HomeMy WebLinkAboutDWQ-2024-006916STATE OF UTAHDEPARTMENT OF ENVIRONMENTAL QUALITYDIVISION OF WATER QUALITYWATER QUALITY BOARDP.O. BOX 144870SALT LAKE CITY, UTAH 84114-4870GROUND WATER DISCHRGE PERMITPermit No. UGW210002
In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Annotated 1953, as amended, the Act,American Pacific Corporation (AMPAC)10622 West 6400
NorthCedar City, Utah 84721
Hereafter referred to as the Permittee, is granted a Ground Water Discharge Permit for wastewater evaporation lagoons at northwest of Cedar City, Utah, which is located at 37 47' 53"
N lat., 113 16' 49" W long.
This amended andrenewed Ground Water Quality Discharge Permit amends and supersedes all other Ground Water Discharge permits for this facility previously issued.
This permit shall become effective on October, ##, 2024
The permit and authorization to operate shall expire onOctober ##, 2029
___________________________________________
John K. Mackey, P.E.
Director
Utah Division of Water Quality
TABLE OF CONTENTSTABLE OGF CONTENTSiiPART I.CONSTRUCTION PERMIT ISSUANCE1A.Authorized DesignandConstruction…………..…….……………………………………1
PART IISPECIFIC PERMIT CONDITIONS…………………………….…………………….1.A.Ground Water Classification……..……………………………………………………….1B.Background GroundQuality….…………………………………………………………..1C.Permitted Facilities
and Best Available Technology Standards….……………………….2D.Monitoring Procedures………………..…………………………………………………..4E.Reporting Requirements…………………………………………………..…….………...5F.Corrective Action………………………………………………………………..………...7PART
IIIMONITORING, RECORDING AND REPORTING REQUIREMENTS8A.Representative Sampling8B.Analytical Procedures8C.Penalties for Tampering8D.Reporting of Monitoring Results8E.Compliance Schedules9F.Additional
Monitoring by the Permittee9G.Records Contents9H.Retention of Records9I.Twenty-four Hour Notice of Noncompliance Reporting9J.Other Noncompliance Reporting10K.Inspection and Entry10PART
IVCOMPLIANCE RESPONSIBILITIES10A.Duty to Comply10B.Penalties for Violations of Permit Conditions10C.Need to Halt or Reduce Activity not a Defense11D.Duty to Mitigate11E.Proper Operation
and Maintenance11PART VGENERAL REQUIREMENTS11A.Planned Changes11B.Anticipated Noncompliance11C.Permit Actions11D.Duty to Reapply11E.Duty to Provide Information12F.Other Information12G.Signatory
Requirements12H.Penalties for Falsification of Reports13I.Availability of Reports13J.Property Rights13K.Severability13L.Transfers13M.State Laws13N.Reopener Provision14
Part ICONSTRUCTION PERMIT ISSUANCE
AUTHORIZED DESIGN AND CONSTRUCTION
WECCO Evaporation Pond #2 As part of this ground water permit, a construction permit will be issued to AMPAC to construct a second WECCO evaporation pond. The construction permit will
be issued concurrently with this permit. Under authority of the Utah Water Quality Act, Section 19-5-108(1) Utah Code Ann. 1953, as amended and Utah Administrative Code R317-1, the
authorized facilities will be constructed in accordance with the engineering design plans and specifications attached as Appendix A. Part II.D of this permit describes the Best Available
Technology (BAT) standards for these permitted facilities
The authorized evaporation pond will be constructed in accordance with the engineering design plans and specifications approved by the Construction Permit. The pond will have a double
lined system with leak detection. The pond footprint is approximately 3.7 acres with the maximum storage capacity of 14.5 acre-feet of volume with 3-feet of freeboard. The pond will
be double lined with a 60-mil high density polyethylene (HDPE) liners and have a leak detection system.
WECCO Evaporation Pond #1The current evaporation pond for the WECCO facility (Pond #1) was constructed with a single 60-mil HDPE liner. On January 29, 2013 a Construction Permit was
issued by DWQ for the repair of that pond. For many years AMPAC has been submitting annual Surface Impoundment Updates to the Division of Waste Management and Radiation Control. These
updates included Toxic Characteristic Leaching Procedure (TCLP) analytical results for the wastewater discharged to the current evaporation pond. This current pond and a new proposed
evaporation pond will now be regulated under this Ground Water Discharge Permit. All future submittals shall come to DWQ.
PART II.SPECIFIC PERMIT CONDITIONS
GROUND WATER CLASSIFICATION
Based on data submitted by the permittee, the upper most ground water under the site is defined as Class II. Data used for this determination was from AMPAC’s upgradient monitor well,
MW-1, approximately 1000 feet north and 4700 feet east of the southwest corner of Sec. 35, T. 34 S., R. 13 W.Materials encountered during drilling of this well were predominantly clays
and silts with minor sand and gravel lenses. Moist soil was first encountered at 170-190 feet during drilling, and the static water level measured after well completion was about 140
feet below land surface. This indicates that the uppermost ground water under the site is underneath confining layers and under artesian pressure. Under these conditions, ground water
monitoring would probably be an ineffective means to demonstrate compliance with the BAT containment technology standard of this permit.
BACKGROUND GROUND WATER QUALITY
Based on sixteen samples taken from well MW-1 between December 1992 and September 1993, background ground water quality is defined in Table 1.
Parameters
Background Quality
(mg/l)
Ground Concentration
( mg/l)
C_pHoinsufficient data
TD S
543(a)
Fluoride
0.64(b)
Nitrate
1.69
Sulfate
223
Arsenic
0.011
Barium
0.09
Cadmium
-
Chromium
0.011
Copper
0.02
Lead
0.025
Mercury
0.0002(c)
Selenium
0.0001(c)
Silver
-
Zinc
0.072
(a)TDS- Total Dissolved Solids
(b)Method detection limit x 0.5 used for non-detectable
values in computing average
(c) Method detection limit
PERMITTED FACILITIES AND BEST AVAILABLE TECHNOLOGY (BAT) STANDARDS
Best Available Treatment Performance StandardAzide Wastewater Evaporation Lagoon
AuthorizedDesign and Construction
The Azide wastewater evaporation lagoon and related facilities, were constructed as shown on plans approved by the Division of Water Quality's Construction Permit issued for this project
on July 22, 1992.
The wastewater evaporation lagoon is constructed as a no-discharge facility. The uppermost liner consists of 80 mil HDPE underlain by a plastic drainage net and a 40-mil HDPE liner to
form a leak collection and removal system, which breaks the hydraulic head on lower liners. Leaks in the upper liner would only wet a small portion of the middle liner and fluids in
this layer would not have driving pressure to force them through the middle liner. Below the middle liner is another drainage net overlying a composite liner consisting of a 40 mil VLDPE
liner overlying 12 inches of clay having hydraulic conductivity of 1 x 10-7 cm/sec or less. This layer acts as a leak detection system and prevents release of any leaks to the environment.
Both upper and lower drainage nets drain to sumps, which can be monitored and pumped out.
Compliance with Best Available Treatment Technology
The wastewater evaporation lagoon will be operated as a no discharge facility. Compliance with this condition will be demonstrated by having no wastewater in the lower leak detection
system. The upper leak collection and removal system will be operated to relieve pressure beneath the upper liner. Any leakage through the middle liner will be detected in the lower
leak detection system. A third flexible membrane liner overlying one foot of clay underlies the lower leak detection layer, to insure rapid reporting of any compromise in integrity of
the middle liner.
The permittee uses a batch process to reduce any sodium azide present in wastewater from the sodium azide plant to below detectable levels before discharge to the lagoon. Wastewater
is tested for sodium azide after completion of the first step of batch treatment. Discharge does not begin until azide is reported as non-detect. Wastewater is sampled and tested during
discharge from the treatment system into the pond. Monitoring is performed and records are kept of these test results as per Part I D 1 to demonstrate compliance with this performance
standard. Wastewater from deionization resin regeneration at the WECCO oxidizer plant will be discharged to the lagoon without testing.
Discharge of hazardous waste to the lagoon shall constitute non-compliance with this permit.
Wastewater from deionization resin regeneration at the azide plant will be tested for azide. If azide is reported as non-detect then the water will be discharged directly to the lagoon.
If azide is detected then that water will be sent through the treatment system.
Discharge to the impoundment consists of intermediate process streams that cannot reasonably undergo additional operations to produce commercial products and the intermediate azide anion
shall not be considered a P105 hazardous waste or characteristic hazardous waste.Leak Detection
The lower leak detection system will be monitored to assure the permittee is achieving best available treatment technology. Compliance is demonstrated by no detection of fluids in the
lower leak detection system. Upon detection of wastewater in the lower leak detection system, the permittee shall follow the requirements of Part I.E.1 (b).
Best Available Treatment Performance Standard WECCO Evaporation Pond #1 and #2.
Authorized Design and Construction
The WECCO Evaporation Pond #2 is designed with two 60-mil High-Density Polyethylene (HDPE) liners with a leak detection system with the Construction Permit and engineering design plans
and specifications attached as appendix A. The WECCO Evaporation Pond #1 was constructed with a single 60-mil HDPE liner. The repair work performed in 2013 was completed under a Construction
Permit issued by DWQ.
Compliance with Best Available Treatment Technology
These ponds are used for the washdown of the WECCO facilities and may have trace amounts of ammonium perchlorate. The facilities are initially swept and cleaned prior to the washdown.Upon
completion and approval Pond #2 will be put into use. The leak detection system will become the point of compliance. Pond #1 will then be taken out of service and allowed to dry.
It will then be inspected and repaired as necessary. A second HDPE liner may be installed with a leak detection system. A Construction Permit would be required for that construction.
As long as Pond #1 has just a single HDPE liner, sampling will be requiredand if contamination levels begin to raise, a study will be required on what the effects could have on the
underlying groundwater. The clay and silt confining layers should also help prevent contamination from reaching the groundwater.
MONITORING PROCEDURES
Discharge to the Azide Impoundment
The following sampling and destruction procedures are used to test each batch of wastewater from the sodium azide plant before discharge to the lagoon:
Circulate the contents of the batch tank.
Obtain a sample (approximately 100 ml) of the contents of the vessel.
Determine the concentration of residual azide in the sample.
Transfer a portion of the solution in the batch tank to the destruction vessel.
Calculate a treatment recipe based on laboratory analysis and volume of solution in the destruction vessel.
Treat for residual intermediate azide anion.
Obtain a sample of the treated process water from the destruction vessel.
Analyze the sample for residual azide ion.
If azide anion is present then modify the treatment recipe and re-treat the solution in the destruction vessel.
When the on-site laboratory reports non-detect for the azide ion then adjust the pH of the destruction vessel to between 7 and 9 and send the solution to the pond.
Transfer the remaining contents of the solution in the batch tank to the destruction vessel. Use the same volume and the same recipe that was determined in the first treatment step
for each additional step of the batch.
Sample solution flow at regular intervals as the contents of the azide destruction vessel are being discharged to the pond. Analyze a composite of the samples to verify solution flow
to the pond is free from residual azide.
If azide is detected in the composite sample then sample the pond and investigate the cause.
If azide is detected in the pond then resample the pond after 14 days.
If azide is detected in the second pond sample then the process is out of compliance and reporting is required within 24 hours.
Records shall be kept of the test results for all batches of wastewater discharged to the lagoon, and these records shall be available for examination by representatives of the Department
of Environmental Quality during normal business hours.
Monitoring Procedures for Leak Detection System
A dry swab, constructed of a flexible steel tape with a bundle of cloth or paper towels to the end, will be used to monitor the presence of fluids in both the upper leak collection and
lower leak detection sumps. In order to supplement manual fluid detection capability, AMPAC shall monitor the sumps receiving drainage from the upper leak collection and removal system
and the lower leak detection system by direct manual observation on a weekly basis. AMPAC shall keep a daily record of the volume of fluids removed from either of these sumps.
Discharge to the WECCO Ponds
The annual Surface Impoundment Updates (TCLP) will include both ponds and will be submitted to DWQ.Sampling of the wastewater going into the pond shall continue. A grab sample from
each pond shall also be required. Sampling and testing for ammonium perchlorate shall also required.
REPORTING REQUIREMENTS
Out-of-Compliance Status
If azide is detected in any sample of the flow into the Azide impoundment, AMPAC shall notify the Division of Water Quality (DWQ) and the Hazardous Waste Section of the Division of Waste
Management and Radiation Control within 24 hours by telephone and in writing within five business days
If any fluids are detected in the lower leak detection sumpsof the Azide impoundment or if the permittee has otherwise failed to meet containment technology standards as required by
this permit, the permittee shall notify DWQ by telephone within 24 hours and in writing within five working days. Unless it can be demonstrated that the fluid in the sump is not wastewater,
which has leaked from the lagoon, the permittee shall immediately begin activities to locate, isolate to temporarily exclude wastewater from the lower layer, and repair any leaks in
the pond's liners. Within 30 days of the original discovery of fluids in the sump, the permittee shall submit a report to DWQ containing a description of the source of the fluid in the
sump, the period that fluid was entering the sump including exact dates and times, and if the leakage has not been corrected, the anticipated time it is expected to continue; and steps
already taken or plans to reduce, eliminate and prevent recurrence of the leakage. The plans will be implemented upon approval by DWQ. An evaluation shall also be made of whether wastewater
or other contaminants have been released to the environment. If such a release has occurred, the permittee shall follow the procedures for corrective action outlined in Part I.G. If
there is a failure of the lagoon's containment system, DWQ may require cessation of discharge or lagoon closure. Upon completion of any repairs or remediation activities, the permittee
shall submit a report demonstrating the integrity of the lagoon's containment system.
c.In the event a compliance action is initiated against the permittee for violation of permit conditions relating to containment technology, the permittee may affirmatively defend against
that action by demonstrating the following:
The permittee submitted notification according to Parts I. (E) and I. (G) of this permit;
The failure was not intentional or caused by the permittee's negligence, either in action or failure to act;
The permittee has taken adequate measures to meet permit conditions in a timely manner or has submitted to DWQ, for Director approval, an adequate plan and schedule for meeting permit
conditions; and
The provisions of Utah Code Ann. 19-5-107 have not been violated.
Monitoring Reports on the following shall be submitted to DWQ on a quarterly basis, as applicable:
At the Azide impoundment, daily reports on the volume of fluids removed from the leak collection sumps.
At the Azide impoundment- dates of testing for manual leak detection probes, and results of each test, if this is the primary means of detecting fluids in the sumps.
At the WECCO Pond #1 the sampling shall be completed quarterly and the sample shall be taken at the outfall of the pipe flowing into the pond.
WECCO Pond #2 will be a double lined pond with a leak detection system. The point of compliance will be the leak detection system. A monitoring plan of the leak detection system is
required for review and approval before Pond #2 can be put into use. This may be part of the operations and maintenance manual required in the Construction Permit. Upon completion
of Pond #2, Pond #1 will be taken out of service and allowed to dry. Pond #1 will then be carefully inspected and repaired as necessary. At that time, Pond #1 may also be reconstructed
and converted to a double lined pond with a leak detection system. A Construction Permit shall be required for that work.
A grab sample from each pond will also be required. The sampling results will now be sent to DWQ.
These reports shall be submitted quarterly to DWQ as follows:
Monitoring QuarterReport Due On
1st(Jan., Feb., Mar.)April 15
2nd(Apr., May, June)July 153rd(July, Aug., Sept.)October 15
4th(Oct., Nov., Dec.)January 15
Recordkeeping
The permittee shall keep records of the following activities, and make them available to representatives of the Department of Environmental Quality upon request, during regular business
hours.
Dates of visual checks of the leak collection and leak detection sumps, and observations of presence or absence of fluids in the sumps at the Azide impoundment.
Dates, times and results of tests for sodium azide for all batches of wastewater discharged to the impoundment.
Report on Permit Review
Within 30 days of receipt of this renewed permit, the permittee shall report in writing to DWQ that he has read and is familiar with all terms and conditions of this permit.
CORRECTIVE ACTION
If monitoring or testing indicates that the permit conditions may be or are being violated, the permittee shall promptly make corrections to the system in accordance with R317-6-6.14
of the Utah Ground Water Protection Regulations. If contaminants are released to the ground surface or subsurface which may cause pollution of waters of the state from any source at
the facility, the permittee must comply with the requirements of section 19-5-114 of the Utah Water Quality Act. In the event of such release, the permittee shall promptly take any feasible
action reasonably necessary to halt or mitigate any immediate risk to the environment or public health which may but not necessarily include (1) eliminating the source of contamination,
(2) immediate cleanup or containment of surface contaminants, (3) erecting barriers to public access, and (4) placing of warning signs. The permittee must also immediately notify DWQ
of the release and containment and/or cleanup measures taken or to be taken. Within thirty days of the occurrence of such release, the permittee shall submit to DWQ a written report
describing the nature and extent of the release and remedial measures taken or to be taken to protect ground water or surface water and to eliminate or minimize contamination. Upon receipt
of such report, DWQ may order the permittee to prepare a plan for assessing the contamination remaining from the release, if any, including a timetable for completion of such assessment.
Upon approval of the assessment plan, the permittee shall implement the plan and submit an assessment report to DWQ. Upon receipt and review of the assessment report, DWQ may order the
permittee to perform appropriate remedial measures including development of a remedial plan for approval by DWQ.
If necessary, DWQ may order the development of assessment and remediation plans any time after a release is reported.
CLOSURE PLANS
When the useful life of the lagoon is over, the permittee will allow the lagoon's contents to evaporate to dryness. The accumulated salts and sediments will be tested for hazardous characteristics
and will be disposed of in an approved off-site disposal facility. The liners will be evaluated for any potential environmental threat, and will be disposed of or left in place as appropriate.
The site will then be reclaimed or developed for other uses.
The permittee shall comply with any other applicable regulations, which are in effect at the time of closure. AMPAC shall submit a conceptual closure plan for Director review and approval
within 2 years of this renewal. Final, proposed closure plans shall be submitted to DWQ for approval at least one year before the start of closure operations.
PART IIIMONITORING, 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 Division of Water Quality at the following address no later
than the 15th day of the month following the completed reporting period:
State of Utah
Division of Water Quality
P.O. Box 144870
Salt Lake City, Utah84114-4870
Attention: Ground Water Protection Section
Electronic reporting submission portal:
https://lf-public.deq.utah.gov/WebLink/Welcome.aspx
E.Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of this permit shall be submitted no later
than 14 days following each schedule date.
F.Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than required by this permit, using approved test procedures as specified in this permit, the results of this monitoring shall
be included in the calculation and reporting of the data submitted. Such increased frequency shall also be indicated.
G.Records Contents
Records of monitoring information shall include:1.The date, exact place, and time of sampling or measurements:2.The individual(s) who performed the sampling or measurements;3.The date(s)
and time(s) analyses were performed;4.The individual(s) who performed the analyses;5.The analytical techniques or methods used; and,6.The results of such analyses.
H.Retention of Records
The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, and records of
all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended
by request of the Director at any time.
I.Twenty-four Hour Notice of Noncompliance Reporting1.The permittee shall verbally report any noncompliance which may endanger public health or the environment as soon as possible, but
no later than 24 hours from the time the permittee first became aware of the circumstances. The report shall be made to the Utah Department of Environmental Quality 24 hour number,
(801) 536-4123, or to the Division of Water Quality, Ground Water Protection Section at (801) 536-4300, 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; and,d.Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.3.Reports shall be submitted to the addresses in Part 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.
PART IVCOMPLIANCE RESPONSIBILITIES
A.Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal application. The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
B.Penalties for Violations of Permit Conditions
The Act provides that any person who violates a permit condition implementing provisions of the Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any
person who willfully or negligently violates permit conditions is subject to a fine not exceeding $25,000 per day of violation. Any person convicted under Section 19-5-115(2) of the
Act a second time shall be punished by a fine not exceeding $50,000 per day. Nothing in this permit shall be construed to relieve the permittee of the civil or criminal penalties for
noncompliance.
C.Need to Halt or Reduce Activity not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
D.Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or
the environment.
E.Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee
to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions
of the permit.
PART VGENERAL REQUIREMENTS
A.Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required when the alteration
or addition could significantly change the nature of the facility or increase the quantity of pollutants discharged.
B.Anticipated Noncompliance
The permittee shall give advance notice of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
C.Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
D.Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a permit renewal or extension.
The application should be submitted at least 180 days before the expiration date of this permit.
E.Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this
permit.
F.Other Information
When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the
Director, it shall promptly submit such facts or information.
G.Signatory Requirements
All applications, reports or information submitted to the Director shall be signed and certified.1.All permit applications shall be signed as follows:a.For a corporation: by a responsible
corporate officer;b.For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.c.For a municipality, State, Federal, or other public agency: by
either a principal executive officer or ranking elected official.
2.All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person.
A person is a duly authorized representative only if:a.The authorization is made in writing by a person described above and submitted to the Director, and,b.The authorization specified
either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized
representative may thus be either a named individual or any individual occupying a named position.)3.Changes to Authorization. If an authorization under Part 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 LawsNothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, penalties established
pursuant to any applicable state law or regulation under authority preserved by Section 19-5-117 of the Act.
N.Reopener Provision
This permit may be reopened and modified (following proper administrative procedures) to include the appropriate limitations and compliance schedule, if necessary, if one or more of
the following events occurs:1.If new ground water standards are adopted by the Board, the permit may be reopened and modified to extend the terms of the permit or to include pollutants
covered by new standards. Thepermittee may apply for a variance under the conditions outlined in R317-6-6.4.D.2.If alternative compliance mechanisms are required.3.If subsequent ground
water monitoring data reveals the background water quality values in Part I Table 1 are not accurate.APPENDIX ACONSTRUCTION PERMIT, ENGINEERING PLANS AND SPECIFICATION