Laserfiche WebLink
PARTI <br />Page No. 6 <br />Permit No. CO-0045080 <br />•A. DEFINITION OF EFFLUENT LIMITATIONS <br />4. Whole Effluent Toxiciri Testing Requirements (Acutel - Outfalls 004. 011 and 013 (continued) <br />A third dcetunent in this series is Methods for Aquatic Tonicity identification Evaluations. Phase III Toxicity <br />Confirmation Prceedure~, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is in[ended to <br />confirm that the suspected toxicant is truly the toxicant. This investigation is optional. <br />Within 90 days of the determination of the toxicant or no later than 2L0 days afrer demonstration of toxicity, <br />whichever is sooner, a control program is to be developed and received by the Division. The program shall set down <br />a method and procedure for elimination of the toxicity to acceptable levels. <br />e. Request For Relief <br />The permittee may request relief from further investigation and testing where the toxicant has not been determined and <br />the Division has determined suitable treatment does not appeaz possible. In requesting such relief, the pertnittee shall <br />submit material sufficient to establish the following: <br />i. It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation and <br />other appropriate conditions as may have been required by the Division; <br />ii. During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in <br />the case of a POTW, pretreatment requiremenu; <br />iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of <br />treatment and control; and <br />iv. Despite the circumstances described in pazagraphs i. and iii. above, the source and/or cause of toxicity could not <br />be located or resolved. <br />If deemed appropriate by the Division, the permit or the compliance schedule may be modified to revise the ongoing <br />monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, <br />provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. <br />f. ~oontaneous Disano at lance <br />If toxicity spontaneously disappeazs at any time afrer a test failure, the permittee shall notify ilte Division in writing <br />within l4 days of a demonstration of disappeazance of the toxicity. The Division may require the peimittee to develop <br />and submit additional information which may include, but is not limited to, the results of additional testing. If no <br />pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed <br />and normal WET testing shall resume. <br />g. Toxicity Reoyener <br />This permit may be reopened and modified (following proper administrative procedures) to include new compliance <br />dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change in the <br />whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the <br />following events occur: <br />i. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. <br />ii. The PTI/TIE results indicate that the toxicant(s) represent pollutant(s) that may be controlled with specific <br />numerical limits, and the Division agrees that the numerical controls aze the most appropriate course of action. <br />• iii. The PT[/TIE reveals oiher unique conditions or chazacteristics which, in the opinion of the Division, justify the <br />incorporation of unanticipa[ed special conditions in the permit. <br />