2017-02-03_PERMIT FILE - C1980004A (4)

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PART I Page 11 of 48 Permit No.: C00038342 If a test is considered invalid, the permittee is required to perform additional testing during the monitoring period to obtain a valid test result. Failure to obtain a valid test result during the monitoring period shall result in a violation of the permit for failure to monitor. b. Violations of the Permit Limit and Division Notification An acute WET test is failed whenever the LC50i which represents an estimate of the effluent concentration which is lethal to 50% of the test organisms in the time period prescribed by the test, is found to be less than or equal to 100% effluent. The permittee must provide written notification of the failure of a WET test to the Division, along with a statement as to whether accelerated testing or a Toxicity Identification Evaluation (TIE) is being performed, unless otherwise exempted, in writing, by the Division. Notification must be received by the Division within 14 calendar days of the permittee receiving notice of the WET testing results. c. Automatic Compliance Response The permittee is responsible for implementing the automatic compliance response provisions of this permit when one of the following occurs: • there is a violation of the permit limit (the LC50 endpoint is less than the applicable IWC) • the permittee is otherwise informed by the Division that a compliance response is necessary When one of the above listed events occurs, the following automatic compliance response shall apply. The permittee shall either: • conduct accelerated testing using the single species found to be more sensitive • conduct a Toxicity Identification Evaluation / Toxicity Reduction Evaluation (TIE/TRE) investigation as described below. i. Accelerated Testing If accelerated testing is being performed, testing will be at least once every two weeks for up to five tests, at the appropriate IWC, but only one test should be run at a time. Accelerated testing shall continue until; 1) two consecutive tests fail or three of five tests fail, in which case a pattern of toxicity has been demonstrated or 2) two consecutive tests pass or three of five tests pass, in which case no pattern of toxicity has been found. Note that the same dilution series should be used in the accelerated testing as was used in the initial test(s) that result in the accelerated testing requirement. If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing is to resume. If a pattern of toxicity is found, a TIE/TRE investigation is to be performed. If a pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found, the Division may require an increased frequency of routine monitoring or some other modified approach. The permittee shalt provide written notification of the results within 14 calendar days of completion of the Pattern of Toxicity/No Toxicity demonstration. ii. Toxicity Identification Evaluation / Toxicity Reduction Evaluation (TIE/TRE) If a TIE/TRE is being performed, the results of the investigation are to be received by the Division within 180 calendar days of the demonstration of acute WET in the routine test, as defined above, or if accelerated testing was performed, the date the pattern of toxicity is demonstrated. A status report is to be provided to the Division at the 60 and 120 calendar day points of the TIE/TRE investigation. The Division may extend the time frame for investigation where reasonable justification exists. A request for an extension must be made in writing and received prior to the 180 calendar day deadline. Such request must include a justification and supporting data for such an extension. Under a TIE, the permittee may use the time for investigation to conduct a preliminary TIE (PTIE) or move directly into the TIE. A PTIE consists of a brief search for possible sources of WET, where a specific parameter(s) is reasonably suspected to have caused such toxicity, and could be identified more simply and cost effectively than a formal TIE. If the PTIE allows resolution of the WET incident, the TIE need not necessarily be conducted in its entirety. If, however, WET is not identified or resolved during the PTIE, the TIE must be conducted within the allowed 180 calendar day time frame.