2008-12-04_PERMIT FILE - C1981033

• Permit No: C1981033
• IBM Index Class Name: Permit File
• Doc Date: 12/4/2008
• Section_Exhibit Name: EXHIBIT 04 PERMITS FOR MINING
• Media Type: D
• Archive: No

PART I
Page No. 5
Petmit No. CO-0044377
• A. DEFINITION OF EFFLUENT LIATITATIONS
2. Acute FVET Tesline-Outfttll 001 (continued)
(b) Failure of Test and Division Notification
An acute 1VL-T test is failed whenever the LCD, which represents an estimate o(the effluent concentration which is
lethal to 50 0 0( the test organisms in the time period prescribed by the test, is found to be less than or equal to
100% ef0ucnt. The pcrmittec must provide ss•riitcn notification of the failure of a WET test to the Division, along
with a statement as to svltcthcr the Preliminary Toxicity Incident ("PTI")/Toxicity Identification Evaluation ('TIE')
investigation or accelerated testing is being performed (see next section). Notification must be received by the
Division within 14 calendar days of the dcntonstralion of acute WET in the routine required test.
'Demonstration' for the purposes of Pans I.A.2.(b),(c),(d) and (t) means no later than the last day of the
laboratory test.
(c) Automatic Compliance Schedule Utwn Failure of Test
IC a routine acute 1VET test is failed, the following automatic compliance schedule shall apply. As part of this the
permittee shall either:
(i) proceed to conduct the PTI/TIE im•estigation as described in Pan I.A.2.(d), or
(ii) conduct accelerated testing using the single species found to be more sensitive.
• If accelerated testing is being performed, the pcrmittec shall provide arittcn notification oC the resuhs within
14 calendar da}•s of contplelion of the "Pattern of Toxicity"/"No Toxicity" demonstration. Testing will be at
least once every two weeks for up to five tests until I) two consecutive tests fail or three of five tests fail, in which
case a pattern of toxicity has been demonstrated or, 2) two consecutive tests pass or three of five tests pass, in
which case no pattem of toxicity has been found. IF no pattern of toxicity is found the toxicity episode is considered
to be ended and routine testing is to resume. [f a pattem of toxicity is found, a PTl/TIE investigation is to be
performed. If a pattern oftoxicity is not demonstrated but a significant level of erratic toxicity is found, the
Division may require an increased frequency of routine monitoring or some other modified approach.
(d) PTI/TIE
The results of the PTI/TIE investigation are to be received by the Division within 120 days of the
demonstration of acute WET in the routine test, as defined above, or if accelerated testin is performed, the
date the pattern of toxicity is demonstrated. A status report is to be provided to the Division at the 30. 60
and 90 day Doints of the PTI/TIE investieation. The Division may ez[end the time frame for investigation where
reasonable justification exists. A request for an extension must be made in writing and received prior to the 120 day
deadline. Such request must include a justification and supporting data for such an extension.
The permittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of
a brief search for possible sources oC WET, which might reveal causes of such toxicity and appropriate corrective
actions more simply and cos[ effectively than a Cotmal TIE. If the PTI allows resolution of the WET incident, the
TIE need not necessarily be conducted. If, however, WET is not identified or resolved during the PTI, the TIE
must be conducted within the allowed 120 day time frame.
Any permittee that is required to conduct a PTl/TIE investigation shall do so in conformance wi[h procedures
identified in the following documents, or as subsequently updated: 1) Methods far Aquatic Toxicity Identification
• Evaluations. Phase 1 Toxicity Characterivyion'Procedures, EPA/600/6-91/003 Feb. 91 and 2) Methods for Aouatic
Toxicity Identification Evaluations Phase 11 Toxicity Identification Procedures, EPA/600/3-88/035 Feb. 1989.
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