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May Day and Idaho Mine Complex 112 (d) Permit Application <br />(i) The permit conditions will be protective of the existing and reasonable potential future <br />uses of the groundwater that may be affected. The WQCC's groundwater quality table <br />values (The Basic Standards For Ground Water 5 CCR 1002-41), will be used as a <br />guide in establishing the permit conditions. <br />(ii) Where ambient groundwater quality exceeds values for protection of existing and rea- <br />sonably potential future uses of groundwater, such as groundwater table values or <br />other numeric criteria, permit conditions will be established to protect those uses <br />against further lowering of groundwater quality. <br />(3) Procedures for establishing permit conditions to protect the quality of unclassified groundwa- <br />ter. <br />(a) New operations and modifications of existing permits: Any application for a new opera- <br />tion, or an application for a modification of an existing permit which modification has a <br />reasonable potential to adversely affect the quality of unclassified groundwater, that is <br />approved by the Office or the Board on or after September 1, 1993, shall include permit <br />conditions pursuant to Paragraph 3.1.7(2). <br />(b) Existing operations: For operations subject to a permit issued before September 1, 1993, <br />which permit is not the subject of an application or a modification as described in Subpa- <br />ragraph 3.1.7(3)(a), permit conditions will be established as follows: <br />(i) Upon a determination that a violation of a permit provision affecting groundwater <br />quality has occurred, the Board may order the Operator to submit an application to <br />modify the permit to comply with Paragraph 3.1.7(2), and may set a reasonable sche- <br />dule for submittal of such application. Nothing in this Rule will be construed to limit <br />the Board's authority under Section 34-32-124, C.R.S. 1984, as amended. <br />(ii) The Office will follow the pre-enforcement procedure set out below before requiring <br />an Operator who is in compliance with all permit provisions and regulation require- <br />ments related to groundwater quality to modify the permit. The Office may bring an <br />enforcement action under Section 34-32-116(7), C.R.S. 1984, as amended, or earlier <br />version thereof. Such enforcement action may result in a finding of a violation of that <br />statutory provision upon finding that there is or may be a reasonable potential for de- <br />gradation of groundwater quality that adversely affects existing or reasonable poten- <br />tial future uses of such groundwater. The Office will follow the pre-enforcement <br />procedure outlined below before bringing such an enforcement action: <br />(A) When the Office has reason to believe, based on evidence, that there is or may be <br />a reasonable potential for degradation of groundwater quality that adversely af- <br />fects uses, the Office will notify the Operator of the evidence and of the possible <br />need to modify the permit to include permit conditions that comply with Para- <br />graph 3.1.7(2). The notification may require the Operator to submit necessary in- <br />formation, and will allow a minimum of 90 days for the Operator to respond. <br />Following a response from an Operator provided with notice under this Section <br />3. 1, the Office will allow a reasonable period to negotiate appropriate permit <br />conditions with the Operator pursuant to Paragraph 3.1.7(2). <br />(B) The Office may bring an enforcement action if the Operator fails to respond with- <br />in the time specified, or if the Office and the Operator do not negotiate appropri- <br />May Day Idaho Mine Complex 112(d) Permit Application <br />September 21, 2010 (REVISED Oct. 22, 2010)