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COLORADO DEPARTMENT OFP IC HEALTH AND ENVIRONMENT, Water lity Control Division <br />Rationale - Page 5, CO- 0027529 <br />e. Antidegradation - Since the receiving water is Use Protected, an antidegradalion review is not required <br />pursuant to section 3.1.8(1)(b) of The Basic Standards and Methodologies for Surface Water. <br />f Salinity Regulations - In compliance with the "Regulations for Implementation of the Colorado Salinity <br />Standards Through the CDPS Permit Program'; the permittee shall monitor for total dissolved solids on a <br />quarterly basis. Samples shall be taken at the effluent discharge point(s). <br />Net Limits - Before the last renewal of this permit, effluent limitations were based upon net limits, allowing <br />credits for contaminants in certain measured ground water seeps into the American Tunnel below the SGC <br />property line. In the last renewal, net limitations were removed because the Division concluded that the <br />ground water inflow was not being returned to the same body of water from which it came. The permittee <br />continues to feel that net limitations are appropriate under the regulations, particularly if, in the future, <br />waters in the American Tunnel are returned to ground water. No intake credits have been allowed in the <br />effluent limitations for this permit renewal. <br />g• <br />4. Whole Effluent Toxicity (WET) Testing <br />In compliance with the previous permit, the permittee has been performing chronic WET testing. Results over the <br />last two years have all passed the chronic WET limitations, with the dilution at which a significant difference in <br />toxicity between the dilution and the control being greater than 100% in most cases. This indicates that the <br />likelihood of ever having a chronic WET failure is very small. <br />As a result of the plugging of the American Tunnel, it is likely that the Instream Waste Concentration (IWC) would <br />be less than what was used in the previous permit, even further reducing the possibility of a WET failure. <br />Another factor to consider is that, as a result of the consent agreement between the permittee and the State, the <br />permittee will treat Cement Creek streamflow which historically has had higher pollutant concentrations than the <br />treated effluent. When these factors are processed in a mass - balance equation, the result is a reduced pollutant <br />loading and concentration in the Animas River, which is the first downstream waterbody classified for aquatic life <br />use. The Division expects that an overall result of the consent agreement will be the maintenance of both the <br />numeric and narrative standards for the Animas River. <br />As a result of the above considerations, the Division has determined that neither WET limitations nor WET <br />monitoring for this permit are required after treatment of Cement Creek is begun. Until that time, chronic WET <br />testing and limitations will be included in the permit, based upon the same IWC that was used in the previous <br />permit, which was 10.3% . <br />The results of the testing are to be reported on Division approved forms. The permittee will be required to <br />conduct a statistical derivation on the data, looking for any statistically significant difference in toxicity between <br />the control and the effluent concentrations. This set of calculations will look at the full range of toxicity (lethality, <br />growth and reproduction). If a level of chronic toxicity occurs, such that there is a statistically significant <br />difference in the lethality (at the 95% confidence level) between the control and any effluent concentration less <br />than or equal to the Instream Waste Concentration (IWC), the permittee will be required to follow the automatic <br />compliance schedule identified in Part 1. B. of the permit, if the observed toxicity is due to organism lethality. Only <br />exceedance of the limitation specified in Part I.A. will trigger the requirement for conducting the automatic <br />compliance schedule identified in Part I.B. of the permit. If the toxicity is due to differences in the growth of the <br />fathead minnows or the reproduction of the Ceriodaphnia, no immediate action on the part of the permittee will be <br />required. However, this incident, along with other WET data, will be evaluated by the Division and may form the <br />basis for reopening the permit and including additional WET limits or other requirements. <br />