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PARTI Permit No. CO-0032638 Page No. 10 A. DEFINTITION OF EFFLUENT LIMITATIONS 5. Burden of Proof Requirements The perminee has the burden of proof when seeking relief from settleable solids (SS) limitations, as applicable. Settleable solids are primary limitations for outfalls 001, 004, and 007. Outfall 001 is eligible for relief; and outfalls 004 and 007 may be eligible, providing the exceedence is caused by precipitation. a) For rainfall. 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. b) For snowmelt, to waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after pond inFlow volume greater than the ]0-year, 24-hour event has stopped. To claim an exemption in [he event of a precipitation event or snowmelt, the perminee shall submit adequate proof as an attachment to the Discharge Monitoring Report (DMR) for the appropriate period. The perminee should endeavor to meet the primary limitations whenever possible. Relief may be granted for each discharge occurrence only when necessary and shall not be granted when the perminee has control over the discharge. The perminee will need to show that exceedence of the applicable limitations was caused by precipitation and no other source and that the discharge was beyond their control. The Division shall determine the adequacy of proof. As part of this determination, the Division shall evaluate whether the perminee could have controlled the discharge in such a manner that primary limitations could have been me[. The perminee needs to demonstrate that surface runoff caused the exceedence of primary limitations. Additionally, the perminee shall cenify that the pond system was properly designed, operated and maintained prior to and during the discharge. Manual dewatering of ponds that have no automatic dewatering devices must occur within 48 hours after event end as described in the above paragraphs to be eligible. All manual dewatering that occurs after 48 hours shall meet settleable solids limitations as applicable. 4. Post-Minine Areas Commencing at the time active mining has ceased and surface areas have been returned to the required contour all applicable discharges may be eligible for limitations other than those specified in Part I.A.I. These post-mining limitations shall remain in effect until bond release. The perminee shall notify [he Division upon cessation of active mining so that consideration of appropriate permit modifications can be made. B. MONITORING REQUIREMENTS 1. Freguency and Sample Tvae In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part I.A.1, the perminee shall monitor all effluent parameters at the following frequencies. Such monitoring will begin immediately and last for the life of the permit unless otherwise noted. The results of such monitoring shall be reported on the Discharge Monitoring Report form (See Part I.E.). Also see Pact I.B.2. a. Outfal 1001 Parameter Monitoring Frequency Sample Type Flow, MGD Weekly Instantaneous or Continuous Settleable Solids, mf/2 Monthly Grab Oil and Grease, mg/2 Weekly Visual pH, s.u. (Minimum-Maximum) Weekly In-Situ See Part I.C. for Definitions.