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1111111111111111111 <br />Binns,Janet <br />From: Binns, Janet <br />Sent: Wednesday, August 09, 2000 4:08 PM <br />To: Hernandez, Dan; Berry, David <br />Subject: TCC pH petition <br />Dan and Dave, <br />I spoke to Rick Mills @ Twentymile this afternoon, and told him my concern about complying with Rule 4.05.2(7) and had <br />TCC considered how they would meet the requirements of 40 CFR 434 with the raising the pH limit? He said, "no" they <br />had not considered that. Then he said that was not our jurisdiction, that it is Health Departments. I agreed that DMG does <br />not enforce on water quality, however Rule 4.05.2(7) requires us to make sure that discharges are in compliance with the <br />CWoCA 25-8-101-703 and 40 CFR 434. He said, "Hmmm" he'd have to look into that. He also said that Health <br />Department had approved variances for Empire: The wastewater treatment discharge and the No. 9 discharge. I can look <br />into that and see how that came about. I told him that 40 CFR may have provisions that allow for variances, but if he knew <br />which part of 40 CFR allows for variances to let me know. He said he'd look into it and call me back. <br />So, when I get a chance I'll see if Empire's records give us any insight, and we'll see if Rick gives us an idea of how that <br />permitting works. I'll keep you guys informed. <br />Thanks <br />