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! • <br />to protect groundwater was...has been in existence <br />since the passage of the Clean Water Act and the <br />State's adoption of that program. And, what <br />Senate Bill 181 was simply defining the mechanism <br />by which the State shall implement that particular <br />Federal Act. And, so, with Senate Bill 181, the <br />Mined Land Reclamation Board or Division are then <br />required to promulgate regulations for the <br />protection of groundwater. And, it's my belief <br />that the company was fully aware of this Act and <br />these Rules and had, I believe, within their power <br />to take whatever measures that needed to take, <br />well in advance of our notice to address this <br />issue. The other thing I wanted to point out is <br />that this particular statute requires that the <br />Board and the Division do what's necessary to <br />protect existing and potential future uses of <br />groundwater. It doesn't mean that you have to <br />have someone using the groundwater. What it means <br />is that you have to do what's necessary to protect <br />potential future uses of that groundwater. And, <br />that's based on the ambient quality of that <br />groundwater where the Water Quality Control <br />Commission, who is the only body that can set <br />standards, has not set standards. So, basically, <br />if that water has...is suitable for domestic <br />drinking water, based its inherent qualities, then <br />the Board and the Division are required to protect <br />17 <br />