No-permit statement vs. 1990 regulatory claim
The starting conflict is direct: DEH previously stated that a permit to construct a well on the Reed parcel was not available in County records, while a later DEH letter stated that the well/system had been part of the regulated program since 1990.
Record question: What contemporaneous 1990 record ties the Reed parcel source to the regulated system if the available permit record identifies a different parcel and DEH previously stated that a permit for the Reed parcel was not available?
Records needed to support DEH’s historical position
| Claim or treatment | Records needed to support it |
|---|---|
| Reed well was part of the regulated system since 1990 | Correct-parcel permit, technical report, source identity, source capacity, distribution system, owner/operator, access/easement, and operating responsibility records. |
| Permit #16245 supports regulation of APN 571-040-002 | Corrected permit, amended application, contemporaneous APN correction record, or agency record explaining the change. |
| WVHWA controlled the Reed well | Recorded ownership/control document or easement language expressly granting such authority. |
| System existed and operated in 1990 | Inspection, operating, electrical, tank, pump, pipeline, and source-capacity records from the 1990 period. |