Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-57-5 - Deviation from Existing Quality5.1. Application -- Any person may apply to the Director to obtain a deviation from an agency action taken, or to be taken, to assure that a single source or class of sources maintain and protect groundwater at existing quality, where the existing quality is better than that required to maintain and protect applicable groundwater quality standards. Such petition may be independently filed or may be made in conjunction with other matters pending before the Director. If such other matters require public notice, then the request for a deviation shall be clearly identified in such notice.5.2. Contents -- An application for a deviation must contain: 5.2.a. Name, mailing address and phone number of the person requesting the deviation and the name of the individual to be contacted regarding the application;5.2.b. A description of the source or class of sources and constituents for which the deviation is being requested and, in the case of a request for a class of sources, a description of how such sources are substantially similar and the geographic area to be covered by such class;5.2.c. A description of the area for which the deviation is proposed, including an analysis of the geology and hydrology of the area;5.2.d. A report of the existing groundwater quality and uses in the area to be affected by the deviation, including, but not limited to the levels of constituents for which the deviation is being requested;5.2.e. A list of other sources which may be expected to contaminate in the area for which the deviation is requested;5.2.f. A statement describing why the measures necessary to preserve existing quality are not technically feasible or economically practical; and5.2.g. A statement describing why a change in groundwater quality is justified based upon economic or societal objectives.5.3. Director Action -- The Director may grant or deny a deviation for a specific site, activity or facility or for a class of activities or facilities which have impacts which are substantially similar and exist in a defined geographic area. The Director's reasons for granting or denying such a deviation shall be set forth in writing. To insure that applicable groundwater quality standards are not violated, the Director shall evaluate the cumulative impacts of all facilities and activities on the groundwater resources in question prior to granting any such a deviation and shall include such evaluation in this written report.5.4. Terms and Conditions -- The Director shall have the exclusive authority to determine the terms and conditions to be applicable to the Director's decision to grant a deviation and the Director shall have the exclusive authority to determine the terms and conditions of such a deviation. The groundwater regulatory agency shall take such alternative action as may be necessary to assure that the facilities and activities which are subject to the deviation maintain and protect applicable groundwater quality standards. In maintaining and protecting such groundwater quality standards, such agency shall establish preventative action limits which, once reached, shall require action to control a source of contamination to assure that such standards are not exceeded.5.5. Notice -- The Director or Chief of the Office of Water Resources of the Division of Environmental Protection of the Bureau of Environment shall provide notice of any decisions to approve an application for a deviation to the applicant and to any person that has submitted a written request for such information to such Director or Chief.