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PART I <br />Page No, 17 <br />Permit No.: CO-0000213 <br />2) Move to a TRE by identifying the necessary control program or activity and proceed with elimination of the toxicity so as <br />to meet the WET effluent limit. <br />If toxicity spontaneously disappears in the midst of aTIE, the permittee shall notif}, the Division within 10 days of such <br />disappearance, The Division may require the permittee to conduct accelerated testing t, to demonstrate that no pattern of <br />toxicity exists, or may amend the permit to require an increased frequency of WET' testing for some period of time. If no <br />pattern of toxicity is demonstrated through the accelerated testing or the increased monitoring frequency, the toxicity incident <br />response will be closed and normal WET testing shall resume. <br />The control program developed during a TRE consists of the measures determined to be the most feasible to eliminate WET. <br />This may happen through the identification of the toxicant(s) and then a control program aimed specifically at that toxicant($) <br />or through the identification of more general toxicant treatability processes, A control program is to be developed and <br />submitted to the Division within 180 days of beginning a TRE. Status reports on the TRE are to be provided to the Division <br />at the 60 and 120 day points of the TRE investigation. <br />I ftoxicityspontaneo-usly disappears in the midst of TRE, the permittee shall notify the Division within 10 days of such <br />disappearance. The Division may require the permittee to conduct accelerated testing to demonstrate that no pattern of <br />toxicity exists, or may amend the permit to require an increas&d frequency for some period of time, lfrio pattern oftoxicityis <br />demonstrated through the accelerated testing or the increased monitoring frequency, the toxicity incident response will be <br />closed and normal WLT testing shall resume. <br />d- Toxicity Reopener <br />This permit may be reopened and modified to include additional or modified numerical permit limitations, new or modified <br />compliance response requirements, changes in the WFT testing protocol, the addition of both acute and chronic WET <br />requirements, or any other conditions related to the control of toxicants. <br />S. Storm Exemption - Facilities Permitted to Dkeharge <br />If the permittee intends to use the I 0 -year, 24-hour storm exemption, a report must be submitted to the Division within 90 <br />days after the effective date of this permit, documenting that the facility is designed, constructed and will be maintained to <br />contain or treat: <br />a The maximum volume of wastewater which would be generated by the facility during a 24-hour period without an <br />increase in volume from precipitation; and <br />b. The maximum volume orwastewater resulting from a 10-year, 24-hour precipitation event, including the volume which <br />would result from all areas contributing runoff to the individual treatment facility (i.e., all runoff not diverted from the <br />active mining area or the mill area). <br />in addition, if a discharge occurs as a result of the 10 -year, 24 -hour storm volume being exceeded and the permittee wishes to <br />claim an exemption from technology based effluent limitations, the permittee shall submit, within 5 days of the said dischw-C, <br />z <br />documentation that the facility was maintained to contain or treat the previously specified volumes. The permittee must also <br />submit documentation of the storm event, including the precipitation recorded at the closest official precipitation gauge <br />Z, <br />station (or the permittee':, own gauge), the volume of runoff produced and the steps taken to maintain treatment and minimize <br />the amount of overflow. <br />For claiming a storm water exemption, the permittee must also adequately demonstrate that all reasonable management, <br />containment, and treatment options have been op:imally utiliztd. <br />Tice storm event exemptions are only applicable for the following parameters at this facility, which are based upon Federal <br />BAT,!BPT limitations: <br />