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Climax Mine <br /> November 4, 2016 <br /> Page 2 of 3 <br /> provisions of subsection (ii) below, groundwater quality shall be maintained for each <br /> parameter at whichever of the following is less restrictive: <br /> (A) existing ambient quality as of January 31, 1994, or <br /> (B) that quality which meets the most stringent criteria set forth in Tables I <br /> through 4 of"The Basic Standards for Ground Water." <br /> iii. In applying this narrative standard, the Commission intends that agencies with authority to <br /> implement this standard will exercise their best professional judgment as to what constitutes adequate <br /> information to determine or estimate existing ambient quality, taking into account the location, sampling <br /> date, and quality of all available data. Data generated subsequent to January 31, 1994, shall be <br /> presumed to be representative of existing quality as of January 31, 1994, if the available information <br /> indicates that there have been no new or increased sources of groundwater contamination initiated in the <br /> area in question subsequent to that date. If available information is not adequate to otherwise determine <br /> or estimate existing ambient quality as of January 31, 1994, such groundwater quality for each <br /> parameter shall be assumed to be no worse that the most stringent level provided for in Tables 1 through <br /> 4 of"The Basic Standards for Ground Water,"unless the Commission has adopted alternative numerical <br /> standards for a given specific area. <br /> Therefore, in almost all cases, the most stringent criteria for an analyte set forth in Tables 1 through 4 of <br /> "The Basic Standards for Ground Water"will be the applicable standard for that analyte. If an operator <br /> wishes to propose a groundwater standard less restrictive than those contained in "The Basic Standards <br /> for Ground Water"tables, it will be the operator's burden to sufficiently demonstrate to DRMS that their <br /> circumstances meet at least one of the two conditions outlined below, thereby allowing DRMS to apply <br /> a less restrictive standard, and still fully implement the requirements of Rule 41. <br /> The first narrow circumstance and authority for DRMS to apply a groundwater quality standard that is <br /> less restrictive than the Table Value Standard at a Point of Compliance exists when a mine operator <br /> provides DRMS with adequate documentation and data to determine, to the satisfaction of DRMS, that <br /> the existing ambient groundwater quality on January 31, 1994, was above the Table Value Standard. <br /> The second narrow circumstance and authority for DRMS to apply a groundwater quality standard less <br /> restrictive than the Table Value Standard is when an operator provides DRMS with data generated after <br /> January 31, 1994 which exceeds Table Value Standards and can also demonstrate that no new or <br /> increased sources of groundwater contamination in the area in question have been initiated since January <br /> 31 1994, and therefore ambient conditions exceeded Table Value Standards prior to January 31, 1994. <br /> The only other way a DRMS permitted site may allowably exceed the standards set by the Interim <br /> Narrative Standards would be for the permittee/applicant to obtain a site-specific exemption or variance <br /> from the WQCC through a rulemaking process. <br />