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YARTI <br />Permit No. CO-0032638 <br />Page Na. 6 <br />A. DEFINITION OF EFFLUENT LIMITATIONS <br />4. Burden of Proof Requirements <br />The peratittee has the burden of proof when seeking relief from settleable solids (SS) limitations, as applicable. Settleable solids aze <br />primary ]imitations for outfalls 004 and 007. Outfalls 004 and 007 maybe eligible, providing the exceedence is caused by precipitation. <br />a) For rainfall to waive settleable solids limitations, it is necessary to prove that dischazge occurred within 48 hours after precipitation <br />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 dischazge occurred within 48 hours after pond inflow <br />volume greater than the 10-yeaz, 24-hour event has stopped. <br />To claim an exemption in the event of a precipitation event or snowmelt, the pemtittee shall submit adequate proof as an attachment ro the <br />Dischazge Monitoring Report (DMR) for the appropriate period. The pemrittee should endeavor to meet the primary limitations whenever <br />possible. Relief may be granted for each dischazge occurrence only when necessary and shall not be granted when the permittee has <br />control over the dischazge. The permittee will need to show that exceedence of the applicable ]imitations were_ causedby precipitation and <br />no other source and that the dischazge was beyond their control. <br />The Division shall determine the adequacy of proof. As part of this determination, the Division shall evaluate whether the permittee could <br />have controlled the dischazge in such a manner that primary limitations could have been met. The pemrittee needs to demonstrate that <br />surface runoff caused the exceedence of primary limitations. Additionally, the petmittee shall certify that the pond system was properly <br />designed, operated, and maintained before and during the dischazge. Manual dewatering of ponds that have no automatic dewatering <br />devices must occur within 48 hours after event end as described in the above paragraphs to be eligible. All manual dewatering that occurs <br />after 48 hours shall meet settleable solids limitations as applicable. <br />5. Post-Minine Areas <br />Commencing at the time active mining has ceased and surface azeas have been resumed to the required contour all applicable dischazges <br />maybe eligible for limitations other than those specified in Part I.A.1. These post-mining limitations shall remain in effect until bond <br />release. The permittee shall notify the Division upon cessation of active awning so that consideration of appropriate permit modifications <br />can be made. <br />B. MONTTORING REQUIItEMENTS <br />1. Frequency and Samole Tvae <br />In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part I.A.1, the <br />pemilttee shall monitor all effluent parameters at the following frequencies. Such monitoring will begin immediately and last for the life <br />of the permit unless otherwise noted. The results of such monitoring shall be reported on the Dischazge Monitoring Report form (See Patt <br />I.E.). Also see Part I.B.2. <br />a. Outfalls 004 and 007 <br />man <br />}~Paratneter a +. ~' ~`` ~ .~ ` Moni}'orm rFre u`enc S lei` ~ .,~~~,:. ~, .:,; <br />~.~_.a_ ~A~w t ~~ ~..~_ .~_~,.- :, ..~.. _ _. g.. ,s. _ .y.n~hw ~~ . ,~ <br />Flow (Effluent), MGD a Weekly Instantaneous or Continuous <br />Flow Ratio (Combined Effluent to Upstream Trout Weekly Calculation <br />Creek) <br />ISSUED: September 22, 2003 EFFECTIVE: September 22, 2003 EXPIRES: February 28, 2006 <br />See Part I.C. for Definitions. <br />