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PART 1 <br /> Page 8 of 26 <br /> Permit No.:C00000003 <br /> The Division recommends that the EPA guidance documents regarding TIES be followed. If another method is to be <br /> 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 limitation(s),this permit <br /> may be modified upon request to adjust permit requirements regarding the automatic compliance response. <br /> If the pollutant(s)causing toxicity is/are identified,and is/are not controlled by a permit effluent limitation(s),the <br /> Division may develop limitations the parameter(s),and the permit may be reopened to include these limitations. <br /> If the pollutant causing toxicity is not able to be identified,or is unable to be specifically identified,or is not able to be <br /> controlled by an effluent limit,the permittee will be required to perform either item 1 or item 2 below. <br /> 1) 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 investigation <br /> which demonstrates the actual instream impact. This should include WET testing and chemical analyses of <br /> the ambient water. Depending on the results of the study,the permittee may also be required to identify the <br /> control program necessary to eliminate the toxicity and its cost. Data collected may be presented to the <br /> WQCC for consideration at the next appropriate triennial review of the stream standards; <br /> 2)Move to a TRE by identifying the necessary control program or activity and proceed with elimination of <br /> 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 calendar <br /> days of such disappearance. The Division may require the permittee to conduct accelerated testing to demonstrate that <br /> no pattern of toxicity exists,or may amend the permit to require an increased frequency of WET testing for some <br /> period of time. If no pattern of toxicity is demonstrated through the accelerated testing or the increased monitoring <br /> frequency,the toxicity incident 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 <br /> WET. This may happen through the identification of the toxicant(s)and then a control program aimed specifically at <br /> that toxicant(s)or through the identification of more general toxicant treatability processes.A control program is to be <br /> developed and submitted to the Division within 180 calendar days of beginning a TRE. Status reports on the TRE are <br /> to be provided to the Division at the 60 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 calendar <br /> days of such disappearance. The Division may require the permittee to conduct accelerated testing to demonstrate that <br /> no pattern of toxicity exists,or may amend the permit to require an increased frequency for some period of time. If no <br /> pattern of toxicity is demonstrated through the accelerated testing or the increased monitoring frequency,the toxicity <br /> incident response will be closed and normal 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 or <br /> modified compliance response requirements,changes in the WET testing protocol,the addition of both acute and chronic <br /> WET requirements,or any other conditions related to the control of toxicants. <br /> C. DEFINITIONS OF TERMS <br /> 1. "Acute Toxicity"-The acute toxicity limitation is exceeded if the LC50 is at any effluent concentration less than or equal to <br /> the 1 WC indicated in this permit. <br /> 2. "Chronic toxicity",which includes lethality and growth or reproduction,occurs when the NOEL and IC25 are at an effluent <br /> concentration less than the I WC indicated in this permit. <br /> 3. "Composite" sample is a minimum of four(4)grab samples collected at equally spaced two(2)hour intervals and <br /> proportioned according to flow. For a SBR type treatment system,a composite sample is defined as sampling equal aliquots <br /> during the beginning,middle and end of a decant period,for two consecutive periods during a day(if possible). <br />