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PART I Page No. 7 Permit No. CO-OOOOl3? . A. DEFINITION OF EFFLUENT LL~DTAT70N5 ?. Acute VET Tes[ine - Outfall Ol l (continued) (f) Spontaneous Disappearance I(to.nicity spontaneously disappears at any time after a test failure, the permntee shall notify the Division m writine within t9 days of a demonstration of disappearance of the toxicity. The Division may require the permntee [o develop and submit additional information which may include, but is not limited to, the results of additional testing. If no panern of toxiciry is identified or recurring toxicity is not identified, the tonicity incident response a considered closed and normal WET testing shall resume. (g) Toxicity Reooener This permit may be reopened and modified (following proper administrative procedures) to include new compliance dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change in the whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the following events occur: (i) Toxiciry has been demonstrated in the effluent and the permit does not contain a toxiciry limitation. (ii) The PTI/TiE results indicate that the tozican[ (s) represent pollutant(s) that may be controlled with specific numerical limits, and the Division agrees that the numerical controls are the most appropriate course of action. (iii) The PTI/TIE reveals other unique conditions or characteristics which, in the opinion of the Division, justify the • incorporation of unanticipated special conditions in the permit. 3. Burden of Proof Requirements The permntee has the burden of proof when seeking relief from total suspended solids (TSS), total iron andlor settle able solids (SS) limitations. Relief may be granted for each discharge occurrence only when necessary and shall no[ be granted when the permntee has control aver the discharge. The permntee should endeavor to meet the primary limitations whenever possible. The permntee will need to show that exceedence of the applicable limitations was caused by precipitation and na other source and that the discharge was beyond their control. All manual dewatering of the ponds shall meet TSS and total iron limitations. Outfalls Ol ! and OIS are not eligible for this relief. a) For rainfall, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours after measurable precipitation has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after precipitation greater than the l0-year, 24-hour event has stopped. b) For snowmelt, to waive TSS and total iron limitations, 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 [o prove that discharge occurred within 48 hours after pond inlow volume greater than the IO-year, 24-hour event has stopped. Should a precipitation event or snowmelt occur, the permiuee shall submit adequate prooF in order for an exemption to be claimed. 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 permntee could have controlled the discharge in such a matmer that primary limttations could have been met. See Part LC. for Definitions. }r13~;- ~ .,.~ _,,_, n ~ ,tnnn Amendment No. 5 Issued ~ i~ •~ j v L~~ EFfecuve