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• <br />i <br />However, General Chemical's objection to the DMG's current position does not rest on <br />speculation about the positions the DMG might take, The defect of the DMG Response can 6e <br />stated as two main points. <br />1. A Monitoring Program that only leads to the establishment of standards is not <br />the acme as the establishment of standards which is required by the Rula. <br />The establishment of numeric protection levels after the completion of the Monitoring <br />Program is inconsistent with the plain language of the Rules. The Rules require the establishment <br />of permit conditions as part of the permit application. Rule 3.1.7(3)(a) states that the application <br />"shall include permit conditions pursuant to paragraph 3.1.7(2)." If the application must include <br />conditions, then it is not enough for the application to include only a means to eventually include <br />conditions. Rule 3.1.7(2) has three subparts, each of which supports the conclusion that permit <br />conditions must be part of the permit application. <br />First, Rule 3.1.7(2)(a) states that "pemtit conditions shall be established for each <br />operation" like that of American Soda, and that such permit conditions "may be in the form of <br />turmeric protection levels..." [italics supplied] The pemtit conditions must be estab[ished as part of <br />the application, and must be in the form of standards such as the numeric protection standazd, <br />although the type of the condition may vary. There is nothing in the Rule which allows the <br />applicant to propose, or the DMG to accept, a plan for defemng the establishment of such <br />standards. Tn particular, a variation in the type of standard, i.e., practice-based or numeric, does <br />not allow an applicant to defer establishment of the standard. <br />