Common use of Surface Water Clause in Contracts

Surface Water. Standards Protection of surface water was a basis for making soil and groundwater response action decisions during the cleanup period so that surface water on site and leaving the site would be of sufficient quality to support all uses. The applicable surface water uses are consistent with the following Colorado Water Quality Control Commission (WQCC) surface water use classifications: • Water Supply, • Aquatic Life – Warm 2, • Agriculture, • Recreation N (North Walnut Creek, South Walnut Creek, and Pond C-2), and • Recreation E (Woman Creek). The remedy performance standards for surface water at the Rocky Flats Site are found in Table 1 and are based on the tables found in the WQCC Regulation No. 31: Basic Standards and Methodologies for Surface Water (5 CCR 1002-31) and on the site-specific standards in the WQCC Regulations No. 38 (5 CCR 1002-38). If the numeric values from the basic standards and the site-specific standards differ, the site-specific standard applies. In addition to practical quantitation levels (PQLs) allowed by the WQCC regulations, site-specific PQLs may be proposed to Colorado Department of Public Health and Environment (CDPHE) for approval. Any changes to the standards will be discussed in the annual legacy management report. The WQCC-designated groundwater use classification at the site is surface water protection. The numeric values for measuring potential effects of contaminated groundwater on surface water quality are the surface water standards in Table 1. Exceedances of water quality standards at a surface water POC may be subject to civil penalties under Sections 109 and 310(c) of CERCLA. Criteria and strategies for comparing analytical results to these numeric values are established in Section 5 and in attached flowcharts.

Surface Water. Standards Protection of surface water was a basis for making soil and groundwater response action decisions during the cleanup period so that surface water on site and leaving the site would be of sufficient quality to support all uses. The applicable surface water uses are consistent with the following Colorado Water Quality Control Commission (WQCC) surface water use classifications: •  Water Supply, •  Aquatic Life – Warm 2, •  Agriculture, •  Recreation N (North Walnut Creek, South Walnut Creek, and Pond C-2), and •  Recreation E (Woman Creek). The remedy performance standards for surface water at the Rocky Flats Site are found in Table 1 and are based on the tables found in the WQCC Regulation No. 31: Basic Standards and Methodologies for Surface Water (5 CCR 1002-31) and on the site-specific standards in the WQCC Regulations No. 38 (5 CCR 1002-38). If the numeric values from the basic standards and the site-specific standards differ, the site-specific standard applies. In addition to practical quantitation levels (PQLs) allowed by the WQCC regulations, site-specific PQLs may be proposed to Colorado Department of Public Health and Environment (CDPHE) for approval. Any changes to the standards will be discussed in the annual legacy management report. The WQCC-designated groundwater use classification at the site is surface water protection. The numeric values for measuring potential effects of contaminated groundwater on surface water quality are the surface water standards in Table 1. Exceedances of water quality standards at a surface water POC may be subject to civil penalties under Sections 109 and 310(c) of CERCLA. Criteria and strategies for comparing analytical results to these numeric values are established in Section 5 and in attached flowcharts.

Surface Water. Standards Protection of surface water was a basis for making soil and groundwater response action decisions during the cleanup period so that surface water on site and leaving the site would be of sufficient quality to support all uses. The applicable surface water uses are consistent with the following Colorado Water Quality Control Commission (WQCC) surface water use classifications: • Water Supply, • Aquatic Life – Warm 2, • Agriculture, • Recreation N (North Walnut Creek, South Walnut Creek, and Pond C-2), and • Recreation E (Woman Creek). The remedy performance standards for surface water at the Rocky Flats Site are found in Table 1 and are based on the tables found in the WQCC Regulation No. 31: Basic Standards and Methodologies for Surface Water (5 CCR 1002-31) and on the site-specific standards in the WQCC Regulations No. 38 (5 CCR 1002-38). The Table 1 standards are tailored to the conditions at the Rocky Flats Site and their use is limited to the evaluation of environmental monitoring data required by this agreement. The Table 1 standards do not supplant state of Colorado water quality standards applicable to surface waters at the site, which are named in the CAD/ROD. If the numeric values from the basic standards and the site-specific standards differ, the site-specific standard applies. In addition Revisions to the practical quantitation levels limits (PQLs) allowed by the WQCC regulations, site-specific PQLs in Table 1 may be proposed to Colorado Department of Public Health and Environment (CDPHE) for approval. The RFLMA parties should consider PQL guidance, applicable regulations, site-specific conditions, and other relevant information in establishing PQL values. Any changes to the standards will be discussed in the annual legacy management report. The WQCC-designated groundwater use classification at the site is surface water protection. The numeric values for measuring potential effects of contaminated groundwater on surface water quality are the surface water standards in Table 1. Exceedances of water quality standards at a surface water POC may be subject to civil penalties under Sections 109 and 310(c) of CERCLA. Criteria and strategies for comparing analytical results to these numeric values are established in Section 5 and in attached flowcharts.