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COLORADO DEPARTMENT OF PUBLIC HEALTHAND ENVIRONMENT, Water Quality Control Division Rationale -Page 6, Permit No. CO-0036251 VI: TERMS AND CONDITIONS OF PERMIT A. Determination of Effluent Limitations 2. Discussion ofEffltrent Limitations (Continued) d. Antide¢radation: Since the receiving water is Use Protected, an antidegradation review is not required pursuant to section 31.8(2)(6) of The Basic Standards and MethodoloPies for Senface Water. e. Salinity RePtdations: !n compliance with the Colorado River Salinity Standards and the Colorado Discharge Perntit System Regulations. the permittee shall monitor for total dissolved solids on a quarterly basis. Samples shall be taken ar the effluent dischmge points. Salinity requirements are included in Part I, Section 8.2. ofthe permit. /` f. Whole Effluent Toxicity (WET) Testing: Cotter Corporation has demonsh'ated compliance with acute WET testing ! since its implementation in January 1994. The Division has reviewed the previous five year period of anrte WET ~ testing data for this permit from August 1997 through August 2002. The acute WET testing results for this permit have shown that little or no acute toxicity has occurred; and no toxicity faihrres have beery indicated. Therefore, 1\ WET testing has been eliminated as a requirement of this permit. However, the Division reserves the right to reopen the permit to include WET testing, should facility conditions change or ifnerv injonnatior: becomes available. 3. Stormwnter Requirements: Stonnwater from active or inactive metal mining operations [hat has been contaminated by contact with any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site ofsuch operations is required to be covered by a Colorado Discharge Perrorit System (CDPS) permit in order to be discharged to Waters of the State. This coverage may be obtained under either a CDPS Industrial Wastewater Discharge Permit or a CDPS Stormwnter Discharge Permit. For facilities that have individual CDPS permits for discharge ofprocess water, any applicable stonnwnter provisions are then included in individual CDPS permits. The individual permit for discharge ofprocess water far the JD-7 Mine and JD-9 Mine COPS permit (No. CO- 0036251) will contain stormwater provisions. Under the terms afthe combined individual permit (No. CO-0036251), the Cotter Corporation will be authorized to discharge stontwnter associated with indusurial activity into waters of the State of Colorado. The Perms and conditions ojthis permit, as related to stonnwnter discharges, include: a. Segregation ofStormwater Discharges: All discharges covered by the stonnwnter portion of this permit shall be composed entirely of stormwater (except as discussed a1 Part LD.2.d.ii) of the permit). stormwater which mixes with process water is subject to process water conn•ols. Discharges from sources other than stormwater must be addressed by the process water controls in this CDPS permit. b. Storntwater Management Plans (SWMPs): The purpose of n SWMP is to identify possible pollutant sources that may contaminate stormwater and to set out best management practices that, when implemented, will reduce or eliminate any possible water quality impacts. A SWMP must be maintained for the JD-7 and JD-9 mines in accordance with good engineering practices. The plan identifies potential sources of pollutrbn which may reasonably be expected ro affect the quality ofstorn3water discharges associated with industrial activity. In addition, the plan describes and ertstmes the implementation of practices which are to be used to reduce the pollutants in stonnwnter discharges associated with industrial activity at the facility, artd assures eompllance with the terms and conditions of this permit. The Cotter Corporation must implement the provisions of the SWMP as a condition ojthis permit Contents and requirements of the SWMP are discussed in the permit at Part I D.2.b. c Comprehensive Facility Inspections: The pern:irtee will be required to make a thorough inspection of their stonnwnter management system, at least twice per year (in the spring and fall). These inspections must be documented and summarized in the annual report. (See Part LD.2.f. of the permit) d. Annual Report' The permittee will be required ro submit an mtnual report, covering January 1 through December 31 ojeach year, on the overall compliance with the SWMP.