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PARTI Page No. 6 Pemrit No. CO-0000906 DEFIIVITION OF EFFLUENT LIMITATIONS ArntP WF.T TPating_ (Tltfallc (1Ql and 009 (Continued) (iv) Despite the circumstances descnbed in paragraphs (i) and (iii) above, the source and/or cause of toxicity could not be located or resolved. If deemed appropriate by the Division, the pemrit or the compliance schedule may be modified ro revise the ongoing monitoring and toxiciiy investigation requirements ro avoid an unproductive expenditure of the pennittee's resources, provided that the underlying obligation ro eliminate any continuing exceedence of the toxicity limit shall remain. ~(f) ~ifnTllanMllC n1QirP9Ta~al'P If toxicity spontaneously disappears at any time after a test faihtre, the pemrittee shall notify the Division in writing within 14 days, of a demonstration of disappearance of the toxicity. The Division may require the pemrittee ro develop and. submit additional information, which may include, but is not limited ro, the results of additional testing. If no pattern of roxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed and normal WET testing shall resume. (g) Toxici TRP_ npenr_r This pemrit may be reopened and modified (following proper ad~nishatlve procedures).ro include new compliance dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change in the whole effiuent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the following events occur: (i) Toxicity has been demonstrated in the effiuent and the pemtit does not contain a toxicity limitation (ii) The PTLTIE results indicate that the toxicant (s) represent pollutant(s) that may be controlled with specific numerical limits, and the Division agrees that the numerical controk are the most appropriate course of action. (iii) The PTL'TIE reveals other unique conditions or characteristics, which, in the opinion of 'the Division, justify the incorporation of unanticipated special conditions in the permit. _ _ 3. $17rden nfPrnnfRPmlirementa The permittee bas 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 bas control over the discharge. The pemrittee should endeavor to meet the primary liaritations whenever possible. The perrmttee will need to show that exceedence of the applicable limitations were caused by precipitation and no other source and that the dischazge was beyond their control. All prannal dewatering of the ponds shall meet TSS and total iron limitations. a) Fnr rain ,fall to waive TSS and total iron limitations, it is ~cessary to prove that discbazge oeciured within 48 hours after measurable precipitation has stopped. In addition, ro waive settleable solids limitations, it is necessary to prove that dischazge occurred within 48 hours after precipitation greater than the 10-year, 24-hour event leas stopped. b) Fnr clvlwmett ro waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours ester pond inflow has stopped. In addition, ro waive settleable solids limitations, it is necessary to prove that dischazge occurred within 48 hours after pond inflow volume greater than the 10-yeaz, 24-horn event has stopped. Shculd a precipitation event or snow~lt occur, the perauttee shall submit adequate proof in order for an exemption to be claimed. Said proof shall be submitted as an attachment ro the Discharge Monitoring Report (DMR) for the appropriate period. The Division S shall determine the adequacy of proof As part of this determination,. the Division shall evaluate whether the permittee could have controlled the discharge is such a manner that primary limitations wnld crave been met,