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PART I <br />Permit No. CO -0029599 <br />Page No. 6 <br />A. DEFINITION OF EFFLUENT LIMITATIONS <br />2. Whole Effluent Toxicity Testing Requirements (Chronic) Outfall 001 (continued) <br />i. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. <br />ii. The PTI/TIE results indicate that the toxicant(s) represent pollutant(s) that may be controlled with specific <br />numerical limits, and the Division agrees that the numerical controls are the most appropriate course of <br />action. I <br />iii. The PTI/TIE reveals other unique conditions or characteristics which, in the opinion of the Division, justify <br />the incorporation of unanticipated special conditions in the permit. I <br />iv. The Division may reopen this permit and impose chronic toxicity limits where chronic toxiciity is identified. <br />3. Burden of Proof Requirements <br />The permittee has the burden of proof when seeking relief from settleable solids (SS) limitations, as applicable. The <br />settleable solids limitation is a primary limitations for outfall 005. Outfall 001 is ineligible for relief) <br />a. For rainfall, to waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 <br />hours after precipitation greater than the 10 -year, 24-hour event has stopped. <br />b. For snowmelt, to waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 <br />hours after pond inflow volume greater than the 10 -year, 24-hour event has stopped. <br />To claim an exemption in the event of a precipitation event or snowmelt, the permittee shall submit adequate proof <br />as an attachment to the Discharge Monitoring Report (DMR) for the appropriate period. The permittee should <br />endeavor to meet the primary limitations whenever possible. Relief may be granted for each discharge occurrence <br />only when necessary and shall not be granted when the permittee has control over the discharge. The permittee will <br />need to show that exceedence of the applicable limitations was caused by precipitation and no other source and thh <br />the discharge was beyond their control. <br />The Division shall determine the adequacy of proof. As part of this determination, the Division shall evaluate <br />whether the permittee could have controlled the discharge in such a manner that primary limitations' could have been <br />met. The permittee needs to demonstrate that surface runoff caused the exceedence of primary limitations. <br />Additionally, the permittee shall certify that the pond system was properly designed, operated and maintained prior <br />to and during the discharge. Manual dewatering of ponds that have no automatic dewatering devices must occur <br />within 48 hours after event end as described in the above paragraphs to be eligible. All manual dewatering that <br />occurs after 48 hours shall meet settleable solids limitations as applicable. <br />B. MONITORING REQUIREMENTS <br />1. Frequency and Sample Type <br />In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified <br />in Part I.A.1, the permittee shall monitor all effluent parameters at the following frequencies. Such, monitoring will <br />begin immediately and last for the life of the permit unless otherwise noted. The results of such monitoring shall be <br />reported on the Discharge Monitoring Report form (See Part I.E.). Also see Part I.B.2. <br />I <br />a. Outfall 001 <br />Parameter Monitoring Frequency :,+Sample Type <br />Flow, MGD <br />during limited access periods Monthly Instantaneous or Continuous <br />during normal access periods Twice Monthly Instantaneous or Continuous • <br />Total Suspended Solids, mg/ Monthly Grab <br />