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PART I Page No 3 Permit No. CO-OG0013'_ • A. DEFINITION OF EFFLUENT LLti[ITATIONS J. Post-iVtinin~ 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 Pan I A.I. These post-mining limuations shall remain in effect until bond release. The permutee shall notify [he Division upon ce<sanon of active mining so that consideration of appropriate permit modi(icanons can be made. 5. Whole Effluent Toxicity Testine Requirements (Chronic) - Outfall Oli (a) Testine and Reporting Reouirements Tests shall be done at the freauencv listed in Part I.B.1.(c) Test results shall be reported on the Discharge Monttoring Report (DMR) submitted for the reporting period during which the sample was taken. ii.e., WET testing results for [he first calendar quarter ending March 3 t shall be reported with the DMR due April 28.) The results shall be submitted on the Chrontc Toxicity Test report form, available from the Division. Copies of these reports are to be submitted to both the Division and EPA along with the DMR. The permutee shall conduct each chronic WET test in general accordance with methods described Short Term Methods for Estimating the Chronic Tozicity of Effluents and Receiving Waters to Freshwater Organisms, EPA/600/4-89/001 or the most current edition, except as modified by the most current Division guidance document entitled Guidelines for Conducting Whole Effluent Toxicity Tests. The permutee shall conduct such tests using fathead minnows. • (b) Failure of Test and Division Notification A chronic WET test is failed whenever 1) there is a statistically significant difference in lethality between the control and any effluent concentration less than or equal to the instream waste concentration ("IWC") and, 2) the IC,,, which represents an estimate of the effluent concentration at which 25% of the test organisms demonstrate inhibition as reflected by lethality, is at any effluent concentration less than or equal to [he [WC. The [WC for this permit has been determined to be 100%. The permutee must provide written notification of the failure of a WET test to the Division, along with a statement as to whether a Preliminary Toxicity Investigation ("PTI")/Toziciry Identification Evaluation ("TIE") or accelerated testing is being performed (see Part I.B.S.(c)). Notification must be received by the Division within 2l calendar days of the demonstration of chronic WET in the routine required test. "Demonstration" for the purposes of Parts I.A.S.(b), (c), and (e). means no later than the last day of the laboratory test. (c) Automatic Compliance Schedule Uoon Failure of Tes[ If a routine chronic WET test is failed, even though monitoring only is required, the following automatic compliance schedule shall apply. As par[ of this the permutee shall either: i. proceed to conduct the PTI/TIE investigation as described in Part I.A.S.(d), or ii. conduct accelerated testing using the single species found to be more sensitive. If accelerated testing is being performed, the permit[ee shall provide svri[[en notification of the results within I4 calendar days of completion of the "Pattern of Toxicity"/"No Toxicity" demonstration. Testing will be at least once every two weeks for up to five tests until; I) nvo consecutive tests Fail or three of five tests fail, in which case a pattern of toxicity has been demonstrated or ?) two consecutive tests pass or three of flue tests pass, in which case no pattern of toxicity has been found. See Part I.C. for Definitions. Amendment No. l Issued APRIL 17 1997 Effective JUN 11997 Amendment No. 2 Issued DEC 28 1998 Effective FEB l 1999 Amendment No. 5 Issued _Itr_, A U •~ ~ i •~nM Effective ~.; "• `; ')flfl~~_