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PARTI Page No. 6 Pemrit No.: CO-0047562 g. Toxicity Reopener This pemrit may be reopened and modified (following proper administrative procedures) to include new compliance dates, additional or modified numerical pemrit limitations, a new or differertt 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 ocew: i. Toxicity has been demonstrated in [he effluent and the permit does not contain a toxicity limitation. ii. The PTUTIE results indicate that the identified toxicant(s) represent pollutant(s) [hat maybe controlled with specific numerical limits and the permit issuing authority agrees that the control of such toxicants through numerical limits is the most appropriate cowse of action. iii. The PTI/I'IE reveals other unique conditions or characteristics, which, hr the ophrion of the permit issuing authority, justify the incorporation ofunanticipated special conditions in the permit. 4. Storm Exemption -Facilities Permitted to Discharee If, as a result of precipitation or snowmelt, a sowce with an allowable discharge under 40 CFR part 440 has an overflow or excess discharge of effluent which does not meet the limitations of 40 CFR part 440, the sowce may qualify for mr exemption from such limitations with respect to such discharge if the followb~g conditions are met: a) The facility is designed, covstmcted and maintahred to contain the maximum volume of wastewater which would be generated by the facility during a 24-hour period without an increase in volume from precipitation and the maximwn volume of wastewater resulting from a ] 0-yeaz, 24-how precipitation event or treat the maximum flow associated with these volumes. In computing the maximum volume of wastewater which would result from a 10-year, 24-hour precipitation event, the facility mast include the volume which would result from atl areas contributing runoff to the individual treatment facility, i.e. ,all runoff that is not diverted from the active mining area and runoff which is not diverted from the mill area. b) The facility takes all reasonable steps to maintain treatment of Ore wastewater and minimize the amount of overflow c) The facility complies with the notification requirements of 40 CFR 122.60 (g) and (h).17re sTOmr exemption is designed [o provide an aft-umative defense to an enforcemevt action. Therefore, the operator has the bwden of rlemonstrathrg to the appropriate authority that the above conditions have been met. In addition, if a discharge occws as a result of the 10-year, 24-hour storm volume being exceeded and the pemrittee wishes to claim an exemption from technology based effluent limitations, the pemrittee shall submit, within 5 days of Ore said dischazge, documentation that the facility was mavrtained to contain or treat the previously specified volumes. The pemrittee must also submit documentation of the storm event, including the precipitation recorded at the closest official precipitation gauge station (or the permittee's own gauge), the volume of runoff produced and the steps taken to maintain heatrnent and rnirrhnize the amount of overflow. For claiming a storm water exemption, the pemrittee must also adequately demonstrate that ali reasonable marragement, containment, and treatment options have been optimally utilized. The storm event exemptions are only applicable for the following parameters at this facility, which are based upon Federal BATBPT limitations: Total Suspended Solids Chemical Oxygen Demand Total Recoverable Zinc Dissolved Radium 226 30-day average limitation for Total Radium 226. All data documentation required by the secfioa which can not be reported on applicable discharge monitoring report fornu (DMRs) shall be reported in a letter as an attachment to the DIvIR Submittal of documentation of containment, maintenance and precipitation records above does not exempt the permittee fiom the notification requirements of Part II.A.4. of this permit.