DAR File No. 37854
This rule was published in the August 1, 2013, issue (Vol. 2013, No. 15) of the Utah State Bulletin.
Environmental Quality, Water Quality
Ground Water Quality Protection
Notice of Proposed Rule
DAR File No.: 37854
Filed: 07/15/2013 04:51:55 PM
Purpose of the rule or reason for the change:
The proposed amendments update the rule to conform with changes to the Utah Water Quality Act initiated by S.B. 21 passed in the 2012 General Legislative Session.
Summary of the rule or change:
The proposed amendments update the rule to conform with changes to the Utah Water Quality Act initiated by S.B. 21 (2012). The majority of the proposed changes are editorial, largely consisting of replacing the term "Executive Secretary" with "Director". However, the amendments also make additional changes mandated by S.B. 21 (2012) which reflect the transfer of certain powers and duties from the Water Quality Board to the Director of the Division of Water Quality in the realm of permits, certifications, and other administrative authorizations.
State statutory or constitutional authorization for this rule:
- Section 19-5-104
Anticipated cost or savings to:
the state budget:
Enactment of these changes likely will not result in direct, measurable costs to the state budget as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
Enactment of these changes likely will not result in direct, measurable costs for local governments as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
Enactment of these changes likely will not result in direct, measurable costs to small businesses as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
persons other than small businesses, businesses, or local governmental entities:
Enactment of these changes likely will not result in direct, measurable costs to other persons as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
Compliance costs for affected persons:
Enactment of these changes likely will not result in direct, measurable compliance costs as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
Comments by the department head on the fiscal impact the rule may have on businesses:
Enactment of these changes likely will not result in direct, measurable costs to businesses as this amendment only changes who has authority to make regulatory decisions regarding permits, certifications, and other administrative authorizations.
Amanda Smith, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Environmental Quality
Water QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Dave Wham at the above address, by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Walter Baker, Director
R317. Environmental Quality, Water Quality.
R317-6. Ground Water Quality Protection.
1.1 ]"Aquifer" means a geologic
formation, group of geologic formations or part of a geologic
formation that contains sufficiently saturated permeable material
to yield usable quantities of water to wells and springs.
1.2 ]"Background Concentration" means
the concentration of a pollutant in ground water upgradient or
lateral hydraulically equivalent point from a facility, practice or
activity which has not been affected by that facility, practice or
1.3 ]"Best Available Technology" means
the application of design, equipment, work practice, operation
standard or combination thereof at a facility to effect the maximum
reduction of a pollutant achievable by available processes and
methods taking into account energy, public health, environmental
and economic impacts and other costs.
1.4 ]"Best Available Technology
Standard" means a performance standard or pollutant
concentration achievable through the application of best available
1.5 ]"Board" means the Utah Water
1.6 ]"Class TDS Limit" means the upper
boundary of the TDS range for an applicable class as specified in
1.7 ]"Community Drinking Water System"
means a public drinking water system which serves at least fifteen
service connections used by year-round residents or regularly
serves at least twenty-five year-round residents.
1.8 ]"Comparable Quality (Source)" means
a potential alternative source or sources of water supply which has
the same general quality as the ground water source.
1.9 ]"Comparable Quantity (Source)"
means a potential alternative source of water supply capable of
reliably supplying water in quantities sufficient to meet the
year-round needs of the users served by the ground water
1.10 ]"Compliance Monitoring Point"
means a well, seep, spring, or other sampling point used to
determine compliance with applicable permit limits.
1.11 ]"Contaminant" means any physical,
chemical, biological or radiological substance or matter in
1.12 ]"Conventional Treatment" means
normal and usual treatment of water for distribution in public
drinking water supply systems including flocculation,
sedimentation, filtration, disinfection and storage.
1.13 ]"Discharge" means the release of a
pollutant directly or indirectly into subsurface waters of the
1.14 ]"Existing Facility" means a
facility or activity that was in operation or under construction
after August 14, 1989 and before February 10, 1990.
1.15 ]"Economically Infeasible" means,
in the context of a public drinking water source, the cost to the
typical water user for replacement water would exceed the
community's ability to pay.
1.16 "Executive Secretary" means the Executive
Secretary of the Utah Water Quality Board.
1.17 ]"Facility" means any building,
structure, processing, handling, or storage facility, equipment or
activity; or contiguous group of buildings, structures, or
processing, handling or storage facilities, equipment, or
activities or combination thereof.
1.18 ]"Gradient" means the change in
total water pressure head per unit of distance.
1.19 ]"Ground Water" means subsurface
water in the zone of saturation including perched ground water.
1.20 ]"Ground Water Quality Standards"
means numerical contaminant concentration levels adopted by the
Board in or under R317-6-2 for the protection of the subsurface
waters of the State.
1.21 ]"Infiltration" means the movement
of water from the land surface into the pores of rock, soil or
1.22 ]"Institutional Constraints" means
legal or other restrictions that preclude replacement water
delivery and which cannot be alleviated through administrative
procedures or market transactions.
1.23 ]"Interim Action Reports For Petroleum
Releases" means plans prepared specifically to document
cleanup of petroleum releases resulting primarily from
transportation spills not regulated by the Division of Solid and
Hazardous Waste or Division of Environmental Response and
Remediation that are submitted to the local health department and
should include the following information: map of the location where
the spill occurred, sketch of where confirmation samples were
collected, quantity of fuel spilled, quantity of soil removed, soil
disposal location, certified laboratory analysis report including
total petroleum hydrocarbons (TPH) analyzed in the appropriate
molecular weight range, and actions taken to control the source and
protect public safety, public health, and water quality.
1.24 ]"Lateral Hydraulically Equivalent
Point" means a point located hydraulically equal to a facility
and in the same ground water with similar geochemistry such that
the ground water at that point has not been affected by the
1.25 ]"Limit of Detection" means the
concentration of a chemical below which it can not be detected
using currently accepted sampling and analytical techniques for
drinking water as determined by the U.S. Environmental Protection
1.26 ]"Local Health Department" means a
city-county or multi-county local health department established
under Title 26A.
1.27 ]"New Facility" means a facility
for which construction or modification is initiated after February
1.28 ]"Non Sensitive Area" means
industrial and manufacturing areas previously contaminated and
areas not likely to affect human health and exceed groundwater
standards or background concentrations.
1.29 ]"Permit Limit" means a ground
water pollutant concentration limitation specified in a Ground
Water Discharge Permit and may include protection levels, class TDS
limits, ground water quality standards, alternate concentration
limits, permit-specific ground water quality standards, or limits
stipulated in the application and use of best available technology.
For facilities permitted by rule under R317-6-6.2, a permit limit
is a ground water pollutant concentration limitation specified in
1.30 ]"Person" means any individual,
corporation, partnership, association, company or body politic,
including any agency or instrumentality of the federal, state, or
1.31 ]"Point of Discharge" means the
area within outermost location at which effluent or leachate has
been stored, applied, disposed of, or discharged; for a diked
facility, the outermost edge of the dikes.
1.32 ]"Pollutant" means dredged spoil,
solid waste, incinerator residue, sewage, sewage sludge, garbage,
munitions, trash, chemical wastes, petroleum hydrocarbons,
biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial,
municipal and agricultural waste discharged into waters of the
1.33 ]"Pollution" means such
contamination, or other alteration of the physical, chemical, or
biological properties of any waters of the State, or such discharge
of any liquid, gaseous, or solid substance into any waters of the
state as will create a nuisance or render such waters harmful or
detrimental or injurious to public health, safety, or welfare, or
to domestic, commercial, industrial, agricultural, recreational, or
other legitimate beneficial uses, or to livestock, wild animals,
birds, fish or other aquatic life.
1.34 ]"Professional Engineer" means any
person qualified to practice engineering before the public in the
state of Utah and professionally registered as required under the
Professional Engineers and Professional Land Surveyors Licensing
Act rules (UAC 156-22).
1.35 ]"Professional Geologist" means any
person qualified to practice geology before the public in the State
of Utah and professionally registered as required under the
Professional Geologist Licensing Act rules (UAC R156-76).
1.36 ]"Protection Level" means the
ground water pollutant concentration levels specified in
1.37 ]"Sensitive Area" means those areas
that are located near residences, waters of the state, wetlands, or
any area where exposure to humans or significant environmental
impact is likely to occur.
1.38 ]"Substantial Treatment" means
treatment of water utilizing specialized treatment methods
including ion exchange, reverse osmosis, electrodialysis and other
methods needed to upgrade water quality to meet standards for
public water systems.
1.39 ]"Technology Performance
Monitoring" means the evaluation of a permitted facility to
determine compliance with best available technology standards.
1.40 ]"Total Dissolved Solids (TDS)"
means the quantity of dissolved material in a sample of water which
is determined by weighing the solid residue obtained by evaporating
a measured volume of a filtered sample to dryness; or for many
waters that contain more than 1000 mg/l, the sum of the chemical
1.41 ]"Radius of Influence" means the
radial distance from the center of a well bore to the point where
there is no lowering of the water table or potentiometric surface
because of pumping of the well; the edge of the cone of
1.42 ]"Upgradient" means a point located
hydraulically above a facility such that the ground water at that
point has not been impacted by discharges from the facility.
1.43 ]"Vadose Zone" means the zone of
aeration including soil and capillary water. The zone is bound
above by the land surface and below by the water table.
1.44 ]"Waste" see
1.45 ]"Water Table" means the top of the
saturated zone of a body of unconfined ground water at which the
pressure is equal to that of the atmosphere.
1.46 ]"Water Table Aquifer" means an
aquifer extending downward from the water table to the first
1.47 ]"Waters of the State" means all
streams, lakes, ponds, marshes, water courses, waterways, wells,
springs, irrigation systems, drainage systems, and all other bodies
or accumulations of water, surface and underground, natural or
artificial, public or private, which are contained within, flow
through, or border upon this state or any portion thereof; except
bodies of water confined to and retained within the limits of
private property, and which do not develop into or constitute a
nuisance or a public health hazard, or a menace to fish and
wildlife, shall not be considered to be "waters of the
state" under this definition.
1.48 ]"Zone of Influence" means the area
contained by the outer edge of the drawdown cone of a water
R317-6-2. Ground Water Quality Standards.
2.1 The following Ground Water Quality Standards as listed in Table I are adopted for protection of ground water quality.
. . . . . . .
2.2 A permit specific ground water quality
standard for any pollutant not specified in Table 1 may be
established by the [
Executive Secretary] at a level that will protect public health and the
environment. This permit limit may be based on U.S. Environmental
Protection Agency maximum contaminant level goals, health
advisories, risk based contaminant levels, standards established by
other regulatory agencies and other relevant information.
R317-6-5. Ground Water Classification for Aquifers.
A. When sufficient information is available, entire aquifers or parts thereof may be classified by the Board according to the quality of ground water contained therein and commensurate protection levels will be applied.
B. Ground water sources furnishing water to community drinking water systems with ground water meeting Class IA criteria are classified as Class IA.
5.2 CLASSIFICATION AND RECLASSIFICATION PROCEDURE
A. The Board may initiate classification or reclassification.
B. A petition for classification or reclassification must be performed under the direction, and bear the seal, of a professional engineer or professional geologist.
C. Boundaries for class areas will be delineated so as to enclose distinct ground water classes as nearly as known facts permit. Boundaries will be based on hydrogeologic properties, existing ground water quality and for Class IB and IC, current use. Parts of an aquifer may be classified differently.
D. The petitioner requesting reclassification will provide sufficient information to determine if reclassification is in the best interest of the beneficial users.
E. A petition for classification or reclassification shall include:
1. factual data supporting the proposed classification;
2. a description of the proposed ground waters to be classified or reclassified;
3. potential contamination sources;
4. ground water flow direction;
5. current beneficial uses of the ground water; and
6. location of all water wells in the area to be classified or reclassified.
F. One or more public hearings will be held to receive comment on classification and reclassification proposals.
G. The Board will determine the disposition of all petitions for classification and reclassification, except as provided in R317-6-5.2.H.
H. Ground water proximate to a facility
for which an application for a ground water discharge permit has
been made may be classified by the [
Executive Secretary] for purposes of making permitting decisions.
6.1 DUTY TO APPLY FOR A GROUND WATER DISCHARGE PERMIT
A. No person may construct, install, or
operate any new facility or modify an existing or new facility, not
permitted by rule under R317-6-6.2, which discharges or would
probably result in a discharge of pollutants that may move directly
or indirectly into ground water, including, but not limited to land
application of wastes; waste storage pits; waste storage piles;
landfills and dumps; large feedlots; mining, milling and
metallurgical operations, including heap leach facilities; and
pits, ponds, and lagoons whether lined or not, without a ground
water discharge permit from the [
Executive Secretary]. A ground water discharge permit application should
be submitted at least 180 days before the permit is needed.
B. All persons who constructed, modified,
installed, or operated any existing facility, not permitted by rule
under R317-6-6.2, which discharges or would probably result in a
discharge of pollutants that may move directly or indirectly into
ground water, including, but not limited to: land application of
wastes; waste storage pits; waste storage piles; landfills and
dumps; large feedlots; mining, milling and metallurgical
operations, including heap leach facilities; and pits, ponds, and
lagoons whether lined or not, must have submitted a notification of
the nature and location of the discharge to the [
Executive Secretary] before February 10, 1990 and must submit an
application for a ground water discharge permit within one year
after receipt of written notice from the [ Executive Secretary] that a ground water discharge permit is
C. No person may construct, install, or
operate any new liquid waste storage facility or modify an existing
or new liquid waste storage facility for a large animal feeding
operation not permitted by rule under R317-6-6.2A.17, which
discharges or would probably result in a discharge of pollutants
that may move directly or indirectly into ground water, without a
ground water discharge permit from the [
Executive Secretary]. A ground water discharge permit application should
be submitted at least 180 days before the permit is needed and the
applicant must comply with the requirements of R317-1-2 for
submitting plans and specifications and obtaining a construction
6.2 GROUND WATER DISCHARGE PERMIT BY RULE
A. Except as provided in R317-6-6.2.C, the following facilities are considered to be permitted by rule and are not required to obtain a discharge permit under R317-6-6.1 or comply with R317-6-6.3 through R317-6-6.7, R317-6-6.9 through R317-6-6.11, R317-6-6.13, R317-6-6.16, R317-6-6.17 and R317-6-6.18:
1. facilities with effluent or leachate
which has been demonstrated to the satisfaction of the [
Executive Secretary] to conform and will not deviate from the applicable
class TDS limits, ground water quality standards, protection levels
or other permit limits and which does not contain any contaminant
that may present a threat to human health, the environment or its
potential beneficial uses of the ground water. The [ Executive Secretary] may require samples to be analyzed for the presence
of contaminants before the effluent or leachate discharges directly
or indirectly into ground water. If the discharge is by seepage
through natural or altered natural materials, the [ Executive Secretary] may require samples of the solution be analyzed for
the presence of pollutants before or after seepage;
2. water used for watering of lawns, gardens, or shrubs or for irrigation for the revegetation of a disturbed land area except for the direct land application of wastewater;
3. application of agricultural chemicals including fertilizers, herbicides and pesticides including but not limited to, insecticides fungicides, rodenticides and fumigants when used in accordance with current scientifically based manufacturer's recommendations for the crop, soil, and climate and in accordance with state and federal statutes, regulations, permits, and orders adopted to avoid ground water pollution;
4. water used for irrigated agriculture except for the direct land application of wastewater from municipal, industrial or mining facilities;
5. flood control systems including detention basins, catch basins and wetland treatment facilities used for collecting or conveying storm water runoff;
6. natural ground water seeping or flowing into conventional mine workings which re-enters the ground by natural gravity flow prior to pumping or transporting out of the mine and without being used in any mining or metallurgical process;
7. leachate which results entirely from the direct natural infiltration of precipitation through undisturbed materials;
8. wells and facilities regulated under the underground injection control (UIC) program;
9. land application of livestock wastes, within expected crop nitrogen uptake;
10. individual subsurface wastewater
disposal systems approved by local health departments or large
subsurface wastewater disposal systems approved by the [
11. produced water pits, and other oil field waste treatment, storage, and disposal facilities regulated by the Division of Oil, Gas, and Mining in accordance with Section 40-6-5(3)(d) and R649-9, Disposal of Produced Water;
12. reserve pits regulated by the Division of Oil, Gas and Mining in accordance with Section 40-6-5(3)(a) and R649-3-7, Drilling and Operating Practices;
13. storage tanks installed or operated
regulations] adopted by the Utah Solid and Hazardous Waste Control
14. coal mining operations or facilities
regulated under the Coal Mining and Reclamation Act by the Utah
Division of Oil, Gas, and Mining (DOGM). The submission of an
application for ground water discharge permit under R317-6-6.2.C
may be required only if the [
Executive Secretary], after consideration of recommendations, if any, by
DOGM, determines that the discharge violates applicable ground
water quality standards, applicable Class TDS limits, or is
interfering with a reasonable foreseeable beneficial use of the
ground water. DOGM is not required to establish any administrative
or regulatory requirements which are in addition to the rules of
DOGM for coal mining operations or facilities to implement these
ground water [ regulations];
15. hazardous waste or solid waste management units managed or undergoing corrective action under R315-1 through R315-14;
16. solid waste landfills permitted under the requirements of R315-303;
17. animal feeding operations, as defined in UAC R317-8-3.5(2) that use liquid waste handling systems, which are not located within Zone 1 (100 feet) for wells in a confined aquifer or Zone 2 (250 day time of travel) for wells and springs in unconfined aquifers, in accordance with the Public Drinking Water Regulations UAC R309-600, and which meet either of the following criteria:
a) operations constructed prior to the effective date of this rule which incorporated liquid waste handling systems and which are either less than 4 million gallons capacity or serve fewer than 1000 animal units, or
b. operations with fewer than the following numbers of confined animals:
i. 1,500 slaughter and feeder cattle,
ii. 1,050 mature dairy cattle, whether milked or dry cows,
iii. 3,750 swine each weighing over 25 kilograms (approximately 55 pounds),
iv. 18,750 swine each weighing 25 kilograms or less (approximately 55 pounds),
v. 750 horses,
vi. 15,000 sheep or lambs,
vii. 82,500 turkeys,
viii. 150,000 laying hens or broilers that use continuous overflow watering but dry handle wastes,
ix. 45,000 hens or broilers,
x. 7,500 ducks, or
xi. 1,500 animal units
18. animal feeding operations, as defined in UAC R317-8-3.5(2), which do not utilize liquid waste handling systems;
19. mining, processing or milling facilities handling less than 10 tons per day of metallic and/or nonmetallic ore and waste rock, not to exceed 2500 tons/year in aggregate unless the processing or milling uses chemical leaching;
20. pipelines and above-ground storage tanks;
21. drilling operations for metallic
minerals, nonmetallic minerals, water, hydrocarbons, or geothermal
energy sources when done in conformance with applicable [
regulations] of the Utah Division of Oil, Gas, and Mining or the
Utah Division of Water Rights;
22. land application of municipal sewage sludge for beneficial use, at or below the agronomic rate and in compliance with the requirements of 40 CFR 503, July 1, 2000 edition;
23. land application of municipal sewage sludge for mine-reclamation at a rate higher than the agronomic rate and in compliance with 40 CFR 503, July 1, 2000 edition;
24. municipal wastewater treatment lagoons receiving no wastewater from a significant industrial discharger as defined in R317-8-8.2(12); and
25. facilities and modifications thereto
which the [
Executive Secretary] determines after a review of the application will
have a de minimis actual or potential effect on ground water
B. No facility permitted by rule under R317-6-6.2.A may cause ground water to exceed ground water quality standards or the applicable class TDS limits in R317-6-3.1 to R317-6-3.7. If the background concentration for affected ground water exceeds the ground water quality standard, the facility may not cause an increase over background. This section, R317-6-6.2B. does not apply to facilities undergoing corrective action under R317-6-6.15A.3.
C. The submission of an application for a
ground water discharge permit may be required by the [
Executive Secretary] for any discharge permitted by rule under
R317-6-6.2 if it is determined that the discharge may be causing or
is likely to cause increases above the ground water quality
standards or applicable class TDS limits under R317-6-3 or
otherwise is interfering or may interfere with probable future
beneficial use of the ground water.
6.3 APPLICATION REQUIREMENTS FOR A GROUND WATER DISCHARGE PERMIT
Unless otherwise determined by the [
Executive Secretary], the application for a permit to discharge wastes
or pollutants to ground water shall include the following complete
A. The name and address of the applicant and the name and address of the owner of the facility if different than the applicant. A corporate application must be signed by an officer of the corporation. The name and address of the contact, if different than above, and telephone numbers for all listed names shall be included.
B. The legal location of the facility by county, quarter-quarter section, township, and range.
C. The name of the facility and the type of facility, including the expected facility life.
D. A plat map showing all water wells, including the status and use of each well, Drinking Water source protection zones, topography, springs, water bodies, drainages, and man-made structures within a one-mile radius of the discharge. The plat map must also show the location and depth of existing or proposed wells to be used for monitoring ground water quality. Identify any applicable Drinking Water source protection ordinances and their impacts on the proposed permit.
E. Geologic, hydrologic, and agricultural description of the geographic area within a one-mile radius of the point of discharge, including soil types, aquifers, ground water flow direction, ground water quality, aquifer material, and well logs.
F. The type, source, and chemical, physical, radiological, and toxic characteristics of the effluent or leachate to be discharged; the average and maximum daily amount of effluent or leachate discharged (gpd), the discharge rate (gpm), and the expected concentrations of any pollutant (mg/l) in each discharge or combination of discharges. If more than one discharge point is used, information for each point must be given separately.
G. Information which shows that the discharge can be controlled and will not migrate into or adversely affect the quality of any other waters of the state, including the applicable surface water quality standards, that the discharge is compatible with the receiving ground water, and that the discharge will comply with the applicable class TDS limits, ground water quality standards, class protection levels or an alternate concentration limit proposed by the facility.
H. For areas where the ground water has not been classified by the Board, information on the quality of the receiving ground water sufficient to determine the applicable protection levels.
I. A proposed sampling and analysis monitoring plan which conforms to EPA Guidance for Quality Assurance Project Plans, EPA QA/G-5 (EPA/600/R-98/018, February 1998) and includes a description, where appropriate, of the following:
1. ground water monitoring to determine ground water flow direction and gradient, background quality at the site, and the quality of ground water at the compliance monitoring point;
2. installation, use and maintenance of monitoring devices;
3. description of the compliance monitoring area defined by the compliance monitoring points including the dimensions and hydrologic and geologic data used to determine the dimensions;
4. monitoring of the vadose zone;
5. measures to prevent ground water contamination after the cessation of operation, including post-operational monitoring;
6. monitoring well construction and ground
water sampling which conform where applicable to the Handbook of
Suggested Practices for Design and Installation of Ground-Water
Monitoring Wells (EPA/600/4-89/034, March 1991), ASTM Standards on
Ground Water and Vadose Investigations (1996), Practical Guide for
Ground Water Sampling EPA/600/2-85/104, (November 1985) and RCRA
Ground Water Monitoring Technical Enforcement Guidance Document
(1986), unless otherwise specified by the [
7. description and justification of parameters to be monitored;
8. quality assurance and control provisions for monitoring data.
J. The plans and specifications relating to construction, modification, and operation of discharge systems.
K. The description of the ground water most likely to be affected by the discharge, including water quality information of the receiving ground water prior to discharge, a description of the aquifer in which the ground water occurs, the depth to the ground water, the saturated thickness, flow direction, porosity, hydraulic conductivity, and flow systems characteristics.
L. The compliance sampling plan which in
addition to the information specified in the above item I includes,
where appropriate, provisions for sampling of effluent and for flow
monitoring in order to determine the volume and chemistry of the
discharge onto or below the surface of the ground and a plan for
sampling compliance monitoring points and appropriate nearby water
wells. Sampling and analytical methods proposed in the application
must conform with the most appropriate methods specified in the
following references unless otherwise specified by the [
1. Standard Methods for the Examination of Water and Wastewater, twentieth edition, 1998; Library of Congress catalogue number: ISBN: 0-87553-235-7.
2. E.P.A. Methods, Methods for Chemical Analysis of Water and Wastes, 1983; Stock Number EPA-600/4-79-020.
3. Techniques of Water Resource Investigations of the U.S. Geological Survey, (1998); Book 9.
4. Monitoring requirements in 40 CFR parts 141 and 142, 2000 ed., Primary Drinking Water Regulations and 40 CFR parts 264 and 270, 2000 ed.
5. National Handbook of Recommended Methods for Water-Data Acquisition, GSA-GS edition; Book 85 AD-2777, U.S. Government Printing Office Stock Number 024-001-03489-1.
M. A description of the flooding potential of the discharge site, including the 100-year flood plain, and any applicable flood protection measures.
N. Contingency plan for regaining and maintaining compliance with the permit limits and for reestablishing best available technology as defined in the permit.
O. Methods and procedures for inspections of the facility operations and for detecting failure of the system.
P. For any existing facility, a corrective action plan or identification of other response measures to be taken to remedy any violation of applicable ground water quality standards, class TDS limits or permit limit established under R317-6-6.4E. which has resulted from discharges occurring prior to issuance of a ground water discharge permit.
Q. Other information required by the [
R. All applications for a groundwater discharge permit must be performed under the direction, and bear the seal, of a professional engineer or professional geologist.
S. A closure and post closure management plan demonstrating measures to prevent ground water contamination during the closure and post closure phases of an operation.
6.4 ISSUANCE OF DISCHARGE PERMIT
A. The [
Executive Secretary] may issue a ground water discharge permit for a new
facility if the [ Executive Secretary] determines, after reviewing the information
provided under R317-6-6.3, that:
1. the applicant demonstrates that the applicable class TDS limits, ground water quality standards protection levels, and permit limits established under R317-6-6.4E will be met;
2. the monitoring plan, sampling and reporting requirements are adequate to determine compliance with applicable requirements;
3. the applicant is using best available technology to minimize the discharge of any pollutant; and
4. there is no impairment of present and future beneficial uses of the ground water.
B. The [
Board] may approve an alternate concentration limit for a
new facility if:
1. The applicant submits a petition for an alternate concentration limit showing the extent to which the discharge will exceed the applicable class TDS limits, ground water standards or applicable protection levels and demonstrates that:
a. the facility is to be located in an area of Class III ground water;
b. the discharge plan incorporates the use of best available technology;
c. the alternate concentration limit is justified based on substantial overriding social and economic benefits; and,
d. the discharge would pose no threat to human health and the environment.
2. One or more public hearings have been
held by the [
Board] in nearby communities to solicit comment.
C. The [
Executive Secretary] may issue a ground water discharge permit for an
existing facility provided:
1. the applicant demonstrates that the applicable class TDS limits, ground water quality standards and protection levels will be met;
2. the monitoring plan, sampling and reporting requirements are adequate to determine compliance with applicable requirements;
3. the applicant utilizes treatment and discharge minimization technology commensurate with plant process design capability and similar or equivalent to that utilized by facilities that produce similar products or services with similar production process technology; and,
4. there is no current or anticipated impairment of present and future beneficial uses of the ground water.
D. The [
Board] may approve an alternate concentration limit for a
pollutant in ground water at an existing facility or facility
permitted by rule under R317-6-6.2 if the applicant for a ground
water discharge permit shows the extent the discharge exceeds the
applicable class TDS limits, ground water quality standards and
applicable protection levels that correspond to the otherwise
applicable ground water quality standards and demonstrates
1. steps are being taken to correct the source of contamination, including a program and timetable for completion;
2. the pollution poses no threat to human health and the environment; and
3. the alternate concentration limit is justified based on overriding social and economic benefits.
E. An alternate concentration limit, once
adopted by the [
Board] under R317-6-6.4B or R317-6-6.4D, shall be the
pertinent permit limit.
F. A facility permitted under this provision shall meet applicable class TDS limits, ground water quality standards, protection levels and permit limits.
G. The [
Board] may modify a permit for a new facility to reflect
standards adopted as part of corrective action.
6.5 NOTICE OF INTENT TO ISSUE A GROUND WATER DISCHARGE PERMIT
Executive Secretary] shall publish a notice of intent to approve in a
newspaper in the affected area and shall allow 30 days in which
interested persons may comment to the [ Board]. Final action will be taken by the [ Executive Secretary] following the 30-day comment period.
6.6 PERMIT TERM
A. The ground water discharge permit term
will run for 5 years from the date of issuance. Permits may be
renewed for 5-year periods or extended for a period to be
determined by the [
Executive Secretary] but not to exceed 5 years.
B. In the event that new ground water quality standards are adopted by the Board, permits may be reopened to extend the terms of the permit or to include pollutants covered by new standards. The holder of a permit may apply for a variance under the conditions outlined in R317-6-6.4.D.
6.7 GROUND WATER DISCHARGE PERMIT RENEWAL
The permittee for a facility with a ground
water discharge permit must apply for a renewal or extension for a
ground water discharge permit at least 180 days prior to the
expiration of the existing permit. If a permit expires before an
application for renewal or extension is acted upon by the [
Executive Secretary], the permit will continue in effect until it is
renewed, extended or denied. Permit renewals with significant
changes to the original permit must be performed under the
direction, and bear the seal, of a professional engineer or
6.8 TERMINATION OF A GROUND WATER
DISCHARGE PERMIT BY THE [
A ground water discharge permit may be
terminated or a renewal denied by the [
Executive Secretary] if one of the following applies:
A. noncompliance by the permittee with any condition of the permit where the permittee has failed to take appropriate action in a timely manner to remedy the permit violation;
B. the permittee's failure in the application or during the permit approval process to disclose fully all significant relevant facts at any time;
C. a determination that the permitted facility endangers human health or the environment and can only be regulated to acceptable levels by plan modification or termination; or
D. the permittee requests termination of the permit.
6.9 PERMIT COMPLIANCE MONITORING
A. Ground Water Monitoring
Executive Secretary] may include in a ground water discharge permit
requirements for ground water monitoring, and may specify
compliance monitoring points where the applicable class TDS limits,
ground water quality standards, protection levels or other permit
limits are to be met.
Executive Secretary] will determine the location of the compliance
monitoring point based upon the hydrology, type of pollutants, and
other factors that may affect the ground water quality. The
distance to the compliance monitoring points must be as close as
practicable to the point of discharge. The compliance monitoring
point shall not be beyond the property boundaries of the permitted
facility without written agreement of the affected property owners
and approval by the [ Executive Secretary].
B. Performance Monitoring
Executive Secretary] may include in a ground water discharge permit
requirements for monitoring performance of best available
6.10 BACKGROUND WATER QUALITY DETERMINATION
A. Background water quality contaminant concentrations shall be determined and specified in the ground water discharge permit. The determination of background concentration shall take into account any degradation.
B. Background water quality contaminant
concentrations may be determined from existing information or from
data collected by the permit applicant. Existing information shall
be used, if the permit applicant demonstrates that the quality of
the information and its means of collection are adequate to
determine background water quality. If existing information is not
adequate to determine background water quality, the permit
applicant shall submit a plan to determine background water quality
to the [
Executive Secretary] for approval prior to data collection. One or more
up-gradient, lateral hydraulically equivalent point, or other
monitoring wells as approved by the [ Executive Secretary] may be required for each potential discharge
C. After a permit has been issued, permittee shall continue to monitor background water quality contaminant concentrations in order to determine natural fluctuations in concentrations. Applicable up-gradient, and on-site ground water monitoring data shall be included in the ground water quality permit monitoring report.
6.11 NOTICE OF COMMENCEMENT AND DISCONTINUANCE OF GROUND WATER DISCHARGE OPERATIONS
A. The permittee shall notify the Division of Water Quality immediately upon commencement of the ground water discharge and submit a written notice within 30 days of the commencement of the discharge.
B. The permittee shall notify the Division of Water Quality of the date and reason for discontinuance of ground water discharge within 30 days.
6.12 SUBMISSION OF DATA
A. Laboratory Analyses
All laboratory analysis of samples
collected to determine compliance with these [
regulations] shall be performed in accordance with standard
procedures by the Utah Division of Laboratory Services or by a
laboratory certified by the Utah Department of Health.
B. Field Analyses
All field analyses to determine compliance
with these [
regulations] shall be conducted in accordance with standard
procedures specified in R317-6-6.3.L.
C. Periodic Submission of Monitoring Reports
Results obtained pursuant to any
monitoring requirements in the discharge permit and the methods
used to obtain these results shall be periodically reported to the
Executive Secretary] according to the schedule specified in the ground
water discharge permit.
6.13 REPORTING OF MECHANICAL PROBLEMS OR DISCHARGE SYSTEM FAILURES
The permittee shall notify the [
Executive Secretary] within 24 hours of the discovery of any mechanical
or discharge system failures that could affect the chemical
characteristics or volume of the discharge. A written statement
confirming the oral report shall be submitted to the [ Executive Secretary] within five days of the failure.
6.14 CORRECTION OF ADVERSE EFFECTS REQUIRED
A. If monitoring or testing indicates that the permit conditions may be or are being violated by ground water discharge operations or the facility is otherwise in an out-of-compliance status, the permittee shall promptly make corrections to the system to correct all violations of the discharge permit.
B. The permittee, operator, or owner may be required to take corrective action as described in R317-6-6.15 if a pollutant concentration has exceeded a permit limit.
6.15 CORRECTIVE ACTION
It is the intent of the Board that the
provisions of these [
regulations] should be considered when making decisions under any
state or federal superfund action; however, the protection levels
are not intended to be considered as applicable, relevant or
appropriate clean-up standards under such other regulatory
A. Application of R317-6-6.15
1. Generally - R317-6-6.15 shall apply to any person who discharges pollutants into ground water in violation of Section 19-5-107, or who places or causes to be placed any wastes in a location where there is probable cause to believe they will cause pollution of ground water in violation of Section 19-5-107.
2. Corrective Action shall include, except as otherwise provided in R317-6-6.15, preparation of a Contamination Investigation and preparation and implementation of a Corrective Action Plan.
3. The procedural provisions of
R-317-6-6.15 shall not apply to any facility where a corrective or
remedial action for ground water contamination, that the [
Executive Secretary] determines meets the substantive standards of this
rule, has been initiated under any other state or federal program.
Corrective or remedial action undertaken under the programs
specified in Table 2 are considered to meet the substantive
standards of this rule unless otherwise determined by the [ Executive Secretary].
. . . . . . .
B. Notification and Interim Action
1. Notification - A person who spills or
discharges any petroleum hydrocarbon or other substance which may
cause pollution of ground waters in violation of Section 19-5-107
shall notify the [
Executive Secretary] within 24 hours of the spill or discharge. A
written notification shall be submitted to the [ Executive Secretary] within five days after the spill or discharge.
2. Interim Actions - A person is encouraged to take immediate, interim action without following the steps outlined in R317-6-6.15 if such action is required to control a source of pollutants. Interim action is also encouraged if required to protect public safety, public health and welfare and the environment, or to prevent further contamination that would result in costlier clean-up. Such interim actions should include source abatement and control, neutralization, or other actions as appropriate. A person that has taken these actions shall remain subject to R317-6-6.15 after the interim actions are completed unless he demonstrates that:
a. no pollutants have been discharged into ground water in violation of 19-5-107; and
b. no wastes remain in a location where there is probable cause to believe they will cause pollution of ground water in violation of 19-5-107, unless, in the case of diesel fuel and oil releases over 25 gallons, the responsible person demonstrates that the pollutant will not affect ground water quality by complying with the following:
(1) remove contaminated soil to the extent possible, or to established background levels, or 500 mg/kg total petroleum hydrocarbons for sensitive areas, or 5000 mg/kg total petroleum hydrocarbons for non sensitive areas as defined by R317-6-1;
(2) collect soil samples at locations and depths sufficient to document that cleanup has been achieved or as directed by the local health department;
(3) treat or dispose contaminated soil at a location approved by the local health department;
(4) submit an interim action report as defined by R317-6-1.23 or as directed by the local health department.
C. Contamination Investigation and Corrective Action Plan - General
1. The [
Executive Secretary] may require a person that is subject to R317-6-6.15
to submit for the [ Executive Secretary's] approval a Contamination Investigation and
Corrective Action Plan, and may require implementation of an
approved Corrective Action Plan. A person subject to this rule who
has been notified that the [ Executive Secretary] is exercising his or her authority under
R317-6-6.15 to require submission of a Contamination Investigation
and Corrective Action Plan, shall, within 30 days of that
notification, submit to the [ Executive Secretary] a proposed schedule for those submissions, which
may include different deadlines for different elements of the
Investigation and Plan. The [ Executive Secretary] may accept, reject, or modify the proposed
2. The Contamination Investigation or the
Corrective Action Plan may, in order to meet the requirements of
this Part, incorporate by reference information already provided to
Executive Secretary] in the Contingency Plan or other document.
3. The requirements for a Contamination
Investigation and a Corrective Action Plan specified in
R317-6-6.15.D are comprehensive. The requirements are intended to
be applied with flexibility, and persons subject to this rule are
encouraged to contact the [
Executive Secretary's] staff to assure its efficient application on
a site-specific basis.
4. The [
Executive Secretary] may waive any or all Contamination Investigation
and Corrective Action Plan requirements where the person subject to
this rule demonstrates that the information that would otherwise be
required is not necessary to the [ Executive Secretary's] evaluation of the Contamination Investigation
or Corrective Action Plan. Requests for waiver shall be submitted
to the [ Executive Secretary] as part of the Contamination Investigation or
Corrective Action Plan, or may be submitted in advance of those
D. Contamination Investigation and Corrective Action Plan - Requirements
1. Contamination Investigation - The contamination investigation shall include a characterization of pollution, a characterization of the facility, a data report, and, if the Corrective Action Plan proposes standards under R317-6-6.15.F.2. or Alternate Corrective Action Concentration Limits higher than the ground water quality standards, an endangerment assessment.
a. The characterization of pollution shall include a description of:
(1) The amount, form, concentration, toxicity, environmental fate and transport, and other significant characteristics of substances present, for both ground water contaminants and any contributing surficial contaminants;
(2) The areal and vertical extent of the contaminant concentration, distribution and chemical make-up; and
(3) The extent to which contaminant substances have migrated and are expected to migrate.
b. The characterization of the facility shall include descriptions of:
(1) Contaminant substance mixtures present and media of occurrence;
(2) Hydrogeologic conditions underlying and, upgradient and downgradient of the facility;
(3) Surface waters in the area;
(4) Climatologic and meteorologic conditions in the area of the facility; and
(5) Type, location and description of possible sources of the pollution at the facility;
(6) Groundwater withdrawals, pumpage rates, and usage within a 2-mile radius.
c. The report of data used and data gaps shall include:
(1) Data packages including quality assurance and quality control reports;
(2) A description of the data used in the report; and
(3) A description of any data gaps encountered, how those gaps affect the analysis and any plans to fill those gaps.
d. The endangerment assessment shall include descriptions of any risk evaluation necessary to support a proposal for a standard under R317-6-6.15.F.2 or for an Alternate Corrective Action Concentration Limit.
e. The Contamination Investigation shall
include such other information as the [
Executive Secretary] requires.
2. Proposed Corrective Action Plan
The proposed Corrective Action Plan shall
include an explanation of the construction and operation of the
proposed Corrective Action, addressing the factors to be considered
by the [
Executive Secretary] as specified in R317-6-6.15.E. and shall include
such other information as the [ Executive Secretary] requires. It shall also include a proposed schedule
3. The Contaminant Investigation and Corrective Action Plan must be performed under the direction, and bear the seal, of a professional engineer or professional geologist.
E. Approval of the Corrective Action Plan
After public notice in a newspaper in the
affected area and a 30-day period for opportunity for public review
and comment, the [
Executive Secretary] shall issue an order approving, disapproving, or
modifying the proposed Corrective Action Plan. The [ Executive Secretary] shall consider the following factors and criteria
in making that decision:
1. Completeness and Accuracy of Corrective Action Plan.
Executive Secretary] shall consider the completeness and accuracy of the
Corrective Action Plan and of the information upon which it
2. Action Protective of Public Health and the Environment
a. The Corrective Action shall be protective of the public health and the environment.
b. Impacts as a result of any off-site activities shall be considered under this criterion (e.g., the transport and disposition of contaminated materials at an off-site facility).
3. Action Meets Concentration Limits
The Corrective Action shall meet Corrective Action Concentration Limits specified in R317-6-6.15.F, except as provided in R317-6-6.15.G.
4. Action Produces a Permanent Effect
a. The Corrective Action shall produce a permanent effect.
b. If the Corrective Action Plan provides
that any potential sources of pollutants are to be controlled in
place, any cap or other method of source control shall be designed
so that the discharge from the source following corrective action
achieves ground water quality standards or, if approved by the [
Board], alternate corrective action concentration limits
(ACACLs). For purposes of this paragraph, sources of pollutants are
controlled "in place" even though they are moved within
the facility boundaries provided that they are not moved to areas
with unaffected ground water.
5. Action May Use Other Additional Measures
Executive Secretary] may consider whether additional measures should be
included in the Plan to better assure that the criteria and factors
specified in R317-6-6.15.E are met. Such measures may include:
a. Requiring long-term ground water or other monitoring;
b. Providing environmental hazard notices or other security measures;
c. Capping of sources of ground water contamination to avoid infiltration of precipitation;
d. Requiring long-term operation and maintenance of all portions of the Corrective Action; and
e. Periodic review to determine whether the Corrective Action is protective of public health and the environment.
F. Corrective Action Concentration Limits
1. Contaminants with specified levels
Corrective Actions shall achieve ground water quality standards or, where applicable, alternate corrective action concentration limits (ACACLs).
2. Contaminants without specified levels
For contaminants for which no ground water
quality standard has been established, the proposed Corrective
Action Plan shall include proposed Corrective Action Concentration
Limits. These levels shall be approved, disapproved or modified by
Executive Secretary] after considering U.S. Environmental Protection
Agency maximum contaminant level goals, health advisories,
risk-based contaminant levels or standards established by other
regulatory agencies and other relevant information.
G. Alternate Corrective Action Concentration Limits
An Alternate Corrective Action Concentration Limit that is higher or lower than the Corrective Action Concentration Limits specified in R317-6-6.15.F may be required as provided in the following:
1. Higher Alternate Corrective Action Concentration Limits
A person submitting a proposed Corrective
Action Plan may request approval by the [
Board] of an Alternate Corrective Action Concentration
Limit higher than the Corrective Action Concentration Limit
specified in R317-6-6.15.F. The proposed limit shall be protective
of human health, and the environment, and shall utilize best
available technology. The Corrective Action Plan shall include the
following information in support of this request:
a. The potential for release and migration of any contaminant substances or treatment residuals that might remain after Corrective Action in concentrations higher than Corrective Action Concentration Limits;
b. An evaluation of residual risks, in terms of amounts and concentrations of contaminant substances remaining following implementation of the Corrective Action options evaluated, including consideration of the persistence, toxicity, mobility, and propensity to bioaccumulate such contaminants substances and their constituents; and
c. Any other information necessary to determine whether the conditions of R317-6-6.15.G have been met.
2. Lower Alternate Corrective Action Concentration Limits
Board] may require use of an Alternate Corrective Action
Concentration Limit that is lower than the Corrective Action
Concentration Limit specified in R317-6-6.15.F if necessary to
protect human health or the environment. Any person requesting that
the [ Board] consider requiring a lower Alternate Corrective
Action Concentration Limit shall provide supporting information as
described in R317-6-6.15.G.3.
3. Protective of human health and the environment
The Alternate Corrective Action
Concentration Limit must be protective of human health and the
environment. In making this determination, the [
Board] may consider:
a. Information presented in the Contamination Investigation;
b. Other relevant cleanup or health standards, criteria, or guidance;
c. Relevant and reasonably available scientific information;
d. Any additional information relevant to the protectiveness of a Corrective Action; and
e. The impact of additional proposed measures, such as those described in R317-6-6.15.E.5.
4. Good cause
An Alternate Corrective Action Concentration Limit shall not be granted without good cause.
a. The [
Board] may consider the factors specified in R317-6-6.15.E
in determining whether there is good cause.
b. The [
Board] may also consider whether the proposed remedy is
cost-effective in determining whether there is good cause. Costs
that may be considered include but are not limited to:
(1) Capital costs;
(2) Operation and maintenance costs;
(3) Costs of periodic reviews, where required;
(4) Net present value of capital and operation and maintenance costs;
(5) Potential future remedial action costs; and
(6) Loss of resource value.
An Alternate Corrective Action
Concentration Limit that is higher than the Corrective Action
Concentration Limits specified in R317-6-6.15.F must be
conservative. The [
Board] may consider the concentration level that can be
achieved using best available technology if attainment of the
Corrective Action Concentration Limit is not technologically
6. Relation to background and existing conditions
a. The [
Board] may consider the relationship between the
Corrective Action Concentration Limits and background concentration
limits in considering whether an Alternate Corrective Action
Concentration Limit is appropriate.
b. No Alternate Corrective Action Concentration Limit higher than existing ground water contamination levels or ground water contamination levels projected to result from existing conditions will be granted.
6.16 OUT-OF-COMPLIANCE STATUS
A. Accelerated Monitoring for Probable Out-of-Compliance Status
If the value of a single analysis of any compliance parameter in any compliance monitoring sample exceeds an applicable permit limit, the facility shall:
1. Notify the [
Executive Secretary] in writing within 30 days of receipt of data;
2. Immediately initiate monthly sampling
if the value exceeds both the background concentration of the
pollutant by two standard deviations and an applicable permit
limit, unless the [
Executive Secretary] determines that other periodic sampling is
appropriate, for a period of two months or until the compliance
status of the facility can be determined.
B. Violation of Permit Limits
Out-of-compliance status exists when:
1. The value for two consecutive samples from a compliance monitoring point exceeds:
a. one or more permit limits; and
b. the background concentration for that pollutant by two standard deviations (the standard deviation and background (mean) being calculated using values for the ground water pollutant at that compliance monitoring point) unless the existing permit limit was derived from the background pollutant concentration plus two standard deviations; or
2. the concentration value of any pollutant in two or more consecutive samples is statistically significantly higher than the applicable permit limit. The statistical significance shall be determined using the statistical methods described in Statistical Methods for Evaluating Ground Water Monitoring Data from Hazardous Waste Facilities, Vol. 53, No. 196 of the Federal Register, Oct. 11, 1988 and supplemental guidance in Guidance For Data Quality Assessment (EPA/600/R-96/084 January 1998).
C. Failure to Maintain Best Available Technology Required by Permit
1. Permittee to Provide Information
In the event that the permittee fails to
maintain best available technology or otherwise fails to meet best
available technology standards as required by the permit, the
permittee shall submit to the [
Executive Secretary] a notification and description of the failure
according to R317-6-6.13. Notification shall be given orally within
24 hours of the permittee's discovery of the failure of best
available technology, and shall be followed up by written
notification, including the information necessary to make a
determination under R317-6-6.16.C.2, within five days of the
permittee's discovery of the failure of best available
Executive Secretary] shall use the information provided under
R317-6-6.16.C.1 and any additional information provided by the
permittee to determine whether to initiate a compliance action
against the permittee for violation of permit conditions. The [ Executive Secretary] shall not initiate a compliance action if the [ Executive Secretary] determines that the permittee has met the standards
for an affirmative defense, as specified in R317-6-6.16.C.3.
3. Affirmative Defense
In the event a compliance action is initiated against the permittee for violation of permit conditions relating to best available technology, the permittee may affirmatively defend against that action by demonstrating the following:
a. The permittee submitted notification according to R317-6-6.13;
b. The failure was not intentional or caused by the permittee's negligence, either in action or in failure to act;
c. The permittee has taken adequate
measures to meet permit conditions in a timely manner or has
submitted to the [
Executive Secretary], for the [ Executive Secretary's] approval, an adequate plan and schedule for
meeting permit conditions; and
d. The provisions of 19-5-107 have not been violated.
6.17 PROCEDURE WHEN A FACILITY IS OUT-OF-COMPLIANCE
A. If a facility is out of compliance the following is required:
1. The permittee shall notify the [
Executive Secretary] of the out of compliance status within 24 hours
after detection of that status, followed by a written notice within
5 days of the detection.
2. The permittee shall initiate monthly
sampling, unless the [
Executive Secretary] determines that other periodic sampling is
appropriate, until the facility is brought into compliance.
3. The permittee shall prepare and submit
within 30 days to the [
Executive Secretary] a plan and time schedule for assessment of the
source, extent and potential dispersion of the contamination, and
an evaluation of potential remedial action to restore and maintain
ground water quality and insure that permit limits will not be
exceeded at the compliance monitoring point and best available
technology will be reestablished.
4. The [
Executive Secretary] may require immediate implementation of the
contingency plan submitted with the original ground water discharge
permit in order to regain and maintain compliance with the permit
limit standards at the compliance monitoring point or to
reestablish best available technology as defined in the permit.
5. Where it is infeasible to re-establish
BAT as defined in the permit, the permittee may propose an
alternative BAT for approval by the [
6.18 GROUND WATER DISCHARGE PERMIT TRANSFER
A. The permittee shall give written notice
to the [
Executive Secretary] of any transfer of the ground water discharge
permit, within 30 days of the transfer.
B. The notice shall include a written agreement between the existing and new permittee establishing a specific date for transfer of permit responsibility, coverage and liability.
These rules are subject to enforcement under Section 19-5-115 of the Utah Water Quality Act.
KEY: water quality, ground water, cleanup standards, petroleum hydrocarbons
Date of Enactment or Last Substantive Amendment: [
January 23, 2007]
Notice of Continuation: July 26, 2012
Authorizing, and Implemented or Interpreted Law: 19-5
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130801.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Dave Wham at the above address, by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at email@example.com.