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PART I <br />Page 12 of 48 <br />Permit No.: C00038342 <br />The Division recommends that the EPA guidance documents regarding TIES be followed. If another method <br />is to be used, this procedure should be submitted to the Division prior to initiating the TIE. <br />If the pollutant(s) causing toxicity is/are identified, and is/are controlled by a permit effluent <br />Limitation(s), this permit may be modified upon request to adjust permit requirements regarding the <br />automatic compliance response. <br />If the pollutant(s) causing toxicity is/are identified, and is/are not controlled by a permit effluent <br />limitation(s), the Division may develop limitations the parameter(s), and the permit may be reopened to <br />include these limitations. <br />If the pollutant causing toxicity is not able to be identified, or is unable to be specifically identified, or is <br />not able to be controlled by an effluent limit, the permittee will be required to perform either item 1 or <br />item 2 below. <br />a) Conduct an investigation which demonstrates actual instream aquatic life conditions upstream and <br />downstream of the discharge, or identify, for Division approval, and conduct an alternative <br />investigation which demonstrates the actual instream impact. This should include WET testing and <br />chemical analyses of the ambient water. Depending on the results of the study, the permittee may <br />also be required to identify the control program necessary to eliminate the toxicity and its cost. <br />Data collected may be presented to the WQCC for consideration at the next appropriate triennial <br />review of the stream standards; <br />b) Move to a TRE by identifying the necessary control program or activity and proceed with <br />elimination of the toxicity so as to meet the WET effluent limit. <br />If toxicity spontaneously disappears in the midst of a TIE, the permittee shall notify the Division within 10 <br />calendar days of such disappearance. The Division may require the permittee to conduct accelerated <br />testing to demonstrate that no pattern of toxicity exists, or may amend the permit to require an increased <br />frequency of WET testing for some period of time. If no pattern of toxicity is demonstrated through the <br />accelerated testing or the increased monitoring frequency, the toxicity incident response will be closed <br />and normal WET testing shall resume. <br />The control program developed during a TRE consists of the measures determined to be the most feasible <br />to eliminate WET. This may happen through the identification of the toxicant(s) and then a control <br />program aimed specifically at that toxicant(s) or through the identification of more general toxicant <br />treatability processes. A control program is to be developed and submitted to the Division within 180 <br />calendar days of beginning a TRE. Status reports on the TRE are to be provided to the Division at the 60 <br />and 120 calendar day points of the TRE investigation. <br />If toxicity spontaneously disappears in the midst of a TRE, the permittee shall notify the Division within 10 <br />calendar days of such disappearance. The Division may require the permittee to conduct accelerated <br />testing to demonstrate that no pattern of toxicity exists, or may amend the permit to require an increased <br />frequency for some period of time. If no pattern of toxicity is demonstrated through the accelerated <br />testing or the increased monitoring frequency, the toxicity incident response will be closed and normal <br />WET testing shall resume. <br />d. Toxicity Reopener <br />This permit may be reopened and modified to include additional or modified numerical permit limitations, new <br />or modified compliance response requirements, changes in the WET testing protocol, the addition of both <br />acute and chronic WET requirements, or any other conditions related to the control of toxicants. <br />2. Chronic Wet Testing (Outfall 002) <br />