1. (a) The permittee shall immediately implement an impact mitigation program for withdrawals when:

   1. (1) A withdrawal permit requires mitigation from the start of operation to prevent adverse impacts anticipated during the permit application process;
   2. (2) An impact monitoring and reporting program conducted in accordance with Env-Wq 403.26 reveals the potential occurrence of an adverse impact; or
   3. (3) The department determines that a report of unanticipated or adverse impact is valid as defined by Env-Wq 403.24 and reported in accordance with Env-Wq 403.25.

2. (b) Once an adverse impact is verified in accordance with Env-Wq 403.25, the permittee shall:

   1. (1) Submit a description of the impact based on observations to the department within 14 calendar days of adverse impact notification under Env-Wq 403.25;
   2. (2) Submit an impact mitigation program description in accordance with (c), below, for department approval within 60 calendar days of adverse impact notification under Env-Wq 403.25; and
   3. (3) Where the impact mitigation program is a condition of the permit and meets adverse impact thresholds identified in the permit, immediately begin the impact mitigation program designed for permit approval pursuant to Env-Wq 403.26.

3. (c) A mitigation program shall include one or more of the following measures, as necessary to mitigate adverse impacts:

   1. (1) Implementation of additional water conservation measures;
   2. (2) Reduction in withdrawal volumes, including cessation of the withdrawal except where necessary for fire protection or residential drinking water;
   3. (3) Replacement of sources for adversely impacted users in accordance with Env-Wq 403.32; and
   4. (4) Other action(s) necessary to address the specific adverse impacts.

4. (d) The mitigation program also shall include:

   1. (1) Periodic monitoring and reporting at a frequency necessary to substantiate the effectiveness of the mitigation activities; and
   2. (2) A schedule for the implementation of the activities listed in (c), above.
5. (e) Adherence to a mitigation program, where required, shall be a condition of the permit or become a condition of the withdrawal permit in accordance with permit modification procedures under Env-Wq 403.33.

Source. (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.29) (See Revision Note #2 at part heading for Env-Wq 403)