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PARTz Page No. 5 Permit Na. CO-0044776 DEFINITION OF EFFLUENT LIIbIITATIONS 2. Burden of Proof ReQyirements The permittee has the burden of proof when requesting.relief from total suspended solids (TSS), total iron and/or settleable solids limitations, as appropriate. The permittee should endeavor to meet the primary limitations whenever possible. Relief is not available for mine drainage alone, not when the majority of a dischazge consists of mine drainage. For rainfall, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within 48 hours after measurable precipitation has stopped. To waive settleable solids limitations, it is necessary to prove that dischazge occurred within 48 hours after precipitation greater than the l0-year, 24-hour event has stopped. For snowmelt, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occurred within 48 hours after pond inflow has stopped. To waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow volttme greater than the 10-year, 24-hour event has stopped. Should a precipitation event or snowmelt occur, the permittee shall submit adequate proof in order for an exemption to be claimed. Weather station data should be submitted where appropriate. Documentation that the treatment facilities were properly operated and maintained prior to and during the storm event must be submitted with any request for relief. Additionally for outfall 002 Lh_e p~rmittee must demonstrate mat the majgriry of Le discharge for which the exemption is claimed consists of surface runoff. Said proof shall be submitted as an attachment to the Discharge Monitoring Report (DMR) for the appropriate period. The Division shall determine the adequacy of proof. As part of this determination, the Division shall evaluate whether the permittee could have controlled the ® discharge in such a manner that primary limitations could have been met, whether proper sediment storage levels were maintained and the ponds had sufficient water and sediment capacity for the storm event plus other relevant factors. All manual pond dewateriag must meet TSS and total 'iron limitations unless previous approval has been granted for ponds that have BQ other method of dewateting. For ponds with automatic dewateting structures, only discharges through these structtres are eligible for the ezempdon. 3. Post-Mining r ac In conformance with 40 CFR 434.50, commencing at the time active mining has ceased and all surface areas served by a sedimentation pond have been returned to the required contour and revegetadon has commenced, applicable discharges may be eligible for limitations other than those specified in Part I.A.1. In most cases, these post-mining limitations shall remain in effect until bond release. The permittee shall notify the Division at the appropriate time so that consideration of permit modifications can be made. Prior to notification and subsequent permit modification, active mining limitations will apply regardless of actual mine stains. 4. Whole Effluent To~ticity Testing Regtirementc !Acute) - OutfaL 002 a. Testing and Reporting Reouirements WET testing shall be required whenever the dischage contains any flow from mine drainage and/or spoils spring sources. WET testing is not required when a discharge consists entirely of surface runoff. If discharge from outfall 002 contains mine drainage at anv time during the appropriate monitoring frequency period, WET testing is required during that period. Tests shall be done at the frequency listed in Pan I.B. 1. Test results shall be reported along with the Dischazge Mottitoting Report (DMR) submitted for the reporting period during which the sample was taken. (i.e., WET testing results for the fast calendar quaver ending March 3l shall be reported with the DMR due April 28.) The results shall be submitted on [he Acute Toziciry Test repott form, available • from the Division. Copies of these reports are to be submitted to bath dte Division and EPA along with the DMR.