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PART I Page 5 Permit No. CO-0044776 A. DEFIIYTTION OF EFFLUENT LIMITATIONS 4. 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, as appropriate. The permittee should endeavor to meet the primary limitations whenever possible. Relief is noc available for mine drainage alone, nor when the majority of a discharge consist mine drainage. For rainfall, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within hours afer measurable precipitation has stopped. To waive settleable solids limitations, it is necessary to prove t dischazge occurred within 48 hours after precipitation greater than the 10-yeaz, 24-hour event has stopped. For ~Q,wmelt, to waive TSS and total iron limitations, it is necessary to demonstrate that dischazge occurred withl 48 hours afrer pond inflow has stopped. To waive settleable solids limitations, it is necessary to prove that dischazge occurred within 48 hours after pond inflow volume greater than the 10-yeaz, 24-hour event has stopped Should a precipitation event or snowmelt occur, the pertnittee shall submit adequate proof in order for an exemptS,~~ to be claimed. Weather station data should be submitted where appropriate. Documentation that the treatment facilities were groperly operated and maintained prior to and during the storm event must be submitted with any request for relief. Additionally. for outf 11 002. h permittee must demonstrate ghat Le maiori ofof the for which the ezemn~on is cl imed con i c of urfac runoff Said proof shall be submitted as an attachmem to i Dischazge Monitoring Report (DMR) for the appropriate period. The Division shall determine the adequacy of proof. As part of this determination, the Division shall evaluate whether the permittee could have controlled the dischazge in such a manner that primary limitations could have been met, whether proper sediment storage 1 were maintained and the ponds had sufficient water and sediment capacity for the storm event plus other rel factors. All manual pond dewatering must meet TSS and total iron limitations unless previous approval has granted for ponds that have Il4 other method of dewateting. For ponds with automatic dewatering structures, only dischazges through these structures aze eligible for the exemption. 5. Post-Minim r ac In conformance with 40 CFR 434.50, commencing at the time active mining.has ceased and all surface azeas served by a sedimentation pond have been returned to the required contour and revegetation has commenced, applicable dischazges may be eligible for limitations other than those specified in Part I.A.1. In most cases, these post-tniaing limitations shall remain in effect until bond release. The permittee shall notify the Division at the appropriate time so that consideration of permit modifications can be made. Prior to notification and subsequent permit modification active mining limitations will apply regazdless of actual mine status. 6. Whole Effluent Tonicity Testine Requirements fAcutel - Outfall 002 a. Tectine and Repotting Requirements WET testing shall be required whenever the dischazge contains any flow from mine drainage and/or spoils spring sources. WET [es[ing is not required when a dischazge consists entirely of surface runoff. If discharge from outfalt 002 contains mine drainage at anv time during the appropriate monitoring frequency period, WET testing is required during that period. Tesu shall be done at the frequency listed in Pan I.B.1. Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the reporting period during which the sample was taken. (i.e., WET testing results for the first calendaz quaver ending March 31 shall be reporter with the DMR due Apri128.) 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 both the Division and EPA along with the DMR. , _ ., ... t Amendmenc.No. 1 Issued~~H,T_ ~ ~ 1(~a Effective ~t~t-' -