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h« <br />PART I <br />Page ldi of 19 <br />Permit No. CD-0032115 <br />A. TERMS AND CObIDTTI0N5 <br />2. Burden of Proof Requirements <br />Tne permittee has the burden of proof when seeking relief from total suspended solids (TSS}, total <br />iron and/or settleable solids (SS) limitations. All discharges are eligible for this relief <br />providing the exceedence of effluent limitations is the result of precipitation. For outfalls 001, <br />003, 006, 006, 010, 012 and 014, the total discharges IRl.t consist of surface runoff; thus as long <br />as this is true, this relief is available. For outfalls 002, 009, 013, 015, 016 and 017, either <br />surface nmoff or mine water (or both) may be discharged, for outfalls 001 and 005, either surface <br />nmoff or spoils spring water (or both) may be discharged, for outfall 011, either surface nmoff or <br />mine water or spoils spring wafer (or all three) may be discharged. For this relief to be a~•ailable <br />for these six outfalls, the majority of the discharge must be surface runoff. <br />Relief may be granted for each discharge occurrence only when necessary and shall not be granted <br />when the permittee has control over the discharge. The permittee should endeavor to meet the <br />primary limitations whenever possible. The permittee will need to show that exceedence of the <br />applicable limitations was caused by precipitation and no other source and that the discharge was <br />beyond their control. <br />a) For rainfall, to waive TSS and total iron limitations, it is necessary to prove that discharge <br />occurred within 48 hours after measurable precipitation has stopped. In addition, to waive <br />settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours <br />after precipitation greater than the 10-year, 24-hour event has stopped. <br />b) For snownielt. to waive TSS and total iron limitations, it is necessary to prove that discharge <br />occurred within 48 hours after pond inflow has stopped. In addition, to waive settleable solids <br />limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow <br />volwne greater than the 10-year, 24-hour event has stopped. <br />Should a precipitation event or snowmelt occur, the permittee shall submit adequate proof in order <br />for an exemption to be claimed. Said proof shall be submitted as an attachment to the Discharge <br />Monitoring Report (DMR) for the appropriate period. The Division shall determine the adequacy of <br />proof. As part of this determination, the Division shall evaluate whether the permittee could have <br />controlled the discharge in such a mariner that primary linti[ations could have been met. All mzmt~al <br />dewatering of the ponds shall meet TSS and total iron limitations. <br />3. Post-Minim Areas <br />Commencing at the time active mining has ceased and surface areas have been returned to die required <br />contour and revegetation has begun, all applicable discharges may be eligible for limitations other <br />than those specified in Parts I.A.1. These post-mining limitations shall remain in effect until <br />bond release. The permittee shall notify the Division ton cessation of active mining so that <br />consideration of appropriate permit modifications can be made. <br /> <br />Amendment 4 Issued Effective <br />See Part I.C. for Definitions. <br />