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PART I Page No. 7 Permit No. CO-0000132 A. DEFINITION OF EFFLUENT LIMITATIONS 2. Acute WET Testine - Outfa11011 (continued) (f) Spontaneous Disappearance If toxicity spontaneously disappeazs at any time afer a test failure, the permittee shall notify the Division in writing within 14 days of a demonstration of disappeazance of the toxicity. The Division may require the permittee to develop and submit additional information which may include, but is not limited to, the results of additional testing. If no pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed and normal WET testing shall resume. (p~ Toxiciri Reocener 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 [oxicants if one or more of the following events occur: (i) Toxicity has been demonstrated in the effluent and the permit does no[ contain a toxicity limitation. (ii) The PTI/TIE results indicate that the toxican[ (s) represent pollutant(s) that may be controlled with specific numerical limits, and the Division agrees that the numerical controls aze the most appropriate course of action. (iii) The PTI/TIE reveals other unique conditions or chazacteristics which, in the opinion of the Division, justify Ute incorporation of unanticipated special conditions in the permit. 3. Burden of Proof Requirements The permittee has the burden of proof when seeking relief from total suspended solids (TSS), total iron and/or settleable solids (SS) limitations. Relief may be granted for each dischazge occurrence only when necessary and shall not be granted when the permittee has control over the dischazge. The permittee should endeavor to meet the primary limitations whenever possible. The permittee will need [o show that exceedence of the applicable limitations was caused by precipitation and no other source and that the dischazge was beyond their control. All manual dewatering of the ponds shall meet TSS and total iron limitations. Outfalls 011 and 015 aze not eligible for this relief. a) For rainfall, to waive TSS and total iron limitations, it is necessary to prove that dischazge occurred within 48 hours after measurable precipitation has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that dischazge occurred within 48 hours afer precipitation greater than the 10-yeaz, 24-hour event has stopped. b) For snowmelt, [o waive TSS and total iron limitations, it is necessary to prove that dischazge occurred within 48 hours afrer pond inflow has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that dischazge occurred within 48 hours afer pond inflow volume greater than the 10-yeaz, 24-hour event has stopped. Should a precipitation event or snowmelt occur, the permittee shall submit adequate proof in order for an exemption to be claimed. Said proof shall be submitted as an attachment to the Dischazge Monitoring Report (DMR) for dte appropriate period. The Division shall determine the adequacy of proof. As part of this determination, the Division shall evaluate whedter the permittee could have controlled the dischazge in such a manner that primary limitations could have been met. See Part I.C. for Det-uritions. Amendment No. 5 Issued Effective woe. rm.we.. u. iw.