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PART 1 <br />Page 8 <br />- Permit vu. CO OU0022 t <br />• A. TEILMS AND CONDITIONS <br />1. F.fllucnt Limitations (continued) <br />Whole Effluent Toxicity -Chronic Lethality Limitation fur Outfalls 004 and 008 <br />Beginning immediately and lasime through July 31, 2002, there shall be no statistically significant difference in <br />lethality (at the 9J% confidence level) between the control and any effluent concentration less than or equal to the <br />percentage effluent shown in the following table. Such Itmitation shall apply as a daily maximum. <br />Outfall Jan-filar Apr-Jun Jul-Sep Oct-Dec <br />004 I0.8 I2.3 17.3 7.8 <br />008 11.3 9.3 15.0 6.8 <br />2. Burden of Proof Requirements <br />The permittee has the burden o(proof when requesting relief from total suspended solids (TSS), total iron and/or settleable <br />solids limitations. Relief shall be granted only when necessary and shall not be granted when the permittee has control <br />over the discharge. The permittee should endeavor to meet the primary limitations whenever possible. The Division shall <br />have final authority in determining whether relief is granted. Discharges from all ou[falls are eligible for this exemption; <br />however, the majority of the loading Crom any discharge has to consist of storm runoff for the relief to be available For any <br />discharge. Outfalls 009 and 015 consist entirely of surface runoff, thus all dischazges from these outfalls should be eligible. <br />• a For rainfall, to waive TSS and [oral iron limitations, it is necessary to demonstrate that discharge occurred within 48 <br />hours after measurable precipitation has stopped. To waive settleable solids limitations, it is necessary to prove that <br />discharge occurred within 48 hours after precipitation greater than the 10-year, 24-hour event has stopped. <br />b. For snowmelt, to waive TSS and total iron limitations, it is necessary [o demonstrate that discharge occurred within <br />48 hours after pond inlow has stopped. To waive settleable solids limitations, it is necessary to prove that discharge <br />occurred within 48 hours alter pond inflow volume greater than the 10-year, 24-hour event has stopped. <br />Should a precipitation event or snowmelt occur, the permittee shall submit adequate proo(in order for an exemption to be <br />claimed. Weather station data may be appropriate in ma};ing this demonstration. Said proof shall be submitted as an <br />attachment to the Discharge Monitoring Report (DMR) for the appropriate period. The Division shall determine the <br />adequacy of proof. As pan of this determination, the Division shall evaluate whether the permittee could have controlled <br />the discharge in such a manner that primary limitations could have been met. All manual dewatermg of ponds that are <br />equipped with automatic dewatermg systems must meet TSS and total iron limitations. If a pond has only manual <br />dewatermg capability, relief is available only to the extent required to regain necessary stability and capacity. <br />3. Post-Mininv Areas <br />Commencing at the time active mining has ceased and surface areas have been returned to the required contour and <br />revegetation has begun, applicable discharges may be eligible For )initiations other than chose specified in Parts LA.1. <br />These post-mining limitations shall remain in effect until bond release. The permittee shall notify the Division at the <br />appropnate time so that eonstderation a( permu modifications can be made. <br />• See Part LC. for DePinilions. Amendment No. I Issued JUG 2 X1999 Effective SFP 11 1 1444 <br />