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PART I <br />Page No. 5 <br />Permit No. CO-0036684 <br />~A. DEFINITION OF EFFLUENT LBtfITATIONS <br />4. Post-Minine Areas <br />Commencing at the time active mining has ceased and surface azeas have been re[utned to the required contour all <br />applicable discharges may be eligible for limitations other than those specified in Pan I.A.I. In most cases, these <br />post-mining limitations shall remain in effect until bond release. The permittee shall notify [he Division upon cessation <br />of active mining so [ha[ consideration of appropriate permit modifications can be made. <br />5. Chronic WET Testine - Outfall 001 <br />a. Testine and Reoortine Requirements <br />Tests shall be done at the frequency listed in Part I.B.I. Test results shall be reported on the Discharge <br />Monitoring Report (DMR) submitted for the reporting period during which the sample was taken. (i.e., WET testing <br />results for [he first calendar quaver ending March 31 shall be reported with the DMR due April 28.) The results <br />shall be submitted on the Chronic Toxicity Test report form, available from the Division. Copies of these reports <br />are to be submitted to both the Division and EPA along with the DMR. <br />The permit[ee shall conduct each chronic WET test in general accordance with methods described Short Term <br />Methods for Estimative the Chronic Toxicity of Effluents and Receivine Waters to Freshwater Organisms, <br />EPA/600/4-89/OOl or the most current edition, ezcep[ as modified by the most current Division guidance document <br />entitled Guidelines for Conductive Whole Effluent Toxicity Tests. The permittee shall conduct such tests using <br />Ceriodaphnia dubia and fathead minnows. <br />b. Failure of Test and Division Notification <br />• Beginning on the effective date of the limitation, a chronic WET test is failed whenever there is a statistically <br />significant difference in lethality between the control and any effluent concentration less than or equal to the <br />instream waste concentration ("IWC"). The IWC for this permit has been determined to be 74%. The pertnittee <br />must provide written notification of the failure of a WET test to the Division, along with a statement as to whether a <br />Preliminary Toxicity Investigation ("PTI")/Toxicity Identification Evaluation ("TIE") or accelerated testing is being <br />performed. Notification must be received by the Division within 21 calendar days of the demonstration of <br />chronic WET in the routine required test. "Demonstration" for the purposes of Parts I.A.6.b., c., d. and f. <br />means no later than the last day of the laboratory test. <br />c. Automatic Comuliance Schedule Upon Failure of Test <br />If a routine chronic WET [es[ is failed, [he following automatic compliance schedule shall apply. As pan of this the <br />permit[ee shall either: <br />(i) proceed to conduct the PTI/TIE investigation as described in Pan I.A.4.e, or <br />(ii) conduct accelerated testing using the single species found [o be more sensitive. <br />IC accelerated testing is being performed, the permittee shall provide written notification of the results within <br />14 calendar days of completion of the "Pattern oC Toxicity"/"No Toxicity" demonstration. Testing will be at <br />least once every two weeks for up to five tests until; 1) two consecutive tests fail or three of five tests fail, in which <br />case a pattern of toxicity has been demonstrated or 2) two consecutive tests pass or three of five tests pass, in which <br />case no pattern of toxicity has been found. If no pattern of toxicity is found the toxicity episode is considered to be <br />ended and routine testing is to resume. If a pattern of toxicity is found, aPTI/TIE investigation is to be performed. <br />If a pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found, the Division may <br />. require an increased frequency of routine monitoring or some other modified approach. <br />I\pBP Nu..mnr I~ IYY <br />