Current through Bulletin 2024-06, March 15, 2024
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 Director. 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 division 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 division that a ground water discharge
permit is required.
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 R317-6-6.2 A.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
Director. 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
permit.
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 Director 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 Director 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 Director 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, rules, 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 Director;
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 under rules adopted by the Utah Solid and
Hazardous Waste Control Board;
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 Director, 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 rules;
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 rules 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 Director determines after a review of the application will have a de
minimis actual or potential effect on ground water quality.
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, R317-6-6.2 B. does not apply to facilities undergoing corrective
action under R317-6-6.15 A.3.
C.
The submission of an application for a ground water discharge permit may be
required by the Director 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 Director, the application
for a permit to discharge wastes or pollutants to ground water shall include
the following complete information:
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 Director;
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 Director:
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 R317-6-6.4 E.
which has resulted from discharges occurring prior to issuance of a ground
water discharge permit.
Q. Other
information required by the Director.
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 Director may issue a ground water
discharge permit for a new facility if the Director 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 R317-6-6.4 E 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 Director 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 Director in nearby communities to solicit comment.
C. The Director 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
Director 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 that:
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 Director under R317-6-6.4 B or R317-6-6.4 D, 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 Director 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
The Director shall publish a notice of intent to approve in a
newspaper in the affected area and shall allow at least 30 days, and no longer
than 60 days, in which interested persons may comment to the Director. Final
action will be taken by the Director following the 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 Director 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 Director, 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 professional geologist.
6.8 TERMINATION OF A GROUND WATER DISCHARGE
PERMIT BY THE DIRECTOR
A ground water discharge permit may be terminated or a
renewal denied by the Director 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
The Director 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.
The Director 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 Director.
B. Performance Monitoring
The Director may include in a ground water discharge permit
requirements for monitoring performance of best available technology
standards.
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
Director for approval prior to data collection. One or more up-gradient,
lateral hydraulically equivalent point, or other monitoring wells as approved
by the Director may be required for each potential discharge site.
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 rules 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 rules
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 Director 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 Director 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 Director 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
rules 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 programs.
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 Director
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 Director.
TABLE 2
PROGRAM |
Leaking Underground Storage Tank, Sections
19-6-401, et seq. |
Federal Comprehensive Environmental Response,
Compensation andLiability Act, 42 U.S.C. Sections 9601, et seq. |
Hazardous Waste Mitigation Act, Sections 19-6-301
et seq. |
Utah Solid and Hazardous Waste Act, Sections
19-6-101 et seq. |
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 Director within 24 hours of the spill or discharge. A written
notification shall be submitted to the Director 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 Director may
require a person that is subject to R317-6-6.15 to submit for the Director'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 Director 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 Director a proposed schedule for those submissions,
which may include different deadlines for different elements of the
Investigation and Plan. The Director may accept, reject, or modify the proposed
schedule.
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 the Director 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 Director's staff
to assure its efficient application on a site-specific basis.
4. The Director 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 Director's evaluation of the
Contamination Investigation or Corrective Action Plan. Requests for waiver
shall be submitted to the Director as part of the Contamination Investigation
or Corrective Action Plan, or may be submitted in advance of those
reports.
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 Director 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 Director as specified in
R317-6-6.15.E. and shall include such other information as the Director
requires. It shall also include a proposed schedule for
completion.
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 Director shall
issue an order approving, disapproving, or modifying the proposed Corrective
Action Plan. The Director shall consider the following factors and criteria in
making that decision:
1. Completeness
and Accuracy of Corrective Action Plan.
The Director shall consider the completeness and accuracy of
the Corrective Action Plan and of the information upon which it
relies.
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 Director, 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
The Director 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 the Director 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 Director 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
The Director 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 Director 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 Director 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
Director may consider the factors specified in R317-6-6.15.E in determining
whether there is good cause.
b. The
Director 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.
5.
Conservative
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 Director may consider the concentration
level that can be achieved using best available technology if attainment of the
Corrective Action Concentration Limit is not technologically
achievable.
6. Relation to
background and existing conditions
a. The
Director 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 Director
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 Director
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 Director
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 technology.
2. Director
The Director 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 Director shall not initiate a compliance
action if the Director 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 Director,
for the Director'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 Director 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 Director 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 Director 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 Director 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 Director.
6.18 GROUND WATER DISCHARGE PERMIT TRANSFER
A. The permittee shall give written notice to
the Director 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.
6.19
ENFORCEMENT
These rules are subject to enforcement under Section
19-5-115
of the Utah Water Quality Act.