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COLORADO DEPARTMENT OF HEALTH, Water Quality Castro! Division Rnrionale -Page 10. Permit No. CO-0038024 4J General Information: The permittee should read the WET testing sections of Part I.A. and I.B. of the permit carefully. The permit outlines the test requirements and the required follow-up actions the permittee must take to resolve a toziciry incident. The pernuttee should read, along with the documents listed in Part I.B of the permit, the Colorado Water Oualirv Control Division Biomonitorine Guidance Document. dated July 1, 1993. This document outlines the criteria used by the Division in such areas as granting relief from WET testing, modhing test methods and changing test species. 7ht permittee should be aruve that some of the conditions outlined above may be subject to change if the facility aperiences a change in discharge, as outlined in Pan /LA.1 of the permit. Such changes shall be reported ro the Division immediately. Because the Division dots not expect taxiciry in coal mining surface runoff, WET testing is nor a requirement jot outfalls 001, 002, 003, 005, 006, 007, 008, 009, 025 and 028 in this permit However, the Division reserves the right to reopen the permit to include WET testing, should facility conditions change or if new information becomes available. 3. Storntwnter: Active and inactive coal mining operations where stormKnter comer into contact with overburden, raw material, intermediate products, byproducts, fmished products or waste products located at the mining site are included in category (riiJ of the federal starmwater regulations. Such facilities are required to have applied for a permit to discharge stormwnter associated with mining activity on or before October 1, 1992. The Division has not received a Colorado stormNnter discharge permit application for the Deserado Minc. The parrtittee has applied to EPA for a srormxnter permit as pan of the group stormxnrer application for this type of facility (group number 166, facility number 554). Stortnwater permiuing issues for this facility will thus be handled separately by the Division's Starmwater Unit, akhough thrs permit may be reopened at a later date to incorporate stormwnter provisions, ijdeemed appropriate. 4. Economic Reasonableness Evaluation: Section 25-8-503(8) of the revised (June 1985! Colorado Water Ouality Control Act required the Division to "determine whether or not any or all of the water quality standard based ej/luent limitations are reasonably related to the economic, mvironntcntal, public health and energy impacts to the public and affected persons, and are in furtherance of the policies set forth in sections 25-8-192 and 25-8-l04. " The Regulations for the State Discharge Permit System, 6.1.0, further define this requirement under 6.12.0 and stare: "Where economic, environmemal, Public health and energy impacts to the public and affected persons have been considered in the class~ations and standards setting process, permits written to meet the standards may be presumed to have taken into consideration economic factors unless: a) A new permit is issued where the discharge was not in esistenee at the time of the class~ation and standards rulemaking, or bJ In the case of a continuing discharge, additional information or factors have emerged that were nor amicipated or consrdered at the time of the class fication and standards rulemaldng. " The evaluation for this permit shows that du Water Quality Control Commission, during their proceedings to adopt the Qass fkarion and Numeric Standards for the Upper Colorado River Basin, considered economic reasonableness. Furthermore, this is not a new discharger and no new information has been presented regarding the classifications and standards. Therefore, the inter quality standard-based ejfluem limitations of this permit are determined to be reasonably related to the economic, environmental, public health and energy impacu to the public and affected persons and are in furtherance of the policies set forth in Sections IS-8-102 and 104. If the perminee disagrees with this finding, pursuant to 6.12.0(2)(6) the permittee should submit all pertinent information to the Division during the public notice period. B. Monitoring Effluent Monitorine: Effluent monitoring will be required as shown in Tables VI1f and V/-5. Refer to the permit for locations of monitoring points.