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PART I Pagz vi Pzrmit No. CO-0032638 \. TERMS A~`D CONDITION'S ]. EI'llucnt Limitations (continued) (d) 1Vhnle F.ffluenl Toxicity -Chronic Lethality Limitation Beginning January 1, 1997 and lasting through February 28, 1999 there shall be no statistically significant difference in lethality (al the 95 ~ confidence level) 6ztween the control and any effluent concentration Izss than or equal to 18% (Aug -Feb) and 59`70 (Mar -July) zftluent. Such limitation shall apply as a daily maximum. 2. Burden of Proof Requirements The permittee has the burden of proof whin sezking relief from total suspendzd solids (TSS), total iron and/or settleable solids (SS) limitations. Outfalls 001, 002, 003, 003 and 00~ are eligible for relief, providing the exceedence is caused by precipitation. Outfall 006 is not eligible. Relief may be granted for each discharge occurrence only when nzcessar}' and shall not bz granted when the permittee h:u control over Ihz discharge. The pzrmittez should endzavor to meet the primary limitations whenever possiblz. The permiuee will nzed to show that exceedence of the applicable limitations was caused by precipitation and no other source and that the discharge u•as beyond their control. a) for rainbdl, to N'BtYe TSS and total iron limitations, it is nzcessary to provz that discharge occurred within dS hours after mz:uurablz precipitation has stopped. In addition, io waive settlzable solids limitations, it is nzezssary to prove d+at disch;a_e occurred within 48 hours after przcipitaaor. greater the+n the 10-yzar, 24-hour event has slopped. I>) For snowmelt, to waive TSS and total iron limitation;, it is necessary to provz that discharge occurred within 4S hours aflzr pond inflow has stopped. In addwon, to u'an~e settleable solids limitations, it is necessar}' to prove that discharge occurred within 48 hours after pond mllow eo{ume grzater than the VO-}'ear, 24-hour even[ has stopped. Should a precipitation event or snowmelt occur, the permittez shall submit adequatz proof in order for an exemption to be claimed. Said proof shall be subnutted as an attachment to thz Discharge Monitoring Report (Di`1R) for the appropriate period. The Division shall deternune the adequacy of proof. .4.c part of this determination, the Division shall evaluate whether thz permitlee could havz controlled thz discharge in such a manner that primary limitations could hnez bzen met. All manual dewatering of the ponds shall mzet TSS and total iron limitations. 3. 1'nsl-nlinine Areas Commencing at thz time active mining has ceased and surface areas hart been rentrned to the required contour :dl applirnble discharges may bz eligihlz for limitations other than those specified in Parts LA.2. and LA.3. These post-mining limitations chill remain in zffect until bond r,:_::<,~. The pcrmiuez shall notity~ the Division upon cessation of nelivc mining so that consideration of appmpnaie pernn[ moditia+tions can be made. a. $alinily Pa r;unctcrc In order to obtain an indirrtion of Ihz qu:+ntity of Sahnih~ brine discharged front the site, the permitizz shrill monitor the w;uie~s';uzr eflhiznt for total dissolved solids at the follo~+'in~~ frequzncy: Oull'alls Frequency Smm~le Troc 001, 002, 003, OOJ, OOi, 006 Quarterly Grab i, Cmm~liunce Schedule - Salinih' Rc Thz pz[miurz sh:dl submit to the Division by Senfrmhrr 1. 1990, a report addressing tha economic feasibility of ni hieeing no salt in all discharges or, if that is not fz:+sib=. mmuni zing (he salt in all discharges from this Iaciliiy. The rrpmt sh:dl address thesz tw'o points: _.... .r ...,,.tic ~ ..~~~ ~ i.- ': .... .. .. , Sec fart LC. fur Definitions.