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PART I Page vi Permit No. CO-0032638 A. TERMS AND CONDITIONS 2. Burden of Proof Requirements The permittee has the burden of proof when seeking relief from total suspended solids (TSS), total iron andlor settleable solids (SS) limitations. Outfall OOl is eligible. Outfalls 004 and 007 are eligible for relief only when the exceedence is caused by precipitation. Demonstration is necessary. Relief may be granted for each dischazge occurrence only when necessary and shall not be granted when the permittee has control over the discharge. The permittee should endeavor [o meet the primary limitations whenever possible. The permittee will need to show that exceedence of the applicable limitations was caused by precipitation and no other source and [hat the discharge was beyond their control. a) For rainfall, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours after measurable precipitation has stopped. In addition, 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 prove that discharge occurred within 48 hours after pond inflow has stopped. In addition, 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. Should a precipitation event or snowmelt occur, the pemtittee shall submit adequate proof in order for an exemption to be claimed. Said proof shall be submitted as an attachment to the Discharge Monitoring Report (DMR) For the appropriate period. The Division shall determine the adequacy of proof. As pan 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 the ponds shall meet TSS and total iron limitations. 3. Pos[-Mining Areas Commencing a[ the time active mining has ceased and surface areas have been returned to the required contour all applicable discharges may be eligible for limitations other than those specified in Pans I.A.2. and I.A.3. These post-mining limitations shall remain in effect until bond release. The permittee shall notify the Division upon cessa[ion of active mining so that consideration of appropriate permit modifications can be made. 4. Salinity Parameters In order to obtain an indication of the quantity of Salinity being discharged from the site, the permittee shall monitor the wastewater effluent for total dissolved solids at the following frequency: Outfalls Frequency Samule Tvpe 001, 004, 007 Quarterly Grab See Part I.C. for Definitions. Amendment No. I issued Effective