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<br /> <br />decant system as a result of operations conducted in the <br />• last twenty years. <br />PERMITTING REQUIREMENTS <br />The State will require a discharge permit for the seepage <br />south of the old pond. However, as it is liL:ely that this <br />discharge existed on November 6, 1975, the effective date of <br />the guidelines for Ore Mining and Dressing Point Source <br />Category. Thus the discharge should qualify as an existing <br />source and the effluent limitations given in Table No.S <br />should apply, except that the state pH limitation of 6.5-9.0 <br />would supercede that given in Table No.5. If, however, the <br />old pond discharge were included in a new source <br />classification for the entire mill, then no discharge would <br />be permitted, e>:cept the excess between annual precipitation <br />input and evaporation removal. Such discharge would have to <br />meet EPA effluent limitations for new source base and <br />precious metal mine discharges and the more restrictive <br />state pH standards. The EPA standards are given in Table <br />No.6. In either case the effluent would require treatment <br />prior to discharge. <br />The federal regulations define "new source" as" any <br />building, structure, facility or installation from which <br />there is or may be a discharge of pollutant, the <br />• construction of which commenced: (a) After promulgation of <br />standards of performance under section 306 of CWA which are <br />applicable to such source, or (b) After proposal of <br />standards of performance in accordance with section 306 of <br />CWA which are applicable to such source, but only if the <br />standards are promulgated in accordance with section 306 <br />within 120 days of their proposal." <br />The state regulations define "commence construction" as <br />including "execution of, and commencement of work under <br />contracts for engineering design, plans and specifications <br />for erection, building, alteration, remodeling, improvement <br />or extension of treatment works and commitment to the <br />completion of construction of such treatment works prior tc <br />er.ceeding permit effluent limitations based upon facility <br />design and capacity, or execution of a contract for the <br />construction thereof defined by C.R.S. 1973,25-B-501(5)(e) <br />as amended". <br />The key words in the federal definition of "new source" are <br />"construction of which commenced". The key words in the <br />state definition of "commence construction" are "alteration, <br />remodeling, improvement or extension of treatment works". It <br />would seem likely that the State will consider the new pond <br />• -18- <br /> <br />