DWQ-2024-007421

STATE OF UTAHDIVISION OF WATER QUALITYUTAH WATER QUALITY BOARDSALT LAKE CITY, UTAH 84114-4870GROUND WATER DISCHARGE PERMIT
In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Annotated 1953, as amended, the Act,Kennecott Utah Copper LLC (Kennecott)4700 Daybreak
ParkwaySouth Jordan, Utah 84009
is granted a ground water discharge permit for the operation of the Copperton Concentrator in Salt Lake County, Utah.
The primary facilities associated with the Copperton Concentrator are located on the following tract of land Township 3 South, Range 2 West (Salt Lake Base and Meridian). This permit
also covers additional components of Kennecott’s operations associated with these primary facilities, including the identified components within the pipeline corridors as more specifically
detailed in Table 2, and any ancillary features related to the primary facilities and the specified components in Table 2.
Facility
Latitude(deg, min, sec)
Longitude(deg, min, sec)
Coarse Ore Stockpile
40, 35, 4.36 N
112, 6, 7.58 W
Grinding Plant
40, 35, 2.67 N
112, 6, 0.18 W
Flotation Plant
40, 35, 1.77 N
112, 5, 57.18 W
Molybdenite Plant
40, 35, 0.92 N
112, 5, 54.2 W
Process Water Res.
40, 34, 58.18 N
112, 6, 27.55 W
Retention Pond 1
40, 34, 52.1 N
112, 5, 59.24 W
Retention Pond 2
40, 34, 55.94 N
112, 5, 42.43 W
Retention Pond 3
40, 35, 10.44 N
112, 5, 30.6 W
Retention Pond 4
40, 35, 5.11 N
112, 5, 19.27 W
Tailings Thickener 1
40, 35, 4.95 N
112, 5, 44.83 W
Tailings Thickener 2
40, 35, 6.08 N
112, 5, 37.95 W
Tailings Thickener 3
40, 34, 59.9 N
112, 5, 38.29 W
Row 7 & 8 Flotation Building and Row 9 &10 in a second Flotation Building
40, 35, 07.08N
112, 5, 53.63W
Copper Thickener
40, 34, 58.3 N
112, 5, 56.54 W
Copper-Moly Thickener
40, 34, 57.94 N
112, 5, 53.98 W
Overflow Clarifier
40, 34, 56.21 N
112, 5, 56.88 W
Byron Jackson Pump Station
40, 35, 0.28 N

112, 5, 34.59 W
3B Surge Basin
40, 38, 38.49 N
112, 5, 46.07 W
Process Water Return Line
Begin at 40, 42, 48.57 N
112, 7, 8.83 W
End at 40, 35, 1.29 N
112, 6, 25.51 W
Tailings Lines
Begin at 40, 35, 17.97 N
112, 5, 28.56 W
End at 40, 43, 1.52 N
112, 7, 54.53 W
The 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 conditions set forth in the permit and the Utah Ground Water Quality Protection Regulations.
This permit shall become effective on ________________________, 2024
This permit and the authorization to operate shall expire at midnight on __________________, 2029.
_______________________________________________
John K. Mackey, P.E.
Director
Utah Division of Water Quality
Table of ContentsI.SPECIFIC PERMIT CONDITIONS5A.Ground Water Classification5B.Ground Water Protection Levels5C.Best Available Technology Performance Standard5D.Permitted Facilities6E.Design
and Construction6F.Monitoring6G.Demonstration of Compliance8H.Non-Compliance for Best Available Technology9I.Reporting Requirements10J.Compliance Schedule10II.MONITORING, RECORDING AND
REPORTING REQUIREMENTS11A.Representative Sampling.11B.Analytical Procedures.11C.Penalties for Tampering.11D.Reporting of Monitoring Results12E.Compliance Schedules12F.Additional Monitoring
by the Permittee12G.Records Contents12H.Retention of Records12I.Twenty-four Hour Notice of Noncompliance and Spill Reporting12J.Other Noncompliance Reporting13K.Inspection and Entry13III.COMPLIANCE
RESPONSIBILITIES13A.Duty to Comply13B.Penalties for Violations of Permit Conditions13C.Need to Halt or Reduce Activity not a Defense14D.Duty to Mitigate14E.Proper Operation and Maintenance14IV.
GENERAL REQUIREMENTS14A.Planned Changes14B.Anticipated Noncompliance14C.Permit Actions14D.Duty to Reapply14E.Duty to Provide Information14F.Other Information15G.Signatory Requirements15H.Penalties
for Falsification of Reports16I.Availability of Reports16J.Property Rights16K.Severability16L.Transfers16M.State Laws16N.Reopener Provision17
TABLES:
Table 1:Ground Water Protection Levels
Table 2: Permitted Facilities
Table 2A:Tailings Lines Release Response
APPENDICES:
Appendix A: Process and Pipeline Release Prevention, Control and Response Plan
Appendix B: Kennecott Ground Water Characterization and Monitoring Plan
SPECIFIC PERMIT CONDITIONS
A.Ground Water Classification. Ground water in the immediate area of the Copperton Concentrator is not classified along with a majority of the tailings line area. Generally, the water
quality for the principal basin-fill aquifer of the Salt Lake Valley has been classified as Class II Drinking Water Quality with an area of Class IA Pristine Ground Water near Kearns
and UT Hwy 173; the area north of Hwy 201 is Class III, Limited Use Ground Water. B.Ground Water Protection Levels. Ground water protection levels for the Copperton Concentrator area
compliance monitoring wells W31, COG1149A and COG1149B, COG2860A&B, HCG2861B, WJG2862B, NEM650A, NEM651A, NEM652A, and COG2867A&B are identified in Table 1. Permit limits for these
wells are based on samples collected from the wells at the time of initial permitting. The identified protection levels have been set using the requirements for Class II ground water
identified in R 317-6-4.5.
Permit limits will be established for newly installed monitoring wells along the pipeline (Part I.J. 1&2) after sufficient sampling data becomes available to establish background concentrations.
Table 1. Permit No. UGW350017
Protection Levels for Ground Water
Well ID
pH
Sulfate
TDS
Selenium
Copper
Cadmium
Arsenic
Zinc
WJG2862B
6.5-8.5
49
1534

0.013
0.325
0.001
0.013
1.25
W31
6.5-8.5
85
744
0.013
0.325
0.007
0.013
1.25
NEM650A
6.5-8.5
231
1364
0.013
0.325
0.003
0.013
1.25
NEM651A
6.5-8.5
540
1626
0.026
0.325
0.003
0.013
1.25
NEM652A
6.5-8.5
585
1597
0.025
0.325
0.003
0.022
1.25
HCG2861B
6.5-8.5
29
613
0.013
0.325
0.001
0.013
1.25
COG2867B
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
COG2867A

TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
COG1149B
6.5-8.5
15
650
0.013
0.325
0.002
0.013
1.25
COG1149A
6.5-8.5
30
1170
0.013
0.325
0.002
0.013
1.25
BCG2860A
6.5-8.5
16
997
0.013
0.325
0.001
0.013
1.25
BCG2860B
6.5-8.5
9
940
0.013
0.325
0.001
0.013
1.25
Groundwater Quality Standard
6.5-8.5
n/a
n/a
0.05
0.005
1.3
0.05
5
NOTES:
Units: milligrams per liter (mg/L), except for pH
Ground water protection levels and compliance limits are established in accordance with R317-6-4.
Only the highest allowable value is shown in Table 1.
NEM650A, NEM651A, and NEM652A limits match the UGW350015 Permit, 2020.
COG2867A & COG2867B permit limits will be determined after at least 8 samples have been collected.C.Best Available Technology Performance Standard. The enforceable performance standard
for this permit to achieve protection of ground water quality will be to minimize release of solids and/or fluids from the permitted facilities listed in Table 2. The permittee is responsible

for implementing and maintaining the best available technology (BAT) noted in Table 2 to minimize discharge of process fluids from the permitted facilities to ground water. Maintenance
of this performance standard will be demonstrated by:1.Adherence to the function, inspection, and maintenance criteria in Table 2. 2.No ground water degradation beyond permit limits
as established in Table 1 and measured by compliance monitoring wells.
3.Implementation of theProcess Material, Pipeline Spill Prevention, Minimization, and Response Plan (Plan) attached asAppendix A.
4.Closure - The Copperton Concentrator shall undergo closure in accordance with the closure plan submitted in Section 6 of the permit application. This plan will be updated 1 year before
final closure.D.Permitted Facilities. The facilities authorized under this permit are listed in Table 2 and are the primary facilities associated with the Copperton Concentrator (including
the identified components within the pipeline corridors more specifically detailed on Table 2) and any ancillary features related to those facilities. These facilities constitute those
where there is potential for release of fluids to ground water. A fiber filter plant for the small synthetic polypropylene fibers in the shotcrete is currently being constructed, and
the construction permit for this facility is included in this permit as Appendix B.
Table 2. Permitted Facilities (see attached)
E.Design and Construction. 1.The Copperton Concentrator will be operated according to the specifications, plans and drawings included in the original permit application received January
2000.
F.Monitoring1.General Provisionsa)Future Modification of the Monitoring Network - If at any time the Director determines the monitoring program to be inadequate for determining compliance
with BAT, applicable permit limits or ground water protection levels, Kennecott shall submit within 30 days of receipt of written notice from the Director, a modified monitoring plan
that addresses the inadequacies noted by the Director.b)Compliance Monitoring Period - Monitoring shall commence upon issuance of this permit and shall continue through 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.c)Laboratory
Approval - All water quality analyses shall be performed by a laboratory certified by the State of Utah to perform such analysis.Water Level Measurement - In association with each well
sampling event, water level measurements shall be made in each monitoring well prior to removal of any water from the well bore. 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.e)Sampling Protocol - Water quality samples will be collected
and handled in conformance with the currently approved version of the Kennecott Ground Water Characterization and Monitoring Plan.f)Constituents Sampled - The following analysis shall
be performed on all water quality samples collected:
Field Measurements: pHSpecific conductanceTemperature
Laboratory Analysis:
Major Ions:
Chloride
SulfateAlkalinitySodiumPotassiumMagnesiumCalcium
TDS
Inorganic Chemicals: Cyanide-Total
Metals (dissolved):ArsenicCadmiumCopperSeleniumZincg)Analytical Procedures - Permittee shall conduct water sample analysisaccording to test proceduresspecified under Utah Admin. Code
R317-6-6.3L. The GCMP details the analytical and field procedures which complywith the above referenced code.2.Operational Monitoringa) Kennecott shall characterize the applicable fluids
utilized in the Copperton Concentrator processes with grab samples for the unit process sites listed in Table 2.b)Monitoring Frequency - Operational monitoring shall occur two times
during the five-year term of this permit. The first sampling event shall occur in the second year of the permit term. The second sampling will be conducted in the last year of the
permit term. Results from operational monitoring data shall be included during the application for permit renewal process.3.Monitoring Frequency. Well Monitoring Frequency - All existing
compliance monitoring wells will be sampled quarterly throughout the term of this permitunless more frequent sampling is required under other terms of this permit.4.Post-Closure Monitoring.
Kennecott shall conduct post-closure monitoring in accordance with the post closure monitoring program that is included in the closure plan in section 6 of the permit application.G.Demonstration
of Compliance.1.Probable Out of Compliance for Ground Water Protection Levels - If the concentration of a pollutant from any compliance monitoring well sample is greater than the protection
level (Table 1) Kennecott shall:a)Notify the Director in writing within 30 days of receipt of the data; andb)Resample the well to confirm the probable out-of-compliance statuswithin
60 days of receipt of the data and immediately initiate monthly sampling if the value exceeds both the background concentration of thepollutant by two standard deviations and an applicable
permit limit, unlessthe director determines that other periodic sampling is appropriate, for aperiod of two months or until the compliance status of the facility can bedetermined.2.Out
of Compliance Status for Ground Water Protection Levels. Out of compliance status exists when:a)Two or more consecutive samples from a compliance monitoring well are above the protection
level for a pollutant (Table 1); orb)The concentration of any pollutant in two or more consecutive samples is statistically significantly higher than the applicable protection level.
Statistical significance shall be determined using methods described in Statistical Methods for Evaluating Ground Water Monitoring Data from Hazardous Waste Facilities, Vol. 53, No.
196 (Federal Register, Oct. 11, 1988).c)Upon determining that an out of compliance situation exists, Kennecott shall:i)Notify the Director of the out of compliance status within 24 hours
of detection followed by a written notice within 5 business days of the detection.ii)Initiate monthly sampling unless the Director determines that other periodic sampling is appropriate
until the facility is brought into compliance.iii)Submit a Source Assessment and Compliance Schedule to the Director within 30 days of detection of the out of compliance status that
outlines the following:
Steps of action that will assess the source, extent, and potential dispersion of the contamination.
Evaluation of potential remedial actions to restore and maintain ground water quality and ensure the protection levels or permit limits will not be exceeded at that compliance monitoring
point.
Measures to ensure BAT will be re-established.
iv)Implement the Source Assessment and Compliance Schedule as directed by the Director.
H.Non-Compliance with Best Available Technology.1.Kennecott is required to maintain BAT in accordance with the approved design and practice (refer to Table 2) of this permit and the
BAT performance standard requirements of Part I.C. 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, Kennecott may affirmatively defend against that action by demonstrating the following:
a.Kennecott submitted notification in accordance with R317-6-6.13;
b.The failure was not intentional or caused by Kennecott’s negligence, either in action or in failure to act;
c.Kennecott 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;
and
d.The provisions of UCA 19-5-107 have not been violated.2.When a non-compliance with BAT is identified, Kennecott shall provide the Director with a description of the down gradient monitoring
wells appropriate for monitoring ground water protection levels as a result of the noncompliance. If existing monitoring wells are not adequate to monitor potential impacts resulting

from the noncompliance, the permittee shall propose location(s) for installation of additional monitoring wells for approval by the Director based on information presented below:prepare
a hydrogeologic cross section of the area using available data from existing Kennecott wells, nearby municipal wells, USGS maps, etc., including well depths and screened intervals,prepare
a water table map based on most recent available data, any other relevant information to support location(s) of new monitoring wells, anda site map showing the location(s) of proposed
new wells.I.Reporting Requirements.1.Reporting
a.Monitoring Wells - Water quality sampling results with any supporting data shall be submitted quarterly to the Director.
b.Tailings and Process Water Releases–Reporting requirements for releasesof tailings water shall be in accordance with Table 2A. All other spills, including process waternot exempted
under Table 2A, shall be reported in accordance with Part II.I. or J. of this permit.
Quarterly reporting to the Director shall be according to the following schedule:
QuarterReport Due On
1st (January-March)May 15
2nd(April-June)August 15
3rd (July-September)November 15
4th(October-December)February 15
Failure to submit reports within the time frame due shall be deemed as noncompliance and may result in enforcement action.2.Delivery Requirements - the permittee shall electronically
submit the required ground water monitoring data using a transmittal mechanism and format approved by the Director. If requested by the Director, hard copies shall also be submitted.
J.Compliance ScheduleFuture Modification of the Monitoring Network – If at any time the Directordetermines the monitoring program to be inadequate for determining compliance, applicable
permit limits, or ground water protection levels, Kennecott shall submit within 30 days of receipt of written notice from the Director a modified monitoring plan that addresses the inadequacies
noted by the Director.Updated Site Diagrams—Kennecott will generate and provide updated site diagrams including a ground water contour map, plume map, and compliance well network within
the first year of this permit’s issuance.Suspension of Compliance Reporting Requirements—DWQ is suspending the compliance reporting requirements of certain constituents in compliance
monitoring wells as follows:Monitoring wells BCG2860A and BCG2860B—Compliance reporting requirements for sulfate exceedances are suspended while new protection levels are calculated,
unless results are greater than 30% over the current protection level. All exceedances will still be included in Quarterly Reports.Monitoring well COG1149A—Compliance reporting requirements
for TDS exceedances are suspended while new protection levels are calculated, unless results are greater than 30% over the current long-term average. All exceedances will still be included
in Quarterly Reports.II.MONITORING, RECORDING AND REPORTING REQUIREMENTSA.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 R317-6-6.3L, 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 for each monitoring period specified in the permit, shall be submitted
to the Director, Utah Division of Water Quality at the following address no later than 45 days after the end of the monitoring period (unless specified otherwise in this permit):
State of Utah
Division of Water Quality
Department of Environmental Quality
195 North 1950 West
Salt Lake City, Utah 84114-4870
Attention: Ground Water Protection SectionE.Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in
any Compliance Schedule of this permit shall be submitted no later than 14 days following each schedule date.F.Additional Monitoring by the Permittee. If the permittee monitors any
pollutant more frequently than required by this permit, using approved test procedures as specified in this permit, the results of this monitoring shall be included in the calculation
and reporting of the data submitted. Such increased frequency shall also be indicated.G.Records Contents. Records of monitoring information shall include:1.The date, exact place, and
time of sampling or measurements:2.The individual(s) who performed the sampling or measurements;3.The date(s) and time(s) analyses were performed;4.The individual(s) who performed the
analyses;5.The analytical techniques or methods used; and,6.The results of such analyses.H.Retention of Records. The permittee shall retain records of all monitoring information, including
all calibration and maintenance records and copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at
least three years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time.I.Twenty-four Hour Notice of Noncompliance
and Release Reporting.1.Subject to the provisions of UCA 19-5-114, and consistent with Appendix A “Process and Pipeline Release Prevention, Control and Response Plan”, the permittee
shall verbally report any noncompliance or release which may endanger public health or the environment as soon as possible, but no later than twenty-four (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 hournumber, [phone], or to the Division of Water
Quality, Ground Water Protection Section at [phone], during normal business hours (8:00 am - 5:00 pm Mountain Time).2.A written submission shall also be provided to the Director
within five business 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; and,e.Why an R317-6-6.15 corrective action should or should not be conductedas a result of the noncompliance or release. 3.Reports shall
be submitted to the addresses in Part II.D, Reporting of Monitoring Results.J.Other Noncompliance Reporting. Instances of noncompliance not required to be reported within 24 hours,
shall be reported at the time that monitoring reports for Part II.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 where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of the permit;2.Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;3.Inspect
at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and,
4.Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location.
III.COMPLIANCE RESPONSIBILITIESA.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 re-issuance, or modification; or for denial of a permit renewal application. The permittee shall give advance notice to
the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.B.Penalties for Violations of Permit Conditions.
The Act provides that any person who violates a permit condition implementing provisions of the Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any
person who willfully or negligently violates permit conditions is subject to a fine not exceeding $25,000 per day of violation. Any person convicted under Section 19-5-115(2) of the
Act a second time shall be punished by a fine not exceeding $50,000 per day. Nothing in this permit shall be construed to relieve the permittee of the civil or criminal penalties for

noncompliance.C.Need to Halt or Reduce Activity not a Defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce
the permitted activity in order to maintain compliance with the conditions of this permit.D.Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.E.Proper Operation and Maintenance. The permittee shall
at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance
with the conditions of this permit. Proper operation and maintenance also 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 REQUIREMENTSA.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 re-issuance, 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 Director shall be signed by a person described
above or by a duly authorized representative of that person. A person is a duly authorized representative only if:a.The authorization is made in writing by a person described above
and submitted to the Director, and,b.The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.)3.Changes to Authorization.
If an authorization under Part 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 permittee if:1.The current permittee notifies the Director at least 30 days in advance of the
proposed transfer date;2.The notice includes a written agreement between the existing and new permittee containing a specific date for transfer of permit responsibility, coverage, and
liability between them; and,3.The Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify, or revoke and reissue the permit. If
this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph 2 above.M.State 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 Provision. This permit may be reopened and modified (following proper administrative procedures) to include the
appropriate limitations and compliance schedule, if necessary, if one or more of the following events occurs:1.If new ground water standards are adopted by the Board, the permit may
be reopened and modified to extend the terms of the permit or to include pollutants covered by new standards. The permittee may apply for a variance under the conditions outlined in
R317-6-6.4(D)2.If alternate compliance mechanisms are required3.If pollutant concentrations in process waters at the facility are significantly higher than represented in the original
permit application.