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PARTI <br />Page No. 16 <br />Permit No.: CO-0000906 <br />• ii. During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in the <br />case of a POTW, pretreatment requirements; <br />iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of <br />treatment and control; and <br />iv. Despite the circumstances described in paragraphs (i) and (iii) above, the source and/or cause of toxicity could not be <br />located or resolved. <br />If deemed appropriate by the Division, the permit or the compliance schedule may be 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 />f. 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 may be 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 PTI/TIE results indicate that the identified toxicant(s) represent pollutant(s) that may be 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 PTIME 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 />6. Storm Exemption - Facilities Permitted to Discharge <br />The peimittee has the burden of proof when seeking relief from total suspended solids (TSS), total iron and/or settleable <br />solids (SS) limitations, as applicable. Only Outfalls 004A 007A and 008A are eligible for relief from TSS, total iron and <br />SS, as applicable; however, the majority of the loading from any discharge has to consist of storm runoff for the relief to be <br />available. The permittee will need to show that exceedance of the applicable limitations was caused by precipitation surface <br />runoff water. <br />Relief may be granted for each discharge occurrence only when necessary and shall not be granted when the permittee has <br />control over the discharge. The permittee should endeavor to meet the primary limitations whenever possible. <br />a. For active outfalls: For rainfall, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred <br />within 48 hours after measurable precipitation has stopped. In addition, to waive settleable solids limitations, it is <br />necessary to prove that discharge occurred within 48 hours after precipitation greater than the 10-year, 24-hour event has <br />stopped. For snowmelt, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within <br />48 hours after pond inflow 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 />b. For post-mining outfalls: For rainfall, to waive settleable solids limitations, it is necessary to prove that discharge <br />occurred within 48 hours after measurable precipitation has stopped. For snowmelt, to waive settleable solids limitations, <br />it is necessary to prove that discharge occurred within 48 hours after pond inflow has stopped.