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COLORADO DEPARTit1£M OF PUBLIC HEALTH AND ENVIRONMEM, Water Quality Control Division <br />Rationale -Page 17, Permit No. CO-0045161 <br />The Burden of Proof section of the permit, Pan I.A.2. has been modified. This has been done to remove wording that <br />was specifically included to respond to the permittee's prior pond configurarion. The language is now essentially the <br />same as for other coal mining permittees. But, some "customization"hos been necessary.for this permit because of the <br />internal outfalls. Elaboration to the section has beers added for all permittees to help them understand what son of <br />demonstrations the Division seeks when permittees request relief from primary limitations. This newest Burden of Proof <br />language is being included in all current CDPS coal mining permits. <br />Section V. of this rationale has been revised to reflect the most recent effluent monitoring results. The first draft <br />reflected older data. Since a period of almost one and one-half years has elapsed since the first draft, it is pertinent to <br />address more recent data. The accompanying Compliance With Terms and Conditions of Previous Permit section <br />describes permit esceedences and Division responses during this more recent period. <br />Some of the permittee's comments related to the intermittent nature of discharges from this facility and the permit <br />conditions that they did not feel were appropriately worded or inadequately worded to reflect this situation. The <br />permittee stated there were no descriptions in the Definitions sectiors, Part 1. C. of the permit, for weekly and monthly <br />sampling. These have been added. Also, since the permit now contains [imitations for total recoverable iron, the <br />Division added a definition of "[oral recoverable metals ". One permittee comment concerned whole efjluenr toxicity <br />(WET) testing. The language that dealt with required actions once a test was failed was worded for continuous <br />discharges. Since WET testing is no longer a requirement under this permit, these comments are not applicable. <br />As a result of these changes, this permit will be submitted to a second public notice <br />Jon C. Kubic <br />January 13, 1999 <br />