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PART I Page 6 Permit No. COG-850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Effluent Limitations (continued) d) Burden of Proof Requirement The permittee has the burden of proof when requesting relief from total suspended solids (TSS), total iron and/or settleable solids limitations. Relief shall be granted only when necessary and shall not be granted when the permittee has control over the discharge. The permittee should endeavor to meet the primary limitations whenever possible. 1) For rainfall. to waive TSS and total iron limitations, it is necessary co prove that discharge occurred within 48 hours after measurable precipitation has stopped. In addition, co 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. 2) Far snowmelt. to waive TSS and total iron ].imitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow has stopped. In addition, to waive settleable solids limitations, it is necessary co prove that discharge occurred within 48 hcurs after pond inflow volume greater than the IO-year, 24-hour event has stopped. The Division shall determine the adequacy of proof. As part of this decermiration, the Division shall evaluate whether the permittee could have controlled the discharge in such a manner that primary limitations could have been met. A11 manual dewatering must meet TSS and total iron limitations. 2. Stormwater Management Plan The permittee shall prepare and submit two copies of a Stormwater Management Plan (SWMP) to the Water Quality Control Division. The plan shall be submitted within six months from the date that certification under this permit was granted to the facility. An additional copy of the plan shall be submitted to: Colorado Department of Natural Resources Mined Land Reclamation Division - Coal Mining Section 423 Centennial Building 1313 Sherman Street Denver, CO 80203 The Division will review and approve each plan. Upon approval, the plan shall be incorporated into the permictee's certification 6~r reference. Failure to implement the approved plan as described shall be a violation of the permit. The plan shall remain in effect as long as the facility is regulated by a CDPS permit.