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May Day and Idaho Mine Complex 112 (d) Permit Application <br />ate permit conditions within a reasonable period of time, pursuant to Sub subpa- <br />ragraph 3.1.7(3)(b)(ii)(A). Upon finding a violation of the Act, or Rules promul- <br />gated there under, the Board may modify the permit to include groundwater <br />protection provisions in compliance with Paragraph 3.1.7(2). <br />(C) The pre-enforcement procedures described in this Sub subparagraph 3.1.7(3) (b) <br />(ii) will not apply if there is an imminent danger to the health, safety, and general <br />welfare of the people of this state. In such a case, the Office may immediately in- <br />itiate an enforcement action and may seek a cease and desist order. This provi- <br />sion will not be construed to prevent the Water Quality Control Division from <br />pursuing its remedies under Section 25-8-307, C.R.S. (1989). <br />(4) Procedures for establishing compliance with standards promulgated by the WQCC. <br />(a) Existing permits affecting groundwater, subject to existing groundwater quality standards. <br />The Office shall provide notice to operations subject to a permit issued prior to January <br />31, 1994 if such operation has a reasonable potential to exceed groundwater quality stan- <br />dards promulgated by the WQCC. Such existing groundwater quality standards may in- <br />clude standards applicable to groundwater that has been classified by the WQCC, interim <br />narrative standards and state-wide standards for certain pollutants. The notice shall pro- <br />vide the Operator with a reasonable opportunity to respond and modify the permit if ne- <br />cessary, to establish permit conditions adequate to implement such groundwater <br />standards. <br />(b) WQCC standards promulgated after a permit is issued: If there is a reasonable potential to <br />exceed groundwater quality standards promulgated after the permit is issued the Office <br />shall provide the Operator with notice of the applicable groundwater quality standards. <br />The Operator shall be afforded a reasonable opportunity to submit an application to mod- <br />ify the permit as necessary to implement such groundwater quality standards. <br />(c) Permit conditions established pursuant to Subparagraphs 3.1.7(4) (a) and (b) shall include <br />a reasonable schedule of compliance. Such permit conditions may be in the form of nu- <br />meric protection levels, practice-based permit conditions, or both. <br />(d) If Wildcat has a reasonable potential to exceed groundwater quality standards promulgat- <br />ed by the WQCC, Wildcat will modify the permit as necessary to implement such stan- <br />dards in compliance with this Subsection, 3.1.7, within a reasonable period of time after <br />receiving a Notice issued pursuant to Subparagraphs 3.1.7(4)(a) and (b). If the Operator <br />fails to do so the Office may initiate an enforcement action to enforce compliance with <br />this Rule and establish any necessary permit conditions. <br />(e) Permits, or applications to modify a permit, shall not be approved unless such permit or <br />modification includes conditions adequate to implement all groundwater quality stan- <br />dards promulgated by the WQCC applicable to such permit or modification. <br />(5) Any Operator, on a voluntary basis, may submit information concerning the protection of the <br />quality of groundwater affected by the operation to the Office. The Operator may submit such <br />information and a plan for monitoring, where appropriate, including monitoring at points of <br />compliance, for the Office's consideration. The information submitted will satisfy the re- <br />May Day Idaho Mine Complex 112(d) Permit Application <br />September 21, 2010 (REVISED Oct. 22, 2010) <br />9