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Preliminary Adequacy Issues 3 <br />AM-03, M-1988-112 <br />April 25, 2008 <br />Furthermore, under section G.4.2.2, the Applicant proposes that if a contaminant exceeds the <br />protection standard at SLM-2, the Division cannot pursue enforcement action unless the <br />Operator fails to follow the protocol, which involves the reporting of two verification samples and <br />follow-up submittal of a response plan to address the exceedence. The time period for the <br />proposed protocol extends approximately three months from the date of the original report <br />wherein an exceedence was indicated. <br />Please note that any exceedence of any standard at a point of compliance may be interpreted <br />as a possible violation and pursuant to Rule 3.2(4), the Division will pursue enforcement action <br />upon a determination of a possible violation. The Division need not wait for redundant <br />verifications before determining whether a possible violation exists. Additionally, a possible <br />violation for failure to follow the approved protocol is not dependent upon an exceedence of <br />water quality standards. <br />The locations of monitoring wells and points of compliance, as well as the protocol for sampling, <br />reporting and responding to unforeseen circumstance, must be carefully selected to not only <br />verify compliance with Rules 3.1.6 and 3.1.7, but also enable the Operator to fulfill his obligation <br />to protect off-site areas from damage as required by Rule 3.1.5(3). The commitment to provide <br />a remediation plan only after an exceedence of the water quality standards has been verified at <br />the permit boundary is inappropriate. Pursuant to Rule 3.1.5(3), the Division requires that AM- <br />03 include a rigorous remediation plan crafted for immediate and automatic implementation <br />upon the first indication of an exceedence of the water quality standards and which <br />demonstrates that off-site areas are protected from damage. <br />Pursuant to Rules 3.1.7(6)(a) and 3,1.7(6)(b)(ii)(A), the Division recommends multiple points of <br />compliance located at the edge of each of the irrigation fields at the principle axis of ground <br />water flow, as well as along the down-gradient perimeter of the permit area. Please provide all <br />information required under Rule 3.1.7(7)(b) for the new monitoring wells at the Salazar Ranch <br />facility. The Division encourages the Applicant to consider up-gradient monitoring wells in <br />addition to SLM-1, as sufficient to monitor the ground water quality and quantity along the up- <br />gradient (northern) permit boundary. Baseline conditions shall be established for all new <br />monitoring wells and points of compliance in accordance with Rule 6.4.20(9)(b). Pursuant to <br />Rule 6.4.20(9)(c), baseline monitoring shall include the full suite of water quality standards listed <br />in Tables 1 through 4 of Regulation 41, with detection limits set at or below the most stringent <br />standards listed in Tables 1 through 4 of Regulation 41. As noted in the-staff memo from Mr. <br />Sorenson, a high frequency of sampling and analysis of ground water is required during <br />irrigation and will continue until otherwise approved by the Division. Additionally, the Division. <br />requires that the new data be utilized to calibrate the ground water model provided in Appendix <br />F midway through and at the end of each irrigation season until a lesser calibration frequency is <br />approved. <br />As discussed previously, the quality of the West Pit water is dependant on an involved process <br />of mechanical pumping to precisely control the elevation of ground water in the West Pit. As <br />such, the .quality of the water in the West Pit storage ponds is suspect and not guaranteed. The <br />Division recommends that numeric protection standards be established for the untreated water <br />