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P:1RT 1 Page 8 Permit vu CO !1000221 • .>.. TEI::VIS AND COtv`Di"nO:Y'S L Etllucnt Limitations (rnntinuerq Whnfe Effluent Toxicity -Chronic Lethality Limitation fur (lutfalls 004 and OOR Begttudng immediately and lasting through July 31, 2002, there shall be no s[ausncally significant difference in lethality (at the 9~ o confidence level) between the control and any effluent concentration less than or equal to the percentage effluent shown m the (ollowine table. Such limiiauon shall apply as a daily maximum. Outfall Jan-IVlar Apr-Jun Jul-Sep Oct-Dec 004 10.8 I2.3 17.3 7.8 008 11.3 9.3 15.0 6.8 2. Burden of Proof Requirements The permittee has the burden o(proo( when requesting relief from total suspended solids (TSS), total iron and/or settleable solids limitations. Relief shall be granted only when necessary and shall not be granted when the permittee has control over the discharge. The permittee should endeavor to meet the primary limitations whenever possible. The Division shall have final authority in de[erminirtg whether relief is granted. Discharges from all outfalls are eltgible for this exemption; however, the majority of the loading from any discharge has to consist of storm runoff for the relief to be available for any discharge. Outfalls 009 and Ol5 consist entirely of surface runoff, thus all discharges from these outfalls should be eligible. • a For rainfall, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within 48 hours after measurable precipitation has stopped. To waive se«leable solids limitations, it is necessary to prove that discharge occurred within 48 hours after precipitation greater than [he 10-year, 24-hour event has stopped. b. For snowmelt, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within 43 hours after pond inflow has stopped. To waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow volume greater than the l0-year, 24-hour event has stopped. Should a precipitation event or snowmelt occur, the permittee shall submit adequate proof in order for an exemption to be 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 permittee could have controlled the discharge in such a manner that primary limitations could have been met. All manual dewa[ering of ponds that are equipped with automatic dewatering systems must meet TSS and [oral iron limitations. IF a pond has oNy manual dewatering capability, relief is available only to the extent required to regain necessary stability and capacity. 3. Post-Mining Areas Commencing at the time active muting 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 chose specified to Parts I.A.I. Thesc post-mining Iimttations shall remain N effect until bond release. The permittee shall notify the Dtvision at the appropriate time so that consideration of permit modifications can be made. • See Part LC. For Definitions. Amendmem No. I Issued ~ll~ ~ g 1999 Effective SFP ll 1 1444