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PART I Page 6 Permit No. CO-0038776 A. TERMS AND CONDTTIONS 2. Burden of Proof Requirements The pertnittee has the burden of proof when seeking relief from total suspended solids (fSS), total iron tmd/or settleahle solids (SS) limitations. Discharges from outfalls 007, 011 and 012 are not eligible for this exemption. Outfalls 002 and 004 are eligible for relief from TSS, total iron and SS; however, the majority of the loading from any discharge has to consist of storm runoff for the relief to be available. The parmittee will need to show that exceedence of the applicable limitations was caused by precipitation and not mine water, through a comparison of the loading from each source. The remaining permitted outfalls (005, 006, 008 and 009) are eligible for relief from TSS, T. Iron and SS at sll times since only surface runoff discharges ore authorized from these outfalls. Relief may be granted for each discharge occurtence only when necessary and shall not be granted when the parmittee has control over the discharge. The parmittee should endeavor to meet the printery limitations whenever possible. 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 occurted within 48 hours after precipitation greater than the ]0-year, 24-hour event hats 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 occurted within 48 hours after pond inflow volume greater than the 10-year, 24-hour event has stopped. Should a precipitation event or snow melt occur, the parmittee shall submit adequate proof in order for an exemption ul he claimed. Weather station data may be appropriate in making this demonstration. 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 parmittee could have controlled the discharge in such a manner that primary limitations could have been met. All manual dewalering of the ponds shall meet TSS and total iron limitations. 3. Post-Minims Areas Commencing at the time active mininng has ceased and surface areas have been returned to the required contour and revegetation has begun, applicable discharges may be eligible for limitations other than those specified in Parts I.A.I. These post-mining limitations shall remain in effect until bond release. The parmittee shall notify the Division at the appropriate time so that consideration of permit modifications can be made. 4. Salinitv Parameters In order to obtain an indication of the quantity of Salinity being discharged from the site, the permittae shall monitor the wastewater effluent at the following frequencies: Outf'alls Freauencv Sample Tyke 002, 004, 005, 006, 008, 009, Ol I and 012 Quarterly Grab Szlf-monitoring samples taken in compliance with the monitoring requires specified above shall be taken at those locations listed in Part 1.B.1. Total Dissolved Solids shall he sampled on a quarterly basis. The permittae is required to submit a report addressing salt removal in accordance with the Re~eulations For lmolementation of the Colorado River Salinitv Standards Throueh the NPDES Permit Program, 3.10.0 (see Part 1.A.5.). 5. Compliance Schedule -Salinitv Reiff The parmittee shall submit to the Division by December 1, 1995, a report addressing the economic feasibility of achieving no salt in all discharges or, if that is not feasible, minimizing the salt in all discharges from this facility. The report shall address these two points: The cost of modifying all existing treatment facilities to provide for no salt discharge; The cost of salt minimization from all treatment facilities (to achieve combined discharge equal to or lest than one ton of Total Dissolved Solids pal- day). Sec Part 1.C. For Definitions. INltltl' 0/Y/91