Laserfiche WebLink
JUN-18-1999 1203 ROTHGERBER JOHN; ON$L'rGNS 307 638 6262 P.09 <br />!. • • <br />Second, Rule 3.1.7(2)(6) requires points of wmpliance to be set pursuant to Rule <br />3.1.7(5). Rule 3. ] .7(5) allows the operator to submit a plan for monitoring at pointy of <br />compliance. However, Rule 3.1.70 requires that the points of compliance be established as part <br />of the permit application, rather than after the permit has been approved. Similarly, Rule <br />3.1.7(7)(b)(viii) states that if groundwater monitoring is required, the operator shall "include the <br />following information as part of a permit application...:.... ambient groundwater quality data <br />sufficient to characteri2e potentially impacted groundwater quality." Such information has not <br />been included in the application. <br />Third, Rule 3.1.7(2)(c) prescnbes how permt conditions, whether practice-based or <br />numeric protection levels, are to be established. There are two options. The first option is that <br />the conditions are to be "protective of the existing and reasonably potential future uses of the <br />groundwater that may be affected." WQCC Basic Standards for Groundwater must be used as a <br />guide. In the absence ofbaseline data, the application cannot have permit conditions which satisfy <br />this criteria, since enough must be lrnown about the groundwater "to evaluate reasonably potential <br />future uses," and that information is not presently available. The alternative, under cvcumstattces <br />where ambient groundwater quality exceeds WQCC values, is to protect against Curther lowering <br />of goundwater quality. Again, such values must be established as part of the application, which <br />cannot be done in the absence of information about existing ambient groundwater quality. <br />All three subparts of Rule 3.1.7(2) therefore either expressly or implicitly require the <br />establishment of permit conditions which assume and requ'u~e that baseline data concerning <br />groundwater quality be included in the application. It follows that the establishment of numeric <br />7 <br />