) were also utilized.

*Note: Sentry well S-11 will no longer be monitored as part of the groundwater monitoring network. Calculated values for ammonia as N and thiocyanate as SCN did not include S-11 data.D.Waste
Containment and Discharge Minimization Technology
Authorized Discharge
Only wastewater from Western Zirconium's manufacturing process, as described in the permit Statement of Basis, may be discharged into the wastewater evaporation ponds.
Waste Containment
Western Zirconium constructed a subsurface barrier wall around the existing wastewater evaporation ponds in accordance with a Division of Water Quality Construction Permit issued May
18, 2012. The subsurface barrier wall has a hydraulic conductivity of I x 10-7 cm/sec or less and will inhibit lateral flow of wastewater that has infiltrated into the subsurface from
the existing wastewater evaporation ponds. The barrier wall is keyed into a layer of low-permeability clay identified in previous geotechnical investigations. The low-permeability clay,
in combination with the upward hydraulic gradient caused by ground water rising from deeper aquifers, will inhibit vertical flow of wastewater from the ponds.
Discharge Minimization Technology
Performance of the wastewater containment system provided by the new subsurface barrier wall, in combination with the underlying clay layer and the upward vertical hydraulic gradient,
will be monitored under the provisions of this permit. If a comprehensive review of permit monitoring data indicates that the system is not performing as anticipated, Western Zirconium
will be required to develop alternative plans to minimize discharge of wastewater to waters of the state.
This discharge minimization technology is part of Western Zirconium 's response to a Notice of Violation and Order issued by the Division of Water Quality in 1999. Ground water at this
site has very limited beneficial uses due to its high salinity and low yield to wells; however, the main threat to the waters of the state is contamination of surface water at the site
by upwelling ground water. The long-term goal of this remedial action is to decrease concentrations of contaminants of concern in surface water to levels identified as harmless to wildlife
in Western Zirconium's 2008 Ecological Risk Assessment. These cleanup goals, based on ecological risk and Utah ground water standards, are listed in Table 4. Due to natural background,
previous uses of the land, and other factors beyond Western Zirconium's control, some cleanup goals may not be attainable at this site.Table 4. Cleanup Goals for Surface Water
Parameter
Cleanup Goal
Source
Ammonia, mg/L
0.34
1
Total Cyanide, mg/L
0.0052
2
Total Barium, mg/L
0.004
1
Dissolved Cadmium, mg/L
0.00064
1
Dissolved Selenium, mg/L
0.0046
Dissolved Uranium, mg/L
0.0026
1
Total Zirconium, mg/L
0.017
1
Nitrate + Nitrite, mg/L
10
3
Radium 226 + 228, pCi/L
5
3
pH (std. units)
6.5-8.5
3
Sources for Cleanup Goals:1 Ecological Risk Assessment Mud Flat Area Cleanup Goals (2008)
2 Ecological Risk Assessment Cleanup Goal for Free Cyanide
3 Utah Ground Water Standards
4. Activities to Restore and MaintainCapacity in the Evaporation Pond System
Due to seasonal variability in regional precipitation, restoring the capacity of the current evaporation pond system may become necessary. The process utilized to restore evaporation
pond receiving capacity includes dredging of solids from the ponds and placing dredged material in the on-site reclaimed pond or disposing of the materials at an approved landfill. Future
capacitymaintenancemay be necessary to maintain evaporation pond receiving capacity for daily operations.Sampling and evaluation of the materials will be conducted to determine the appropriate
disposal location. Additional permitting from the Utah Division of Water Quality (UDWQ) and Utah Division of Waste Management and Radiation Control (UDWMRC) will be required for this
process.E.Compliance Monitoring Requirements1.Purpose and Nature of Compliance Monitoring
The purpose of compliance monitoring for this permit is to monitor the natural attenuation of an existing plume of contaminated ground water, and to monitor the performance of the discharge

minimization technology authorized under this permit.
Most ground water discharge permits issued under UAC R317 are for new facilities located over uncontaminated ground water, and compliance monitoring is based on detection of ground water
contamination above the permit protection levels. This type of compliance monitoring has limited usefulness in this case. Instead, compliance with the terms of this permit will be based
on evaluation of several types of evidence to demonstrate that the site's permitted discharge minimization technology is functioning as anticipated.
Compliance monitoring for the permit will be done under Western Zirconium's "Evaporation Pond Area Ongoing Monitoring Plan" (OMP) dated March 2023 and incorporated as Appendix A of this
permit. The OMP lists procedures for taking ground and surface water samples, the analytical methods to be used, and their detection limits. Analytical methods listed in the OMP may
only be changed with approval by the Director. Analysis of all ground water and surface water samples shall be performed by laboratories certified by the State Health Laboratory. Analytical
method detection limits must be equal to or lower than permit protection levels.2.Compliance Monitoring Points
Several distinct types of monitoring points will be used to collect data needed to demonstrate that Western Zirconium's discharge minimization technology is performing as anticipated.
The list of sentry wells has been modified as a result of identified restrictions and potential off-site influences:
Seven sentry monitoring wells (S-4, S-5, S-6, S-7, S-9, S-10, and S-12) will be sampled semi-annually to monitor any expansion in the area of the plume of contaminated ground water.
Sentry well S-11 will be removed from the monitoring network and decommissioned in accordance with UAC R655-4-11.4. Analytical results from this sampling will be compared to the standardpermit
protection levels. Ground water elevations will also be measured in sentry wells. Analytical parameters for all ground water monitoring are listed in Table 1of Appendix A. Parameters
used to define permit compliance will be ammonia, fluoride, nitrate + nitrite, total cyanide, thiocyanate, radium 226 + 228, and field pH. Other parameters listed in Table 6 of Appendix
A were identified as parameters of environmental concern in Western Zirconium's 2008 Environmental Risk Assessment, which are unsuitable as wastewater tracers, and are monitored for
informational purposes only.
Plume monitoring wells N l, N2, RI, S2, S3, S8 (existing in 2012) and PW-l , PW-2, PW-3, PW-4, PW-5, PW-6, PW-7 and PW-8 (constructed with the barrier wall in 2013) will be sampled annually
during the second event for the parameters listed in Table 1 and Table 6 of Appendix A, to monitor trends in contaminant concentrations within the plume of contaminated ground water.Analytical
results from all plume monitoring wells will be compared to the standard permit protection levels. Result comparisons will be used for informational and attenuation purposes. Ground
water elevations will also be measured in plume monitoring wells.
Six surface water bodies (SWB-3, SWB-7, SWB-8, SWB-9, SWB-10, and SWB-11) will be sampled opportunistically(when water is present) for informational purposes. Parameters for surface
water monitoring are the same as the parameters for ground water monitoring listed in Table 1 and Table 6 of Appendix A.
Ground water elevations will be measured semi-annually at piezometers outside the subsurface barrier (PI, P2, P3, P4, P5, P6, P7, P8, P9, P10, P11, P12, P14, PI5, TP2, TP4, TP5, TP6,
TP7, TP8, TP9, TP10, TP11, TP12 and TP34), at existing nested piezometers (NPIR, NP2R, NP3, NP4, and NP5); and at twelve sets of paired piezometers installed on either side of the subsurface
barrier wall around its perimeter (PP1 through PP12, A and B). Ground water elevations from piezometers and monitoring wells will be used to construct a potentiometric surface contour
map. Ground water elevations from nested piezometers will be used to evaluate the vertical hydraulic gradient. Ground water elevations from the paired piezometers will be used to evaluate
the effectiveness of the subsurface barrier wall in blocking groundwater flow. Locations of these monitoring points are shown in Figure 2 of Appendix A.
Protection of Monitoring Points
All monitoring wells and surface water monitoring sites must be protected from damage or from contamination due to surface spills. They shall be maintained in full operational condition
for the life of this permit. Any monitoring point that becomes damaged beyond repair or is rendered unusable by any cause shall be replaced by the permittee within 90 days or as required
by the Director.
Monitoring Requirements
Sampling of ground and surface water, measurement of ground water elevations, monitoring parameters, frequency and all other monitoring and analytical procedures will conform to the
provisions of the March 2023 Evaporation Pond Area Ongoing Monitoring Plan contained in Appendix A.
Accelerated Background Monitoring
The permittee shall collect at least eight independent samples from all new sentry monitoring wells and eight independent samples from all new plume monitoring wells over a four-year
period, and analyze them for the parameters listed in the OMP contained in Appendix A. F.Reporting Requirements
Routine Reporting
The permittee shall submit to the Director semi-annual reports of compliance monitoring. The reports shall include the following information:
Field data sheets or copies thereof, including records of measurement of field parameters, and other pertinent data, such as monitoring point name, date and time, names of sampling crew,
depth to ground water, type of sampling pump or bailer, calculated casing volume and volume of water purged before sampling.
Copies of lab reports showing the results of analyses of surface and ground water samples required under the monitoring plan in Appendix A, including date sampled, date received and
results of analysis for each parameter including value or concentration, units of measurement, method detection limit for the examination, analytical method, and date of analysis. The
analytical methods and method detection limits for every parameter mustconform to those in the Evaporation Pond Area Ongoing Monitoring Plan in Appendix A, or the most currently approved
monitoring plan. The report must include error terms and Lower Limit of Detection (LLD) for Radium 226 + 228 analyses and other radiologic analyses, as applicable.
Reports of ground water elevations measured in monitoring wells and piezometers and at the Western Zirconium site, a potentiometric contour map of the water table aquifer generated from
these data, and the value of the vertical hydraulic gradient as measured at all nested piezometers required by this permit.
Analytical results of sampling the sentry wells for the parameters required under this permit plotted on a map of the site showing sentry well locations.
Current and all past analytical values for all required monitoring parameters and field measurements for all wellsrequired to be monitored per event compiled on Excel spreadsheets, one
spreadsheet for each monitoring point.
Routine semi-annualmonitoring shall be reported according to the schedule below, unless modified by the Director.
Monitoring Period
Report Due Date
January through June
September 1
July through December
March1
Other Reporting
a)When background monitoring has been completed for any new sentry well, the permittee shall submit an Excel spreadsheet listing all the background monitoring data for that particular
well. The report may be submitted as part of a regular semi-annualmonitoring report.

Any new construction or modification to facilities covered under this permit or used for monitoring under this permit shall be reported in the next regular semi-annual monitoring report.
Any exceedance of permit protection levels in a sentry monitoring well shall be reported in the next regular semi-annual monitoring report.
Electronic Filing Requirements
Semi-annual monitoring reports will be submitted electronically to the Division of Water Quality.G.Expansion of Plume Area and Noncompliance Status
Expansion of Plume Area Revealed by Protection Level Exceedance
If permit protection levels are exceeded in any sentry monitoring well for four consecutive monitoring events, the permittee shall locate and construct a new sentry well immediately
outside the new boundary of the plume of contaminated ground water if required by the Director after a review of existing data indicates that the contaminant plume has reached the sentry
well, and upon completion of well development, begin accelerated monitoring procedures according to Part I.E.5, above. The replaced existing sentry well shall be monitored as a plume
well according to Part I.E.,2.b) above.
Noncompliance Status
If, after a review of monitoring data, including but not limited to ground water elevations, contaminant concentration trends in plume and sentry monitoring wells, and contaminant concentrations
in surface water, the Director concludes that Western Zirconium's discharge minimization technology is not functioning as designed, the Division of Water Quality shall notify Western
Zirconium of the noncompliance status based on the monitoring results for that quarter.
After four consecutive monitoring events of notified noncompliance status, the Director shall require Western Zirconium to submit a plan within 180 days to determine the source of the
noncompliance and bring the facility back into compliance. The goal for this plan shall be to minimize discharge of contaminants to the subsurface and the eventual reduction of surface
water contamination to contaminant levels equal to or below the cleanup goals identified in the 2008 Ecological Risk Assessment.H.Compliance Schedulel.Monitoring Well As-Built Report
If new monitoring well construction is required, the permittee shall submit a report on the well construction, including surveyed location, elevation of water level measuring point,
well construction and screening detail and a log of the geologic materials encountered during drilling. The report is due within 30 days of well completion.
II. 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 R317-6-6.3L, 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 quarterly reporting period specified in the permit, shall be submitted to the Director of the Utah Division of Water Quality at the following
address according to the schedule in Part I.F.I (e):
State of Utah
Division of Water Quality
P.O. Box 144870
Salt Lake City, Utah 84114-4870
Attention: Ground Water Protection Program
The due dates for reporting are defined in SectionI., Part F of this permit.
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 at a compliance monitoring point 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
l. Records of monitoring information shall include:
The date, exact place, and time of sampling or measurements;
The individual(s) who performed the sampling or measurements;
The date(s) and time(s) analyses were performed;
The name of the certified laboratory which performed the analyses;
The analytical techniques or methods used; and,
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 five 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.Notice Of Noncompliance Reporting
l . 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 thru Friday 8:00 am - 5:00 pm Mountain Time).
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 description of the noncompliance and its cause;
The period of noncompliance, including exact dates and times;
The estimated time noncompliance is expected to continue if it has not been corrected; and,
Steps taken or planned to reduce, eliminate, and prevent reoccurrence of noncompliance.

Reports shall be submitted to the addresses in SectionII., Part D, Reporting of Monitoring Results.J. Other Noncompliance Reporting
Instances of noncompliance not required to be reported within 5 days 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:
l. 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;
Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and,
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 of any planned changes to 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 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 include 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.
IV. GENERAL REQUIREMENTS
A. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility which 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 to the permitted facility or activity which is anticipated 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 new permit. 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 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.
l. All permit applications shall be signed as follows:
For a corporation: by a responsible corporate officer;
For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively.
For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official.
All reports required by the permit and other information requested by the Director shall be signed by the person described above or by a duly authorized representative of that person.
A person is a duly authorized representative only if:
The authorization is made in writing by a person described above and submitted to the Director, and,
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.)
Changes to Authorization. If an authorization under Part IV.G.2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,

a new authorization satisfying the requirements of Part IV.G.2 must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an
authorized representative.
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:
l. The current permittee notifies the Director at least 30 days in advance of the proposed transfer date;
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,
The Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify, or revoke and reissue the permit. If this notice is not received, the
transfer is effective on the date specified in the agreement mentioned in paragraph 2 above.
M. State Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, penalties established pursuant
to any applicable state law or regulation under authority preserved by Section 19-5-117 of the Act.
N. Reopener Provisions
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:
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 R317-6.4(D)
Changes have been determined in background ground water quality.
APPENDIX A
Evaporation Pond Area Ongoing Monitoring Plan, March 2023