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PART I <br />Page No. 7 <br />Permit No. CO-0044377 <br />• A. DEFIIYITION OF EFFLUENT LAIITATIONS <br />2. Acute \VET Testing-Outfall 001 <br />fg) Tozicitv Reonencr <br />(i) Toxicity hats been demonstrated in the effluent and the permit does not contain a toxicity limitation. <br />(ii) Tltc PTI/TIE results indicate that the toxicant (s) represent pollutant(s) that tnay be controlled with specific <br />numerical limits, and the Division agrees that the numerical controls arc the most appropriate course of <br />action. <br />(iii) The PTI/TIE reveals other unique conditions or characteristics which, in the opinion of the Division, justify <br />the incorporation of unanticipated special conditions in the permit. <br />3. Burden of woof Requirements <br />The permittee has the burden of proof when seeking relief from total suspended solids (TSS), total iron artd/or settleable <br />solids (SS) limitations. Outfall 004 is eligible for relief, providing the exceedence is caused by precipitation. Outfall <br />001 is not eligible. <br />Retie( may be granted for each discharge occurrence only when necessary and shall not be granted when [he permittee <br />has control over the discharge. The permittee should endeavor to meet the primary limitations whenever possible. The <br />permittee will need to show that exceedence of the applicable limitations waz caused by precipitation and no other source <br />and that the discharge was beyond their control. <br />• a) For rainfall, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours <br />after measurable precipitation has stopped. In addition, to waive settleable solids limitations, it is necessary to prove <br />that discharge occurred within 48 hours after precipitation greater than the 10-year, 24-hour event has stopped. <br />b) For snou•melt, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 <br />hours after pond inflote has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that <br />discharge occurred within 48 hours after pond inflow volume greater than the 10-year, 24-hour event has stopped. <br />Should a precipitation event or snowmelt occur, the permittee shall submit adequate proof in order for an exemption to <br />be claimed. Said proof shall be submitted az an attachmen[ to the Discharge Monitoring Report (DMR) for the <br />appropriate period. The Division shall determine the adequacy o(proof. As pan oC this determination, the Division <br />shall evaluate whether the permittee could have controlled the discharge in such a manner that primary limitations could <br />have been met. All manual dewatering of the ponds shall meet TSS and total iron limitations. <br />4. Post-Mining Areas <br />Commencing at the time active mining has ceazed and surface areas have been returned to the required contour all <br />applicable discharges may be eligible for limitations other than those specified in Pan I.A.I. These post-mining <br />limitations shall remain in ef(ec[ un[il bond releaze. The permittee shall notify the Division upon cessation of active <br />mining so that consideration of appropriate permit modifications can be made. <br />B. MONITORIIVG REQUAiEMENTS <br />1. Frequency and Santnle Trae <br />• In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in <br />Part I.A.I, the permittee shall monitor all effluent parameters at the following frequencies. Such monitoring will begin <br />immediately and laz[ for the life of the permit unless otherwise noted. The results of such monitoring shall be reported <br />on the Discharge Monitoring Report form (See Pan I.E.). <br />rrcuar No...~n.. u, rva+ <br />