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Comments Submitted by Denver Water <br />August 20, 2010 <br />Commission may hold a rulemaking hearing to consider the adoption of a <br />numerical standard, which would then be binding. <br />Because the discharges from Schwartzwalder contain, or have the potential to <br />contain, elevated levels of Gross Alpha and Gross Beta, and have the potential to affect <br />downstream water supplies and residuals management, a numeric standard is necessary. <br />Accordingly WQCD should develop and apply a numeric standard for Gross Alpha and <br />Gross Beta for the purpose of the draft permit. <br />Inapplicability of 40 CFR Part 440 <br />The Federal Effluent Limitations established under 40 CFR Part 440.32 do not apply <br />to Schwartzwalder. First, 40 CFR Part 440.32 only applies to active uranium mines, and not <br />mines that are undergoing remediation. Under 40 CFR Par 440.30: <br />The provisions of this Subpart C are applicable to discharges from (a) mines <br />either open-pit or underground, from which uranium, radium and vanadium <br />ores are produced; and (b) mills using the acid leach, alkaline leach, or <br />combined acid and alkaline leach process for the extraction of uranium, <br />radium and vanadium. Only vanadium byproduct production from uranium <br />ores is covered under this subpart. 40 C.F.R. § 440.30 (emphasis added). <br />Schwartzwalder is no longer producing uranium, radium or vanadium ores, and is therefore <br />no longer subject to Part 440.32. Further, under the Clean Water Act, the State of <br />Colorado's more stringent effluent standards take precedence over the federal standards, <br />particularly considering that there is no clear expression of an intent to preempt the State's <br />more stringent standards. <br />Additional Comments <br />Denver Water has prepared additional less substantive comments which are <br />summarized in Attachment C. A change or edit in one area, may impact other portions of <br />the WQA, Permit, or fact sheet. <br />Closing Remarks <br />Again, Denver Water is appreciative of the Division's effort to handle this public <br />health threat swiftly. We encourage the Division to keep communications open with DRMS <br />so additional reclamation or remedial actions can occur if monitoring indicates a change or <br />determines that this permit does not provide adequate protection of public health and the <br />environment. Denver Water will continue to monitor water quality, and commits to sharing <br />Page 7 of 8