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PART II <br />Page No. 16 <br />Permit No. COG-850000 <br />2. SWMP Review/Changes: Upon review ofthe SWMP, the Division may notify the permittee at any time that the plan <br />does not meet one or more of the minimum requirements of this permit. After such notification, the permittee shall <br />make changes to the plan and shall submit to the Division an update to the plan including the requested changes. <br />Unless otherwise provided by the Division, the permittee shall have 30 days after such notification to both make the <br />necessary changes to the plan and to implement them. <br />The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance <br />which has a significant effect on the potential for the discharge ofpollutants to the waters ofthe State, or if the SWMP <br />.proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges <br />associated with industrial activity. The Division in the same manner as described above, may review amendments to <br />the plan. It is the permittee's responsibility to notify the Colorado Division of Mining and Geology (formerly the <br />Mined Land Reclamation Division) of any significant changes at their site resulting from the implementation of the <br />SWMP. <br />d. SWMP Availability <br />A copy of the SWMP shall be provided to the Division, the Colorado Division of Mining, and Geology (CDMG), and/or to <br />EPA upon request, and within the period specified in the request. <br />All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of <br />the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans <br />available to members ofthe public upon request. However, the permittee may claim anyportion ofa stormwaterpollution <br />plan as confidential in accordance with 40 CFR Part 2. <br />e. Allowable Non-Stormwater Discharges <br />The plan shall identify all sources of irrigation return flow and natural uncontaminated spring water that are combined with <br />stormwater discharges associated with industrial activity. The plan shall identify and ensure the implementation of <br />appropriate measures to prevent pollution of the non-stonnwater component(s) of the discharge. <br />Irrigation return flow and natural spring water which mixes with mine drainage or process water becomes mine drainage or <br />process water. <br />f. Employee Education <br />The permittee shall develop and implement employee education programs to inform personnel at all levels of responsibility <br />of the components and goals of the SWMP. Education should address topics such as spill response, good housekeeping, <br />and material management practices. The permittee shall identify periodic dates for such instruction. Contractor or <br />temporary personnel shall be informed of mine operations and control features in order to prevent stormwater pollution <br />from occurring. <br />D. DEFII~TITIONS OF TERMS <br />1. "Acute Toxicity" means there shall be no acute toxicity in the effluent from this discharge point. The acute toxicity <br />limitation is exceeded if 1) a statistically significant difference in mortality (at the 95% confidence level) is observed for <br />either species between the control and any dilution less that or equal to the identified IWC or 2) a species mortality in any <br />dilution of effluent (including 100% effluent) exceeds 50%. OR "Chronic lethality" occurs when a statistically significant <br />difference, at the 95% confidence level, occurs in the chronic test between the mortality of the test species in «IWC»% <br />effluent (the chronic IWC = «IWC»%} and the control. <br />2. Antidegradation limits apply as the average of all data collected for months in that group during a rolling 24-month period. <br />These limits become effective after data has been collected for all months in the group during the 24 months following <br />permit issuance. Where antidegradation groups are not indicated, data from all months will be utilized to determine the <br />reported value and the limit will become effective in the 24th month in which the permit is effective. <br />3. "Continuous" measurement, is a measurement obtained from an automatic recording device which continually measures <br />provides measurements. <br />4. "Chronic lethality" occurs when a statistically significant difference, at the 95% confidence level, occurs in the chronic test <br />between the mortality of the test species in 100% effluent (the chronic IWC = 100%) and the control. <br />5. "Daily Maximum limitation" means the limitation for this parameter shall be applied as an instantaneous maximum (or, for <br />pH or DO, instantaneous minimum) value. The instantaneous value is defined as the analytical result of any individual <br />