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PART I <br />Page 6 <br />• Permit No. COG-850000 <br />B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS <br />1. Effluent Limitations (continued) <br />d) Burden of Proof Requirement <br />The permittee has the burden of proof when requesting relief from <br />total suspended solids (TSS), total iron and/or settleable solids <br />limitations. Relief shall be granted only when necessary and shall <br />not be granted when the permittee has control over the discharge. <br />The permittee should endeavor to meet the primary limitations <br />whenever possible.. <br />1) For rainfall, to waive TSS and total iron limitations, it is <br />necessary to prove that discharge occurred within 48 hours after <br />measurable precipitation has stopped. In addition, to waive <br />settleable solids limitations, it is necessary to prove that <br />discharge occurred within 48 hours after precipitation greater <br />than the 10-year, 24-hour event has stopped. <br />2) For snowmelt. to waive TSS and total iron ].imitations, it is <br />necessary to prove that discharge occurred within 48 hours after <br />• pond inflow has stopped. In addition, to waive settleable <br />solids limitations, it is necessary to prove that discharge <br />occurred within 48 hcurs after pond inflow volume greater than <br />the ]0-year, 24-hour event has stopped. <br />The Division shall determine the adequacy of proof. As part of <br />this determination, the Division shall evaluate whether the <br />permittee could have controlled the discharge in such a manner that <br />primary limitations could have been met. ALL manual dewatering <br />must meet TSS and total iron limitations. <br />2. Stormwater Management Plan <br />The permittee shall prepare and submit two copies of a Stormwater <br />Management Plan (SWMP) to the Water Quality Control Division. The <br />plan shall be submitted within six months from the date .that <br />certification under this oermit was eranted to the facility. An <br />additional copy of the plan shall be submitted to: <br />Colorado Department of Natural Resources <br />Mined Land Reclamation Division - Coal Mining Section <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />• The Division will review and approve each plan, Upon approval, the <br />plan shall be incorporated into the permittee's certification by <br />reference. Failure to implement the approved plan as described shall <br />be a violation of the permit. The plan shall remain in effect as long <br />as the facility is regulated by a CDPS permit. <br />