2018-10-22_REVISION - M2008078 (12)

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Appendix B Page 57 of 67 Permit No.:COG500000 Appendix B—Failures/Violations of the WET Permit Limit and Automatic Compliance Response A. Failures and Violations of the Permit Limit 1. Acute Testing:An acute WET test failure violation is whenever the LC50,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. When WET testing is specified in the certification,an acute WET test failure is a violation of the permit. In the event of any acute WET test failure/violation,the permittee must provide written notification of the failure 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. 2. Chronic testing: A chronic WET test is considered to have failed one of the two statistical endpoints when either the NOEC or the IC25 are at any effluent concentration less than the IWC. The IWC for this permit has been determined to be 100% effluent,as dilution considerations do not apply to this general permit. A chronic WET test violation is when both the NOEC and the IC25 are at any effluent concentration less than the IWC. When specified in the certification,a chronic WET test failure is a violation of the permit. The permittee must provide written notification to the Division if a chronic WET test violation occurs,or if two consecutive reporting periods have resulted in failure of one of the two statistical endpoints(regardless of which statistical endpoints are failed). Such notification should explain whether it was a violation,a failure of both endpoints when only monitoring is required,or two consecutive failures of a single endpoint. The written notification must also indicate whether accelerated testing or a Toxicity Identification Evaluation or Toxicity Reduction Evaluation(TIE or TRE)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. B. Automatic Compliance Response 1. The permittee is responsible for implementing the automatic compliance response provisions of this permit when one of the following occurs: a. For all WET testing: i. there is a violation of the permit limit(as described for acute and chronic limitations above); ii. the permittee is otherwise informed by the Division that a compliance response is necessary. b. For acute WET testing: i. during a report-only period,when the LC50 endpoint is less than the applicable IWC c. For chronic WET testing: i. two consecutive monitoring periods have resulted in failure of one of the two statistical endpoints(either the IC25 or the NOEC). Note that this provision is applicable during'report'only periods as well as when permit limitations are applicable. ii. during a report only period,when both the NOEC and the IC25 are at any effluent concentration less than the IWC. 2. When one of the above listed events occurs,the following automatic compliance response shall apply. The permittee shall either: a. conduct accelerated testing using the single species found to be more sensitive as described in this appendix, Part C,or b. conduct a Toxicity Identification Evaluation/Toxicity Reduction Evaluation(TIE/TRE)investigation as described below in this appendix, Part D.