Current through Register No. 13, March 27, 2025
(a) The permittee shall immediately implement
an impact mitigation program for withdrawals when:
(1) A withdrawal permit requires mitigation
from the start of operation to prevent adverse impacts anticipated during the
permit application process;
(2) An
impact monitoring and reporting program conducted in accordance with Env-Wq
403.26 reveals the potential occurrence of an adverse impact; or
(3) The department determines that a report
of unanticipated or adverse impact is valid as defined by Env-Wq 403.24 and
reported in accordance with Env-Wq 403.25.
(b) Once an adverse impact is verified in
accordance with Env-Wq 403.25, the permittee shall:
(1) Submit a description of the impact based
on observations to the department within 14 calendar days of adverse impact
notification under Env-Wq 403.25;
(2) Submit an impact mitigation program
description in accordance with (c), below, for department approval within 60
calendar days of adverse impact notification under Env-Wq 403.25; and
(3) Where the impact mitigation program is a
condition of the permit and meets adverse impact thresholds identified in the
permit, immediately begin the impact mitigation program designed for permit
approval pursuant to Env-Wq 403.26.
(c) A mitigation program shall include one or
more of the following measures, as necessary to mitigate adverse impacts:
(1) Implementation of additional water
conservation measures;
(2)
Reduction in withdrawal volumes, including cessation of the withdrawal except
where necessary for fire protection or residential drinking water;
(3) Replacement of sources for adversely
impacted users in accordance with Env-Wq 403.32; and
(4) Other action(s) necessary to address the
specific adverse impacts.
(d) The mitigation program also shall
include:
(1) Periodic monitoring and
reporting at a frequency necessary to substantiate the effectiveness of the
mitigation activities; and
(2) A
schedule for the implementation of the activities listed in (c),
above.
(e) Adherence to a
mitigation program, where required, shall be a condition of the permit or
become a condition of the withdrawal permit in accordance with permit
modification procedures under Env-Wq 403.33.
(See Revision Note at part heading for Env-Wq 403) #9569,
eff 10-17-09
