2018-08-08_PERMIT FILE - C1982056 (14)

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PART 11 Page No 10 Permit No. COG -850000 ALTERNATE LIMITATIONS FOR ACID OR FERRUGINOUS MINE DRAINAGE FROM COAL REFUSE PILES AND FROM STEEP SLOPE AREAS OR MOUNTAINTOP REMOVAL OPERATIONS Any discharge or increase in the volume of a discharge caused by precipitation within any 24 hour period greater than the I -year, 24-hour precipitation event, but less than or equal to the 10 -year, 24-hour precipitation event (or snowmelt of equivalent volume) may may substitute the following limitations for these specific parameters only, subject to burden of proof requirements described in Part I.B.6 6. Burden of Proof Requirements The permittee has the burden of proof when requesting relief from total suspended solids (TSS), total iron, and/or settleable solids limitations. Relief shall be granted only when necessary and shall not be granted when the permittee has control over the discharge. The permittee should endeavor to meet the primary limitations whenever possible. The Division shall have final authority in determining whether relief is granted. a) For rainfall, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within 48 hours after measurable precipitation has stopped. To waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after precipitation greater than the 10 -year, 24-hour event has stopped. b) For snowmelt, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within 48 hours after pond inflow has stopped. To waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow volume greater than the 10 -year, 24-hour event has stopped. The Division shall determine the adequacy of proof. As part of this determination, the Division shall evaluate whether the permittee could have controlled the discharge in such a manner that primary limitations could have been met. All manual dewatering of ponds that are equipped with automatic dewatering systems must meet TSS, total iron, and total manganese limitations. If a pond has only manual dewatering capability, relief is available only to the extent required to regain necessary stability and capacity. 7. Compliance Schedules Any compliance schedule related requirements will be included in the certifications. S. WET Testing a. Acute WET Testing (See also Part I.B.7.c for WET requirements applicable to both chronic and acute WET testing) 1. Testing and Reporting Requirements Tests shall be done at the frequency listed in Part I.B.1. Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the end of the reporting period when the sample was taken. (i.e., WET testing results for the calendar quarter ending March 31 shall be reported with the DMR due April 28, etc.) The results shall be submitted on the Acute Toxicity Test report form, available from the Division. Copies of these reports are to be submitted to the Division along with the DMR. The permittee shall conduct each acute WET test in general accordance with methods described in Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms EPA/600/4- 90/027 or its most current edition, except as modified by the most current Division guidance document entitled Limitations Monitoring Sample Parameter 30 -Day 7 -Day Daily Rationale Frequency Type Avg. Avg. Max. ------ __—_---Federal Effluent Limitation GuideIines-------------- --- ----------- Total Suspended Solids, mg/l Report NA Report Federal ELG Weekly Grab Total Manganese, mg/l Report NA Report Federal ELG Weekly Grab Total Iron, mg/l Existing Sources (before5/4/84) Report NA Report Federal ELG Weekly Grab New Sources (after 5/4/84) Report NA Report Settleable Solids, ml/l Report NA 0.5 Federal ELG Weekly Grab 6. Burden of Proof Requirements The permittee has the burden of proof when requesting relief from total suspended solids (TSS), total iron, and/or settleable solids limitations. Relief shall be granted only when necessary and shall not be granted when the permittee has control over the discharge. The permittee should endeavor to meet the primary limitations whenever possible. The Division shall have final authority in determining whether relief is granted. a) For rainfall, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within 48 hours after measurable precipitation has stopped. To waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after precipitation greater than the 10 -year, 24-hour event has stopped. b) For snowmelt, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within 48 hours after pond inflow has stopped. To waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow volume greater than the 10 -year, 24-hour event has stopped. The Division shall determine the adequacy of proof. As part of this determination, the Division shall evaluate whether the permittee could have controlled the discharge in such a manner that primary limitations could have been met. All manual dewatering of ponds that are equipped with automatic dewatering systems must meet TSS, total iron, and total manganese limitations. If a pond has only manual dewatering capability, relief is available only to the extent required to regain necessary stability and capacity. 7. Compliance Schedules Any compliance schedule related requirements will be included in the certifications. S. WET Testing a. Acute WET Testing (See also Part I.B.7.c for WET requirements applicable to both chronic and acute WET testing) 1. Testing and Reporting Requirements Tests shall be done at the frequency listed in Part I.B.1. Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the end of the reporting period when the sample was taken. (i.e., WET testing results for the calendar quarter ending March 31 shall be reported with the DMR due April 28, etc.) The results shall be submitted on the Acute Toxicity Test report form, available from the Division. Copies of these reports are to be submitted to the Division along with the DMR. The permittee shall conduct each acute WET test in general accordance with methods described in Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms EPA/600/4- 90/027 or its most current edition, except as modified by the most current Division guidance document entitled