Ground water restoration values

1. Based upon the information submitted under subsection 1 of section 43-02-02.2-18 and the determination under section 43-02-02.2-19, the department shall develop a tabulation of assigned ground water quality restoration values that are the compliance requirements for restoring the production and nonproduction zones. The restoration values must be based on premining baseline conditions. If the ground water restoration demonstration under subsection 1 of section 43-02-02.2-18 indicates that the operation will be unable to return affected ground water to baseline conditions by applying best available technology, the department may set the restoration values as follows: a. To not exceed concentration levels listed in the North Dakota water quality standards (chapter 33-16-02.1) or narrative standards; or b. To not exceed the health advisory levels or secondary drinking water regulations set by the United States environmental protection agency; and 2. Modifying the restoration values must be done in accordance with section 43-02-02.2-63.