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COLORADO DEPARTMENT OF PUBLIC HEALTHAND ENVIRONMENT, Water Quality Control Division Rationale -Page 9, Permit No. CO-0000131 Plan. Appropriate portions of these other plans may be incorporated in the SWMP by reference, as long as a complete SWMP can be reproduced and submitted to the requesting agency within the time frame specked in the request. Those portions of the referenced documents must be included in the submittal. The SWMP must also be readily available to an on-site inspector. c. Comprehensive Facility Inspections: The permtttee shall make a thorough inspection of their stormwater management system, at least twice per year (in the spring and fall). These inspections must be documented and summarized in the Annual Report (see Part I.D.2.g of the permit). d. AnnualReoort.• Thepermittee will be required to submit an Annual Report covering January 1 through December 31 of each year, on the compliance with the SWMP. The Annual Report shall contain, at a minimum: a) A report on the facility's overall compliance with the SWMP, irscluding a progress report on remediation activities. b) A summary of all comprehensive stormwater inspections made. c) Results and interpretah'on ofany stormwater monitoringperformed. The Annual Report will be due to the Division on or before February 1 S ojthe following year (see Part I.D.2.g of the permit). All reports required for submttal shall be signed and certified for accuracy by the permtttee. (See Part ~"' of the permit.) e. Criteria for Termination ofStormwaterPermitCoverage Termination of this overall permit does not assure termination ofthe stormwater permitting requirements for the Sanborn CreekMine and Elk Creek Mine. When a site has been reclaimed in accordance with the Colorado Division of Minerals and Geology (CDMG) requirements and the site has been releasedfrom State reclamation requirements, the operator of the facility may request termination of stormwater permitting requirements under this permit. The requirements for termination are described in Part I.B.2. h of the permit. Continued coverage may be required after reclamation or remediation is complete if the Division has shown or has reason to suspect that the stormwater discharge contributes to a violation ofa water quality standard. 4. Economic Reasonableness Evaluation: Section 25-8-503(8) ajthe revised (June 1985) Colorado Water Quality Control Act required the Division to "determine whether or not any or all ojthe water quality standard based effluent limitations are reasonably related to the economic, environmental, public health and energy impacts to the public and affected persons, and are in furtherance ofthepolicies set forth in sections 25-8-192 and 25-8-104." The Colorado Discharge Permit System Regulations. Regulation No. 61, further define this requirement under 61.11 and state: "Where economic, environmental, public health and energy impacts to the public and affected persons have been considered in the classifications and standards setting process, permits written to meet the standards may be presumed to have taken into consideration economic factors unless: a. Anew permit is issued where the discharge was not in existence at the time of the classification and standards rulemaking, or b. In the case ofa continuing discharge, additional information or factors have emerged that were not anticipated or considered at the time of the classification and standards rulemaking. " The evaluation for this permit shows that the Water Quality Control Commission, during their proceedings to adopt the Classifications and Numeric Standards for Gunnison and Lower Dolores River Basins considered economic reasonableness. Furthermore, this is not a new discharger and no new information has been presented regarding the classifications and standards. Therefore, the water quality standard-based effluent limitah'ons of this permit are determined to be reasonably related to the economic, environmental, public health and energy impacts to the public and affected persons and are in furtherance of the policies set forth in Sections 25-8-102 and 104. Ifthe permtttee disagrees with this finding, pursuant to 61.11(b)(ii) of the Colorado Discharge Permit System Regulations the permittee should submit all pertinent information to the Division during the public notice period. Last Revised: 4/28/2004