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PART I <br />Page 8 <br />Permit No. CO-0000221 <br />A. 'PERMS AND CONDITIONS <br />1. Effluent Limitations (continued) <br />(. ~5'hole Effluent Toxicity -Chronic Lethality Limitation for Outfalls 004 and 008 <br />Beginning immediately :md lazting through July 31, 2002, there shall be no statistically significant difi'erence in <br />lethality (at the 95% confidence level) between the control and any effluent concentration less than or equal to the <br />percentage effluent shoum in the following table. Such limi[ation shall apply as a daily maximum. <br />Outtall Jan-IV[ar Aprfun Jul-Sep Oct-Dec <br />004 10.8 12.3 17.3 7.8 <br />008 11.3 9.3 15.0 6.8 <br />2. Burden of Proot Requirements <br />The penninee has the burden of proof when requesting relief from total suspended solids (TSS), total iron and/or <br />settleable solids litnita[ions. Relief shall be granted only when necessary and shall not be granted when the pertt>ittee has <br />control over the discharge. The permittee should endeavor to meet the primary limitations whenever possible. The <br />Division shall have fmal authority in determining whether relief is granted. Discharges from all outfalls art: eligible for <br />this exemption; however, the majority of the loading from any discharge has to consist of stone runoff for the relief to <br />be available for any discharge. Outfall 009 consis[s entirely of surface ntnoff, thus all discharges from this outfall <br />should be eligible <br />a For rainfall, to waive TSS and total iron limitations, it is necessary to demonstrate that discharge occun•ed within 48 <br />hours after measurable precipitation has stopped. To waive settleable solids limitations, it is necessary to prove tha[ <br />discharge occurred within 48 hours after precipitation greater than [he 10-year, 24-hour event has stopped. <br />b. For snowmelt, [o waive i'SS and total iron limitations, it is necessary to demonstrate that discharge occurred within <br />4R hours after pond inflow haz stopped. To waive settleable solids limitations, it is necessary to prove iha[ <br />discharee occurred within 48 hours after pond inflow volume greater than the ]0-year, 24-hour event has stopped. <br />Should a precipitation event or snowmelt occur, the permittee shall submit adequate proof in order for an exemption to <br />be claimed. Weather station data may be appropriate in making this demonstration. Said proof shall be submitted az an <br />at[achment [o the Discharge Monitoring Repon (DMR) for the appropriate period. The Division shall determine the <br />adequacy of proof. As part of this determination, the Division shall evaluate whether the pennittee could hive <br />controlled the dischazge in such a manner that priman limitations could have been met. All manual dewateting of ponds <br />that are equipped with automatic dewa[erine systems must meet TSS and total iron limitations. If a pond hoc only <br />manual dewatering capability, relief is available only to the extent required to regain necessary stability and capacin~. <br />3. Post-Minine Areas <br />Contmearing at the time active rttining bas ceazed and surface areas have been returned to the required contour and <br />revegetation has begun, applicable discharges may be eligible for limitations other than those specified in Pans i.A.l. <br />These post-mining limitations :>hall remain in effect until bond releaze. The pennittee shall notify the Divisi~m at the <br />appropriate time so that consideration of permit modifications can be made. <br />See Part I.C. for Definitions. • <br />1NDBP 4/919) <br />