Wednesday, August 29, 2012 3:33:27 PM
You need to obtain an Aquifer Protection Permit, or APP, if you own or operate a facility that discharges a pollutant either directly to an aquifer or to the land surface or the vadose zone (the area between an aquifer and the land surface) in such a manner that there is a reasonable probability that the pollutant will reach an aquifer.
See A.R.S. § 49-201(12) for statutory definition of discharge
A.R.S. §§ 49-241 through 49-252, and A.A.C. R18-9-101 through R18-9-403 for statutes and rules related to APP
The following facilities are considered to be "discharging" and require permits, unless exempted, or the director determines that the facility will be designed, constructed and operated so there will be no migration of pollutants directly to the aquifer or to the vadose zone:
Surface impoundments, pits, ponds, and lagoons
Solid waste disposal facilities, except for mining overburden and wall rock that has not been subject to mine leaching operations
Injection wells
Land treatment facilities
Facilities adding pollutants to a salt dome, salt beds, or salt formations, drywells, underground caves, or mines
Mine tailings piles and ponds
Mine leaching operations
Septic tank systems
Underground water storage facilities (if wastewater-effluent is used)
Sewage or wastewater treatment facilities
Wetlands designed and constructed to treat municipal and domestic wastewater for underground storage
Any disturbance of the tailings pile or the waste dump at the Azurite Mine (Davis Dunkirk) will trigger the APP regulations. An APP can take years to obtain, and is required to operate a legally. How will GDSM/WSRA circumvent these regulations to "produce" in 4th Quarter, 2012? I am curious.....
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