DWQ-2024-005193

STATE OF UTAHDEPARTMENT OF ENVIRONMENTAL QUALITYDIVISION OF WATER QUALITYWATER QUALITY BOARDP.O. BOX 144870SALT LAKE CITY, UTAH 84114-4870Ground Water Discharge PermitPermit No. UGW270001
In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Annotated 1953, as amended, the Act,
Materion Natural Resources
P.O. Box 815
Delta, Utah 84624
(formerly Brush Resources) hereafter referred to as the Permittee, is granted a Ground Water Discharge Permit for the operation of a beryllium mill tailings pond located 10 miles northeast
of Delta, Utah. The facility is located on a tract of land within the NE¼ of Section 32, Township 15 South, Range 5 West, Salt Lake Base and Meridian, Millard Co., Utah.
This permit is based on representation made by the Permittee and other information contained in the administrative record. It is the responsibility of the Permittee to read and understand
all provisions of this permit.The tailings pond 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 the date signed below.
This permit and authorization to operate shall expire at midnight_____________, 2029.
Signed this ____ day of _____________, 2024.
___________________________________________
John Mackey
Director
TABLE OF CONTENTS
PART ISPECIFIC CONDITIONS1
A.Ground Water Classification1
B.Background Ground Water Quality1
C.Ground Water Protection Levels1
D.Best Available Technology (BAT) Standard1
E.Compliance Monitoring Requirements3
F.Noncompliance Status4
G.Reporting Requirements6
H.Compliance Schedule8
I.Tailings Storage Facility Expansion8
PART IIMONITORING, RECORDING, AND REPORTING REQUIREMENTS9
A.Representative Sampling9
B.Analytical Procedures9
C.Penalties for Tampering9
D.Reporting of Monitoring Results9
E.Compliance Schedules9
F.Additional Monitoring by the Permittee9
G.Records Contents9
H.Retention of Records9
I.Twenty-four Hour Notice of Noncompliance Reporting10
J.Other Noncompliance Reporting10
K.Inspection and Entry10
PART IIICOMPLIANCE RESPONSIBILITIES11
A.Duty to Comply11
B.Penalties for Violations of Permit Conditions11
C.Need to Halt or Reduce Activity not a Defense11
D.Duty to Mitigate11
E.Proper Operation and Maintenance11
PART IVGENERAL REQUIREMENTS12
A.Planned Changes12
B.Anticipated Noncompliance12
C.Permit Actions12
D.Duty to Reapply12
E.Duty to Provide Information12
F.Other Information12
G.Signatory Requirements12
H.Penalties for Falsification of Reports13
I.Availability of Reports13
J.Property Rights13
K.Severability14
L.Transfers14
M.State Laws14
N.Reopener Provision14

TABLE 1: Permit Limits for Compliance Monitoring Wells15
PART ISPECIFIC CONDITIONS
A.Ground Water Classification
The ground water classification of the upper artesian aquifer under the tailings pond is Class IA Pristine ground water to Class II Drinking Water Quality ground water.Upgradient wells
Nielson Stock Well (NSW) and 31-MWand downgradient wells DH-55 and DH-56 exhibit total dissolved solids concentrations to classify as Class IA Pristine ground water. Upgradient well
DH-14 and downgradient well DH-57 are Class II Drinking Water Quality ground water.
B.Background Ground Water Quality
Background concentrations presented in the Statement of Basis are based on compounds that may be in a discharge from operation of the facilities. Permit Limits for compliance monitoring
wells for this permit are presented in Table 1 and are not to be exceeded in the downgradient monitoring wells screened in the upper artesian aquifer. Permit Limits are based on background
sampling performed to date and on the criteria of UAC R317-6-4. An out-of-compliance condition with these permit limits is defined in Part I.F.2. Utah's Ground Water Quality Protection
Rules also contain standards for other compounds such as metals, pesticides, and volatile organic chemicals. The ground water around the mill site must meet all the applicable protection
levels contained in UAC R317-6 even though this permit does not require monitoring for each specific chemical listed in the regulations. Therefore, the Permittee shall only discharge
normal operation wastes to the tailings pond limited to slurry discharges from the tailings disposal tank, treated sanitary sewage, and other inert solid wastes from the mill operations
that may contain beryllium. Discharge to the tailings pond of other compounds in other than deminimisconcentrations including those defined (unless conditionally exempt) as hazardous
wastes under UAC R315 such as paints, used oil, antifreeze, lab waste, metals, leachate, corrosives, pesticides or volatile organic compounds is prohibited under this permit. Changes
in the current average composition of the waste stream must be reported to the Division within five days at the address in Part II.D.
C.Ground Water Protection Levels
Table 1 provides ground water protection levels for compliance monitoring wells. A sampling result is out-of-complianceif it exceeds the Protection Level in two consecutive samples.
D.Best Available Technology (BAT) StandardAuthorized Construction - The operational tailings pond (TSF1) at the Materion Natural Resources (Materion) beryllium mill facility is authorized
by this permit. TSF1 is approximately 220 acres in area and contains finely ground bertrandite ore and waste rock. This facility has the potential for release of fluids to ground water.
Any further modification by Materion to the present facilities that have the potential to affect ground water will require both modification of this permit and a construction permit.2.Discharge
Minimization Technology -The administration of the permit, to assure compliance with ground water protection regulations, is founded on the use of discharge minimizationtechnology (DMT)
defined in a report dated April 15, 1993 and in a subsequent January 20, 1999 version by BrushResources. In summary, the DMT for the tailings pond is:
a)The interior of TSF1 was sealed with approximately 24 inches of tailings slimes with an effective hydraulic conductivity of 1 x 10-6 cm/s. The slimes were produced in a cyclone station
and hydraulically transported and placed within separate cells that divideTSF1. This seal restricts seepage as it would be impossible to achieve zero discharge from TSF1.
b)There will be a continuous control of the total wastewater seepage mound volume. DMT should strive for an overall reduction in mound volume.
c)The current well field located west, north,and south of the tailings pond shall be pumped to the extent practicablein an effort to decrease the seepage mound volume. The pumped water
will be utilized in the mill process or evaporated in the tailings pond.
d)Enhanced evaporation to the maximum extent feasible within the tailings pond through a distribution system of pumps and piping.Enhanced evaporation of tailings is the controlling output
of the water balance. Materion will drive mound growth stabilization and reduction by appropriately sizing and operating the enhanced evaporation system according to the results of
the water balance. Through these practices the wetted area and depth of pooling in TSF1 should be minimized thus reducing infiltration and eventually the volume of the seepage mound.
3.BAT Performance Monitoring - During the period beginning with the effective date of the permit and lasting the term of the permit or as stated in an approved closure plan, the Permittee
shall sample wells in the underlying upper artesian aquifer, monitor technology performance wells screened in the seepage mound beneath the tailings pond, and provide technology performance
monitoring of the DMT of the tailings pond and the seepage mound recovery system.
Ground Water Quality Compliance Monitoring Points- Background water quality and compliance monitoring shall be conducted in the underlying upper artesian aquifer that could be affected
by contaminated discharges into the aquifer, according to the provisions specified in the Materion Natural Resources Compliance and Technology Performance Monitoring Sampling Plan, V5–
Revised January 2024 – (monitoring sampling plan). Compliance and protection levels are those for Class I and II ground water as specified in Table 1. The wells and monitoring schedules
are specified as follows:
a)Background downgradient monitoring well 31-MW and upgradient wells DH14A and the NSW shall be sampled annually. Samples shall be analyzed for the parameters specified in Part I.E.1.f.
The well locations are shown in Figure 1 of the approved monitoring sampling plan.
b)Compliance monitoring wells DH-55, 56, and 57 are completed in the upper artesian aquifer downgradient of the seepage mound. They shall be sampled semi-annually, and the samples analyzed
for the parameters specified in Part I.E.1.f.
c)Radionuclidessamples are collected at the frequency specified in the monitoring sampling plan.4.Technology Performance Standard Monitoring- Materion shall perform the following technology
performance monitoring according to the provisions specified in the monitoring sampling plan to determine if the use of DMT is controlling the seepage of tailings water to the seepage
mound to the extent described in Part I.D.2.Technology performance monitoring data shall be submitted to theDirector as required in Part I.G.
a)Monitor water levels in those wells completed in the seepage mound on a quarterly basis in order to monitor the seepage from the tailings pond as required by UAC R317-6-6.4C. These
wells shall include Drill Holes 7A, 8A, 9A, 10A, 11B, 12B, 13, 14A, 15, 16B, 17, 19, 20, 21, 22A, 23A, 24, 25B, 26, 28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 41A, 42, 43, 44, 45, 46, 47,
48, 51, 52, 53, 55, 56, 57, 58, 59, 60, 61, 62, 63, and 64. In addition, the background and compliance monitoring wells listed in Part I.D.3.a,b shall also be monitored at the same time.
Their locations are shown on Figure 1 of the approved monitoring sampling plan. Once per year the water level readings from these wells will be used to recalculate the volume of the
seepage mound according to the provisions specified in the approved monitoring sampling plan.This list reflectschangesas a result ofthe final construction design of the tailings pond
expansion(TSF2)(Part I.I).b)Monitor pH of discharge to the tailings pond once each quarter.
c)An operating log shall be kept of the seepage mound recovery system indicating which wells were pumping, and the total volume pumped from the mound.
d)An operating log shall be kept of the whole tailings pumping rate indicating the total monthly slurry flow to the tailings pond.This information must be maintained at the plant premises
and available upon request.5.Mound Growth Stabilization and Reduction - Materion presented a water balance in the Seepage Mound Stabilization Report submitted along with the TSF2 Detailed
Design Report to the DWQ in May 2021. The deliverables of this technical study were to:
a)Develop a detailed plan outlining how Materion will stabilize the mound growth and bring the tailings pond into water balance.
b)Develop a continued plan detailing how the mound will be reduced in thickness to the required 20 ft thick targetas per the Interim Closure Plan amendments of July 1, 2001.
E.Compliance Monitoring RequirementsMonitoring shall continue throughout the life of this permit. For compliance monitoring wells that are installed during the term of this permit,
monitoring shall commence upon completion of the well installation and development.1.Ground Water Monitoring
a)Sampling shall be conducted according to the provisions of the monitoring sampling plan.

b)In association with each well sampling event, water level measurements shall be made in allmonitoring wellswithin a 24 hour period prior to removal of any water from the well casing.
These measurements will be made from a permanent single reference point clearly marked on the top of the well or surface casing. Measurements will be made to the nearest 0.01 foot.
Groundwater samples shall be taken only after adequate removal orpurging of standing water within the well casing has been performed. This shall consist of removalof three casing volumes
for monitoring wells DH-55, DH-56, DH-57, DH-14A, and NSW. Due to a significantly greater water column height in the deep well 31-MW, adequate purgingshall consist of removal until field
parameter stabilization according to the provisions of themonitoring sampling plan.c)Analytical Procedures - All laboratory analyses shall be performed by a laboratory certified by the
State of Utah to perform the tests required. Water sample analysis will be conducted according to test procedures specified under UAC R317-6-6.3L.
d)Damage to Monitoring Wells - If any monitoring well is damaged or is otherwise rendered inadequate for its intended purpose, the Director shall be notified by written notice within
five days.
e)Water quality sampling results for compliance monitoring shall be reported to the Director as required in Part I.G:f)Constituents Sampled - The following analyses for all ground water
quality samples shall be performed according to the monitoring sampling plan:
Field Measurements: pH, specific conductance, temperature
ii)Laboratory Analysis:TDS (Total Dissolved Solids)
Ions: fluoride, sulfate, nitrate, nitriteMetals (dissolved): arsenic, barium, beryllium, cadmium, chromium, copper, lead, mercury, selenium, silver, and zincRadionuclides:radium 226,
radium 228, thorium 230, thorium 232, uranium, gross alpha, gross beta
F.Noncompliance Status1.Probable Out-of-Compliance for Ground Water Protection Levels - If the concentration of a pollutant from any compliance monitoring well sample exceeds the protection
level (Table 1) Materion shall:Notify the Director in writing within 30 days of receipt of the data.Resample affected compliance well(s) within 30 days of receipt of the data.c)If confirmation
samples collectedalso exceed the protection limit,initiate quarterly sampling for the compliance monitoring well(s) that has exceeded the protection level, unless the Director determines
that other periodic sampling is appropriate, for a period of two quarters or until the compliance status of the facility can be determined.2.Out-of-Compliance Status Based on Confirmed
Exceedance of Permit Ground Water Protection Levelsa.Out-of-Compliance Status shall be defined as follows:For parameters that have been defined as detectable in the background and for
which protection levels have been established, out-of-compliance shall be defined as two consecutive samples exceeding the protection level.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 within 24 hours of receipt of data.Provide written notice within five days of the determination.Continue an accelerated schedule of quarterly ground water
monitoring for at least two quartersand continue quarterly monitoring until the facility is brought into compliance as determined by the Director.c.Source and Contamination Assessment
Study Plan - Within 30 days after the written notice to the Director required in Part I.F.2.b.ii, the Permittee shall submit an assessment study plan and compliance schedule for:Assessment
of the source or cause of the contamination and determination of steps necessary to correct the source.Assessment of the extent of the ground water contamination and any potential dispersion.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 points.3.Out-of-Compliance
Status Based Upon Failure To Maintain Discharge Minimization Technology - In the event that the Permittee failsto maintain DMT or otherwise fails to meet DMT standards as required by
the permit, the Permittee shall submit to the Director a notification and description of the failure according to UAC R317-6-6.13. Verbal Notification shall be given within 24 hours
of the Permittee's discovery of the failure of DMT, and shall be followed up by written notification, including the information necessary to make a determination under UAC R317-6-6.16.C.2,
within five days of the Permittee's discovery of the failure of DMT.4.Materion is required to maintain the BATin accordance with the approved design and practice for this permit. Failure
to maintain BAT or maintain the approved design and practice shall be a violation of this permit. In the event a compliance action is initiated against the Permittee for violation of
permit conditions relating to BAT, Materion may affirmatively defend against that action by demonstrating all ofthe following:
a)Materion submitted notification in accordance with UAC R317-6-6.13.
b)The failure was not intentional or caused by Materion’s negligence, either in action or in failure to act.
c)Materion has taken adequate measures to meet permit conditions in a timely manner or has submitted, for the Director's approval, an adequate plan and schedule for meeting permit conditions.
d)The provisions of UAC 19-5-107 have not been violated.
G.Reporting Requirements1.Compliance Monitoring Reports- Monitoring required in Part I.D.3,4 and Part I.E.1shall be reported according to the schedule below, unless modified by the Director:Semi-Annual
Compliance Monitoring Report ScheduleMonitoring PeriodReport Due DateJanuary through JuneAugust 15July thru DecemberFebruary 152.Ground Water Quality Sampling - Reporting and record
keeping requirements are as follows:a.Field data sheets or copies thereof, including the field measurements required in Part I.E.1 and other pertinent field data, such as: well name/number,
date and time, names of sampling crew, type of sampling (pump or bail), and volume of water purged before sampling shall be maintained at the site and be made available to the Directorupon
request.b.Laboratory analytical results including date sampled, date received, and the results of analysis for each parameter,including:value or concentration, units of measurement,
laboratory minimum reporting limit, analytical method, and the date of the analysis shall be included in the semi-annual reports.c.Tabulated water level data for the wells described
in PartI.D.4.ashall be included in the semi-annual reports.
d.Tabulated monthly summaries of thedaily operating logs described in PartI.D.4.b,c,d will be submitted in the semi-annual monitoring reports.The daily operating logs will be maintained
on site and shall be made available to the Directorupon request.
e.A summary report of construction, the seepage mound water levels, and seepage mound volume for the previous calendar year as described in Part I.D.4.awill be submitted annually on
February 15 which includes:
Description of construction.
Information on water levels and potentiometric surface of seepage mound and compliance monitoring well data.
Calculations and maps of previous years data and compilation of historical data for mound volume history, mound footprint, and water level and potentiometric profile information.
Electronic Filing Requirements - The Permittee will electronically submit the required ground water monitoring data (analytical ground water results, water level measurements, production
well volumes) in the electronic format specified by the Director. A pdf version of the full report, including analytical data, will be submitted through the online DEQ Submission Portal.
All analytical data and updated tables will be provided in .xlsx format. The data may be submitted through the online DEQ Submission Portal at https://deq.utah.gov/water-quality/water-quality-electronic-submissions.
Should the online DEQ Submission Portal be inactive during the reporting period, submissions may be made via email to the current DWQ permit manager with copy to [e-mail].
Monitoring Well As-Built Report - For each new well constructed, the Permittee shall submit diagrams and descriptions of the final completion of the monitoring well. 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, and slot size.c.Sand Pack: depth interval, material type, and grain size.
d.Annular Seals: depth interval and material type.
e.Surface Casing and Cap: depth, diameter, material type, and protection measures constructed.

f.Elevation and 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, and results of well pump tests or slug tests.
5)Failure to submit reports within the time frame due shall be deemed as noncompliance and may result in enforcement action.
H.Compliance ScheduleThree new monitoring wells completed in the upper artesian aquifer should be installed within 180 days of the permit renewal date in order to better define ground
water flow rate and direction. DWQ staff will work with the facility to determine locations of these wells.Future Modification of the Monitoring Network – If at any time the Director
determines the monitoring program to be inadequate for determining compliance with DMT, applicable permit limits, or ground water protection levels, Materion shall submit within 30 days
of receipt of written notice from the Director a modified monitoring sampling plan that addresses the inadequacies noted by the Director.
A detailed closure plan for the tailings pond shall be submitted to the Directorat least 12 months before final termination of operations at the facility. The details will follow the
Tailings Pond Conceptual Closure Plan of October 28, 1993, Interim Closure Plan amendments of July 1, 2001, and the TSF2 Conceptual Closure Plan included in the May 2021 TSF2 Detailed
Design Report.
I.Tailings Storage Facility Expansion
1.The current tailings pond (TSF1) is nearing capacity. As of January 1, 2024, there is an estimated 180,000 dry tons available for solids storage. As Materion has an estimated 75+
years of reserves remaining, the tailings pond expansion (TSF2) was required for the continuation of beryllium production. The TSF2 Detailed Design Report was submitted to the DWQ in
May 2021 as a requirement of the 2019 renewal of this permit.
2.The May 2021 TSF2 Detailed Design Reportincludes details associated with future operations of TSF1 in support of mound growth stabilization and reduction.
3.The as-built footprint of TSF2 impacted monitoring wells DH-22 and DH-23. Materion abandoned these monitoring wells in December 2021. As defined previously in this report, the water
level readings from these monitoring wells are used to recalculate the volume of the seepage mound on an annual basis. Materion installed replacement monitoring wells DH-22A and DH-23A
in March 2024.
PART IIMONITORING, RECORDING,AND REPORTING REQUIREMENTS
A.Representative Sampling
Samples taken in compliance with the monitoring requirements established under Part I shall be representative of the monitored activity.
B.Analytical Procedures
Water sample analysis must be conducted according to test procedures specified under UAC R317-6-6.3.L unless other test procedures have been specified in this permit.
C.Penalties for Tampering
The Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both.
D.Reporting of Monitoring Results
Monitoring results obtained during each reporting period specified in the permit shall be submitted to the Director, Utah DWQ at the following address, according to the schedule set
forth in Part I.G.1:
State of Utah
Division of Water Quality
P.O. Box 144870
Salt Lake City, Utah84114-4870
Attention: Ground Water Protection Section
E.Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of, this permit shall be submitted no later
than 14 days following each schedule date.
F.Additional Monitoring by the Permittee
If the Permittee monitors any pollutant more frequently than required by this permit, using approved test procedures as specified in this permit, the results of this monitoring shall
be included in the calculation and reporting of the data submitted. Such increased frequency shall also be indicated.
G.Records Contents
Records of monitoring information shall include:1.The date, exact place, and time of sampling or measurements.2.The individual(s) who performed the sampling or measurements.3.The date(s)
and time(s) analyses were performed.4.The individual(s) who performed the analyses.5.The analytical techniques or methods used.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 (801)
536-4123ANDto the DWQ, Ground Water Protection Section at [phone] during normal business hours (Monday through Friday8:00 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.d.Steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance.3.Reports shall be submitted to the addresses in Part II.D.
J.Other Noncompliance Reporting
Instances of noncompliance not required to be reported within 24 hours shall be reported at the time that monitoring reports for Part II.D are submitted.
K.Inspection and Entry
The Permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:1.Enter 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.4.Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act any substances

or parameters at any location.
PART IIICOMPLIANCE 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 Permitteeshall 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 IVGENERAL 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
in Part IV.G.1 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
in Part IV.G.1 and submitted to the Director; and,b.The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility
or activity, such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.)3.Changes
to Authorization - If an authorization under Part IV.G.2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,
a new authorization satisfying the requirements of Part IV.G.2 must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an
authorized representative.4.Certification - Any person signing a document under this section shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
H.Penalties for Falsification of Reports
The Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under
this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction be punished by a fine of not more than $10,000 per violation, or by imprisonment
for not more than six months per violation, or by both.

I.Availability of Reports
Except for data determined to be confidential by the Permittee, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices
of the Director. As required by the Act, permit applications, permits, effluent data, and ground water quality data shall not be considered confidential.
J.Property Rights
The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal
rights, nor any infringement of federal, state, or local laws or regulations.
K.Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
L.Transfers
This permit may be automatically transferred to a new permitteeprovidedall of the following conditions are met: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 currentand new permittee containing a specific date for transfer of permit responsibility, coverage,
and liability between them.3.The Director does not notify the current 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 Part IV.L.2.
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, or 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. ThePermittee may apply for a variance under the conditions outlined in UAC 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 Table 1 are not accurate.If the implementation of TSF2 does not meet the requirements necessary for this Ground
Water Permit as outlined by the Director.
TABLE 1: Permit Limits for Compliance Monitoring Wells