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PART I <br />Page 8 <br />Permit No. CO-0000221 <br />A. TERMS AND CONDITIONS <br />1. Effluent Limitations (continued) <br />f. R'hole Effluent Toxicih• -Chronic Lethality Limitation for Outfalls 004 and 008 <br />Beginning immediately and lasting through July 31, 2002, there shall be no statistically significant difference in <br />lethality (at the 95% confidence level) between the control and any effluent concentration less than or equal to the <br />percentage effuem shown in the following table. Such limitation shall apply as a daily maximum. <br />Ou[tall Jan-Mar Apr~Tun Jul-Sep Oct-Dec <br />004 10.8 12.3 17.3 7.8 <br />008 11.3 9.3 15.0 6.8 <br />2. Burden of PtnoF Reauiremenu <br />The permittee has the burden of proof when requesting relief from total suspended solids (TSS), total iron and/or <br />settleable solids limitations. Relief shall be granted only when necessary and shall not be granted when the permittee has <br />control over the discharge. The permittee should endeavor to meet the primary limitations whenever possible. The <br />Division shall have final authority in determining whether relief is gran[ed. Discharges from all outfalls azc eligible for <br />this exemption; however, the majority of the loading from any discharge has [o consist of storm runoff for die relief to <br />be available for any discharge. Outfall 009 consists entirely of surface runoff, thus all discharges from this outfall <br />should be eligible <br />a For rainfall, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within 46 <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, [o waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within <br />48 hoots after pond inflow has stopped. To waive settleable solids limitations, it is necessary to prove that <br />discharge occurred within 48 hours after pond inflow volume erecter than the ]0-year, 24-hour event has stopped. <br />Should a precipitation event or snowmelt occur, the pertnittee shall submit adequate proof in order for an exemption to <br />be claimed. Wea[her station data may be appropriate in making this demonstration. Said proof shall be submitted as an <br />at[achment [o the Discharge Monitoring Repon (DMR) for the appropriate period. The Division shall determine the <br />adequacy of proof. As pan of this determination, the Division shal] evaluate whether the petinittee could have <br />controlled die discharge in such a manner that primary limitations could have been met. All manual dewatering of ponds <br />that are equipped with automatic dewatering systems must meet TSS and total iron limita[ions. If a pond has only <br />manual dewatering capability, relief is available only [o die extent required to regain necessary stabili[y and capacity. <br />3. Post-Minine Areas <br />Commencing at [he time ac[ive mining has ceased and surface areas have been remmed to the required contour and <br />revegeta[ion has begun, applicable discharges may be eligible for limitations other than those specified in Parts I.A.1. <br />These post-mining ]imitations shall remain in effect until bond release. The permi[tee shall notify the Division at the <br />appropriate time so that consideration of permit modifications can be made. <br />See Part I.C. for Definitions. <br />I17DBP 419793 <br />