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• PART• <br />Page I It of 14 <br />Penttit No. CO-0027154 <br />A. TERMS AND CONDITIONS <br />2. Barden of Proof Reauirententc <br />The pemtittee has the burden o(proo(when rcquestmg relic( from total suslxnded solids (TSS), total iron and/or settleable <br />solids (SS) lunitations. Out(alls 002 - 008 are eligible for relief front TSS, iron Ancl SS. Out(all 009 is eligible for relief from <br />SS only. Otttfalls 001 and 020 are not eligiltle for this relic(. Relief shall he granted only when necessary Anrl shall not be <br />graNe<I when the pennittee has control aver the discharge. The perntittee should endeavor to meet the prunary lirrutations <br />whenever possible. Fnr the continuous discharges that are eligible for this relief footfalls 005 and 007), the petntittee wit] need <br />to show That exceeAlence o(the apphcahle limitations was caused by precipitation and not the continuous wastewater sources <br />(mine wafer and/or spoils sprutg water). <br />a) Fnr rainfall. to waive TSS and total imn limitations, it is necessary to prove that discharge occurred within 48 hours aker <br />measurable procipitation has stnppe<I. In addition, to waive settleable solids linutations, it is necessary to prove that <br />discharge occurred within 48 hours after precipitation eroater than the 10-year, 24-hour even has stoplxxl. <br />b) Fnr snnwntelt. to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours <br />Aber Iwnd inflow has stoplxxl. In addiurnt, to waive settleable solids lunitations, it is necessary to prove that discharge <br />occurred within 48 hrntrs otter pond inflow volume eroater than the 10-year, 24-hrnv event has stopped. <br />The Division shall determine the adeyuNey n( proof. As pan n(this detemtination, the Division shall evaluate whether the <br />pemtiuee could have conrolled the Jischaree in such A manner thAt primary linritatioas could have been met. All manual <br />dewaterine shall meet TSS And total iron limitations. <br />Shmdd a precipitation event or snowmelt occur, the pemtittee shall submit Adequate proof in order for an exemption to be <br />clauned. SAid proof shall be 511hn11mefl AS NO NIINCI1imCA1 IO IhC Discharge Mrntitorinc Report (DMR) for the Appropriate <br />period. <br />3. Post-Minim Areas <br />Commencing at the time active mining has ceasul and surface areas have been rehtmed to the required contour all applicable <br />discharges may 6e elieihle titr limitations other than those specified in PARS LA.2. and LA.3. These pnsbntining lututatiotts <br />shall remain in effect until bond release. The Itemtittee shall notify the Division ulwn cessation of active muting so that <br />consideration ofappropriate I>rtntit mrxliticatinns can Ix nwde. <br />See Part 1.D. for Footnotes <br />Cortecte<I 03/ I S /93 <br />' Amendment No. 4 Issued AUG 16 1996 dive OCT 1 1996 <br />/uuendntem No. 5 lssttexl and Effective t <br />