A. Standard of Review. Except as provided above, a permit may be granted for a period of up to fifteen (15) years with or without conditions under the provisions of this chapter only if the Applicant demonstrates that the proposed extraction or spreading and method of operation is not forecast to cause an Adverse Effect when evaluated using the Predictive Particle Tracking, and will not interfere with, compromise, endanger or detrimentally affect the Interim Remedy, or cause the City to be in potential violation or non-conformance with the SOW, Consent Decree or RODs, or EPA or DTSC approved plans adopted thereunder.
1. Prior to the completion of an updated Groundwater Model the Applicant shall bear the burden of demonstrating through the use of engineering and other satisfactory scientific data that the proposed extraction or spreading will not cause an Adverse Effect and will not interfere with, compromise, endanger or detrimentally affect the Interim Remedy.
2. After an updated Model has been completed, the Applicant shall bear the burden of demonstrating through the use of the Predictive Particle Tracking and other satisfactory scientific evidence that the proposed extraction or spreading is not forecast to cause an Adverse Effect, and will not interfere with, compromise, endanger or detrimentally affect the Interim Remedy.
B. Conditions of Approval.
1. In the event the application is approved, EPA, DTSC and SBMWD shall have the right to condition approval upon Mitigation Measures, Project Re-Design, or other remedial activities to be performed by Applicant. EPA, DTSC or SBMWD may require Applicant to prepare a mitigation or remedial plan subject to approval by EPA, DTSC and SBMWD prior to issuance of the permit.
2. If Mitigation Measures, Project Re-Design, or remedial activities are required as a condition of the issuance of a permit, SBMWD may require Applicant to post a bond of sufficient value to assure compliance with the mitigation or remedial activities.
3. Upon approval of the application, with or without Mitigation Measures, Project Re-Design, or remedial activities, and after the posting of a bond, if required, SBMWD shall issue a permit.
4. The approval and issuance of a permit shall be subject at all times to the monitoring of Applicant's activities and suspension or revocation of the permit if it is determined by SBMWD, EPA or DTSC that Applicant's activities interfere with, compromise, endanger or detrimentally affect the Interim Remedy.
5. The issuance of a permit shall be conditioned on the grant to EPA, DTSC and the City, including SBMWD, their contractors and representatives, of access to the wells or spreading basins or related areas for the purpose of verifying compliance with the permit, and upon reasonable notice to inspect and copy documents and records of Applicant's operations of the permitted facilities.
6. Misrepresentation or failure to disclose material facts in the application shall be grounds for denial of the application.
7. The approval and issuance of a permit shall be conditioned upon Applicant indemnifying, defending, and holding City and SBMWD harmless from any and all claims, causes of action, injury to person or property and enforcement proceedings arising from or related to the Application for Permit, property subject to the permit, work to be undertaken relating to the permitted property, including work not the subject of the permit or any other matter related to the permit or granting of the permit, including but not limited to any costs incurred by SBMWD or City from any contest to the issuance of the permit.
C. Denial of Application. SBMWD shall deny the application if it determines that the standards of this Chapter have not been attained or if either SBMWD, EPA or DTSC determines that the proposed project is forecast to cause an Adverse Effect which is not eliminated by Mitigation Measures or Project Re-Design or will interfere with or adversely affect the integrity of the Newmark and Muscoy extraction and treatment systems, or will increase the likelihood that contaminants will migrate past or around the barrier walls that are part of those systems or will otherwise interfere with the performance of the Interim RemedialActions, or causethe City to be in potential violation or non-conformance with the SOW, Consent Decree or RODs, or any plan approved by EPA or DTSC in order to implement those documents. SBMWD shall provide to Applicant a copy of the written objections made together with any additional written statement of reasons by EPA, DTSC and/or SBMWD for disapproval of the permit. An Applicant denied a permit may appeal the decision pursuant to Section 13.25.060.