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• PART I Page 6 Permit No B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Effluent Limitations (continued) d) Burden of Proof Requirement The permittee has the burden of proof total suspended solids (TSS), total i limitations. Relief shall be granted not be granted when the permittee has The permittee should endeavor [o meet whenever possible. COG-850000 when requesting relief from -on and/or settleable solids only when necessary and shall control over the discharge. the primary limitations 1) For rainfall. [o waive TSS and total iron limitations, it is necessary [o 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 the 10-year, 24-hour event has stopped. 2) For snowmelt. co waive TSS and total iron ].imitations, is is • necessary to prove that discharge occurred within 48 hours after pond inflow has stopped. In addition, to waive settleable solids limitations, it is necessary co prove that discharge occurred within 48 hcurs 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 de[ermiration, Che Division shall evaluate whether the permittee could have controlled the discharge in such a manner that primary limitations could have been met. All manual dewaCering must meet TSS and to cal iron limitations. 2. Stormwater Management Plan The permittee shall prepare and submit two copies of a Stormwater Management Plan (SWMP) to the Water Quality Control Division. The plan shall be submitted within six months from the date chat certification under this permit was eran[ed to the facility. An additional copy of the plan shall be submitted to Cclorado Department of Natural Resources Mined Land Reclamation Division - Coal Mining Section 423 Centennial Building 1313 Sherman Street - Denver, CO 80203 . The Division will review and approve each plan. Upon approval, the plan shall be incorporated into the permittee's certification by reference. Failure to implement the approved plan as described shall be a violation of the permit. The plan shall remain in effect as long as the Facility is regulated by a CDPS permit.