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<br /> <br />Sccond, Rule 3.1.7(2)(6) requires points of compliance to be set pursuant to Rule <br />3.1.7(5). Rule 3.1.7(5) allows the operator to submit a plan for monitoring at points of <br />compliance. However, Rule 3.1.7{~ requires that the points of compliance be established as part <br />of the permit application, rather than aRer the pettnit has been approved. Similarly, Rule <br />3.1.7(7)(b)(viii) states that if groundwater monitoring is required, the operator shell "include the <br />following information as part of a permit application...:.... ambient goundwater quality data <br />sufficient to characterize potentially impacted groundwater quality." Such information has not <br />been included in the application. <br />Third, Rule 3.1.7(2)(c) prescnbes how permit conditions, whether practice-based or <br />numeric protection levels, are to be established. There are two options. The first option is that <br />the wnditions 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 ss a <br />guide. In the absence of baseline data, the application cannot have permit conditions which satisfy <br />this criteria, since enough must be known about the groundwater "to evaluate reasonably potential <br />future uses," and that information is not presently available. The alternative, under circumstances <br />where ambient groundwater quality exceeds WQCC values, is to protect against fuRher lowering <br />of groundwater 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 require that baseline data concerning <br />groundwater quality be included in the application. It follows that the establishment of numeric <br />