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`~:.~tT I Page lh of 14 Permit No. CO-0027154 A. TERMS AND CONDITIONS 2. Burden of Proof Requirements The permittee has the burden of proof when requesting relief from total suspended solids (TSS), total iron and/or settleable solids (SS) limitations. Oucfalls 002 - 008 are eligible for relief from TSS, iron and SS. Outfalls 009, 010, 016 and 017 are eligible for relief from SS only. Outfall 001 is not eligible for this relief. 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. For the continuous discharges (cutfalls 001, 005 and 007), the permittee will need to show that exceedence of the applicable limitations was caused by precipitation and not the continuous wastewater sources (mine water and/or spoils spring water). 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 occurred within 48 hours after precipitation greater than Che 10-year, 24-hour event has stopped. b) For snowmelt, to waive TSS and total iron limitations, i[ Ls necessary to prove that discharge occurred within 48 hours after pond inflow has stopped. In addition, co waive settleable solids limitations, it is necessary to prove chat discharge occurred within 48 hours after pond inflow volume greater than the 10-year, 24-hour event has stopped. 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. primary limitations could have been met. AL1 manual dewatering shall meet TSS and total iron limitations. Should a precipitation event or snowmelt occur, Che permittee shall submiC adequate proof in order for an exemption to be claimed. Said proof shall be submitted as an attachment to the Discharge Monitoring Report (DMR) for the appropriate period. 3. Post-Minin¢ Areas Commencing at the time active mining has ceased and surface areas have been returned to the required contour all applicable discharges may be eligible for limitations other than those specified in Parts I.A.2. and I.A.3. These post-mining limitations shall remain in effect until bond release. The permittee shall notify the Division upon cessation of active mining so that consideration of appropriate permit modifications can be made. See Part I.D. for Footnotes Corrected 03/15/93