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PART I <br /> Page 21 of 67 <br /> Permit No.:COG500000 <br /> ii. Additional requirements for discharge to water quality impaired waters <br /> a) Existing Discharge to an Impaired Water with an EPA Approved or Established TMDL. Where a pollutant and <br /> applicable water quality standard has been identified,the Division may apply the monitoring requirements of <br /> Part 1.1.3 in the permit certification. <br /> When the Division determines that compliance with the other terms and conditions of this permit will not <br /> control the discharge as necessary to be consistent with the assumptions and requirements of the TMDL, <br /> including any wasteload allocation for the facility,the Division may include a site-specific water quality-based <br /> effluent limitation in accordance with Part I.C.2.b.i above in the permit certification,or inform the permittee if <br /> coverage under an individual permit is necessary. The Division may also include additional terms and <br /> conditions in the permit certification to determine whether the discharge is consistent with the assumptions <br /> and requirements of the TMDL. <br /> b) Existing Discharge to an Impaired Water without an EPA Approved or Established TMDL. Where a pollutant <br /> and applicable water quality standard has been identified,the Division may apply the monitoring requirement <br /> of Part 1.1.3 in the permit certification. Note that this provision also applies to situations where the Division <br /> determines that the discharge may need to be controlled as necessary to meet water quality standards in a <br /> downstream water segment,even if the discharge is to a receiving water that is not specifically identified on a <br /> Section 303(d)list. <br /> c) New Discharge to an Impaired Water. Where a pollutant and applicable water quality standard has been <br /> identified,the Division will make a determination whether the discharge has reasonable potential to cause or <br /> contribute to an exceedance of the applicable water quality standard for the identified pollutant. Where <br /> reasonable potential is determined,the Division will include monitoring requirements of Part 1.1.3 and/or a <br /> site-specific water quality-based effluent limitation in accordance with Part I.C.2.b.i. The water quality-based <br /> effluent limitation will be narrative,and consistent with the following statement: <br /> "Discharges authorized under this permit must be controlled as necessary to meet the applicable <br /> P rY pP <br /> water quality standard for[the subject pollutant]at the point of discharge(end of pipe)." <br /> iii. Additional requirements for discharges to waters designated as critical habitat for threatened and endangered <br /> species <br /> Where a pollutant and applicable water quality standard has been identified,the Division may apply the <br /> monitoring requirements of Part 1.1.3 in the permit certification. The Division may also include additional terms <br /> and conditions in the permit certification to determine whether compliance with the remaining terms and <br /> conditions of the permit will control the discharge as necessary to eliminate or minimize the potential for no more <br /> than minor detrimental effects to listed species in regards to receiving water mixing(October 2005 Memorandum <br /> of Agreement(MOA)entered into by the Division, EPA,and USFWS). <br /> iv. Additional requirements for new or increased discharges to reviewable waters <br /> If the Division determines that compliance with the other terms and conditions of this permit will not control the <br /> discharge as necessary to be consistent with the applicable antidegradation requirements,the Division may <br /> include additional terms and conditions in accordance with Part I.C.2.b.i above in the permit certification,or <br /> inform the permittee if coverage under an individual permit is necessary. <br /> D. WHOLE EFFLUENT TOXICITY(WET)TESTING REQUIREMENTS — Process water and stormwater <br /> The Division may require WET testing for discharges on a site-specific basis,to ensure that there are no discharges of pollutants"in <br /> amounts,concentrations or combinations which are harmful to the beneficial uses or toxic to humans,animals, plants,or aquatic <br /> life",as required by Section 31.11(1)of the Basic Standards and Methodologies for Surface Waters. WET testing requirements are <br /> identified below. Appendix B identifies the test results that constitute a failure and/or violation of WET;and automatic compliance <br /> response triggers and associated required actions. <br />