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PART II <br />Page No. 10 <br />Permit No.: CO-0038024 <br />If deemed appropriate by the Division, the permit or the compliance schedule maybe modified to revise the ongoing <br />• monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, <br />provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. <br />£ Spontaneous Disappearance <br />If toxicity spontaneously disappears at any time after a test failure, the permittee shall notify the Division in writing <br />within 14 days of a demonstration of disappearance of the toxicity. The Division may require the permittee to develop <br />and submit additional information, which may include, but is not limited to, the results of additional testing. If no pattern <br />of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed and <br />normal WET testing shall resume. <br />g. Toxicity Reopener <br />This permit maybe reopened and modified (following proper administrative procedures) to include new compliance <br />dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change in the whole <br />effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the following <br />events occur: <br />i. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. <br />ii. The PTUTIE results indicate that the identified toxicant(s) represent pollutant(s) that maybe controlled with specific <br />numerical limits and the permit issuing authority agrees that the control of such toxicants through numerical limits is <br />the most appropriate course of action. <br />iii. The PTUTIE reveals other unique conditions or characteristics, which, in the opinion of the permit issuing authority, <br />justify the incorporation of unanticipated special conditions in the permit. <br />•3. Storm Exemation -Facilities Permitted to Discharge <br />If the permittee intends to use the 10-year, 24-hour storm exemption, a report must be submitted to the Division within 90 <br />days after the effective date of this permit, documenting that the facility is designed, constructed and will be maintained to <br />contain or treat: <br />a. The maximum volume of wastewater which would be generated by the facility during a 24-hour period without an <br />increase in volume from precipitation; and <br />b. The maximum volume of wastewater resulting from a 10-year, 24-hour precipitation event, including the volume which <br />would result from all areas contributing runoff to the individual treatment facility (i.e., all runoff not diverted from the <br />active mining area or the mill area). <br />In addition, if a discharge occurs as a result of the 10-year, 24-hour storm volume being exceeded and the permittee wishes to <br />claim an exemption from technology based effluent limitations, the permittee shall submit, within 5 days of the said discharge, <br />documentation that the facility was maintained to contain or treat the previously specified volumes. The permittee must also <br />submit documentation of the storm event, including the precipitation recorded at the closest official precipitation gauge <br />station (or the permittee's own gauge), the volume of runoff produced and the steps taken to maintain treatment and minimize <br />the amount of overflow. <br />For claiming a storm water exemption, the permittee must also adequately demonstrate that all reasonable management, <br />containment, and treatment options have been optimally utilized. <br />The storm event exemptions are only applicable for the following parameters at this facility, which are based upon Federal <br />BATBPT limitations: total suspended solids, total iron, and/or settleable solids. <br />• All data/documentation required by the section which can not be reported on applicable discharge monitoring report forms <br />(DMRs) shall be reported in a letter as an attachment to the DMR. Submittal of documentation of containment, maintenance <br />and precipitation records above does not exempt the permittee from the notification requirements of Part II.A.4. of this <br />permit. <br />