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PARTI Page No. 5 Petmit No.: CO-0000132 2. Alternate Limitation Burden of Proof Requirements The permittee has the burden of proof when seeking relief from total suspended solids (TSS), total iron and/or settleable solids (SS) limitations, as applicable. All outfalls except outfa11015 and 018 aze eligible for relief from TSS, total iron and SS, as applicable; however, the majority of the loading from any discharge has to consist of storm nmoff for the relief to be available. Relief may be granted for each dischazge occurrence only when necessary and shall not be granted when the permittee has control over the dischazge. The permittee should endeavor to meet the primary limitations whenever possible. a. For active outfalls: For rainfall, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours after measurable precipigtion has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that discharge occmred within 48 hours after precipitation greater than the 10-yeaz, 24-hour event has stopped. For snowmelt, to waive TSS and total 'von limitations, it is necessary to prove that dischazge occurred within 48 hours after pond inflow has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that dischazge occurred within 48 hours after pond inflow volume greater than the 10-yeaz, 24hour event has stopped. b. For Host-minine outfalls: For rainfall, to waive settleable solids limitations, it is necessary to prove that dischazge occurred within 48 hours after measurable precipitation has stopped. For snowmelt, to waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow 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 tray be appropriate in malang this demonstration. Said proof shall be submitted as an attachment to the Dischazge Monitoring Report (DMR) for the appropriate period. The Division shall determine the adequacy of proof. As part of this determination, the Division shall evaluate whether the permittee could have controlled the discharge in such a manner that primazy limitations could have been met. All manual dewatering of ponds that are equipped with automatic dewatering systems must meet TSS and total iron limitations. If a pond has only manual dewateting capabihty, relief is available only to the extent required to regain necessary stability and capacity. 3. Post-Mining Areas In conformance with 40 CFR 434.50, cottmrencing at the time active mining has ceased and all surface areas served by a sedimentation pond have been returned to the required contour and revegetation has commenced, applicable dischazges tray be eligible for post-mining limitations. In most cases, these post-mining limitations shall remain in effect until bond release. The permittee shall notify the Divisionat the appropriate time so that consideration of permit modifications can be made. Prior to notification and subsequent permit modification, active mining limitations will apply regazdless of actual thine status. 4. Compliance Schedules a. Twelve Time Analysis - Outfall 015: The petmittee shall complete a twelve tune analysis as descnbed in Part I.B.3. Twelve consecutive monthly grab samples shall be collected at outta11015 and analyzed with all results being submitted at the end of the sampling period. A summary report in the form of a letter shall be submitted to the Permits Unit by September 30, 2005. The pemtittee may attach the laboratory results if they choose. This report shall include all sample results collected over the twelve month period. If sampling is incomplete, this shall be noted in the report. If sampling has not yet been completed by this date, this twelve time analysis requirement shall continue until twelve samples have been collected and analyzed and the results submitted to the Permits Unit. a. Acute WET Testing - Outfa11015 a. Testing and Reporting Requirements Tests shall be done at the frequency listed in Part I.B.1. Test results shall be reported along with the Dischazge Monitoring Report (DMR) submitted for the reporting period during which the sample was taken. (i.e., WET testing results for the first calendaz quarter ending March 31 shall be reported with the DMR due Apri128.) The results shall be submitted on the Acute Toxicity Test report form, available from the Division. Copies of these reports aze to be submitted to both the Division and EPA along with the DMR. The permittee shall conduct an acute 96-hour WET test using fathead minnows only. Acute tests will be replacement static tests of a single effluent grab sample. The pemvttee shall conduct each acute WET test in general accordance with Revised 03/22/04