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Pnxri Page No. 6 Permit No.: CO-0038776 4. Compliance Schedule (continued) ii. The permittee must, by December 31, 2005, submit a progress report summarizingg the progress in implementing the plan such that compliance with the final Total Recoverable Iron ]-mutations for Outfall 017 may be attained. iii. The pennittee must, by December 31, 2006, submit study results that show compliance has been attained with the final Total Recoverable Iron limitations for Outfall 017 maybe attained. Upon approval of the implementation plan by the Division, all temvs and conditions of the implementation plan, including but not liimted to the compliance schedule, will automatically become conditions of this permit. Progress reports must be submitted for tasks identified in the above schedule. Refer to Part I, Section D, Reporting Requirements, for specific information. No later than 14 calendar days following each date identified in the above schedule of compliance, the permittee shall submit either a report of progress or m the case of specific actions beingg required by identified dales, a written notice of compliance or noncompliance, any remedia( actions taken, and the probability of.meeting the next scheduled requirement. A schedule for the elimination of the discharge, through connection to another treatmenf system or by other means, may be substituted for this schedule of upgrading. 5. Acute WET Testine - Outfalls 004, 011. 012, 013. 016. and 017 a. Testing and Renortin¢ Reouiremen[s Tests shall be done at the frequency listed in Part LB.1. Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the reporting period during which the sample was takes (i.e., WET testing results for the fast ca endaz quarter ending March 31 shall be reported with the DMR due April 28.) The results shall be submitted on the Acute Toxicity Test report form, available from the Division. Copies of these reports aze to be submitted to both the Division and EPA along wrth the DMR. The permittee shall conduct an acute 48-hour WET test using Cerioda tints sp, and an acute 96-hour WET test using fathead minnows. Acute tests will be replacement static tests of a sing e e uent grab sample. The permittee shall conduct each acute WET test in general accordance with methods described in Methods for Measum-m¢ the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, EPA/600/4-9 27 or a most current edttton, except as mo tie y b. Failure of Test and Division Notification Ah acute WET test is failed whenever the LCso which represents an estimate of the effluent concentration which is lethal to 50% of the test organisms in the time period prescri~med b the test, is found to be less than or equal to 100% effluent. The pertnittee must provide written notification of the failure ofYa WET test to the Division, along with a statement as to whether the Prelitmm~ary Toxicity Incident ("PTT")/Toxicity Identification Evaluation ("TIE") investigation or accelerated testing is being performed (see next section). Notification must be received by the Division within 14 calendar days of the demonstration of acute WET in the routine required test. "Demonstration" for the purposes of subparts b., c., d. and f. means no later than the last day of [he laboratory test. F Automatic Corrtpliance Schedule Uuon Failure of Test If a touting acute WET test is failed, the following automatic compliance schedule shall apply. As par[ of this the pemuttee shall either: i. proceed to conduct the PTUTIE investigation as described in subpart d., or ii. conduct accelerated testing using the single species found to be more sensitive. If accelerated testing is being perforred the permittee shall provide written notification of the results within 14 calendar days of completion of the "Pattern of Toxicity"J"No Toxicittyy' demonstration. Testing will be at least once every two weeks for up to five tests until 1) two consecutive tests fail or three of five tests fail, in which case a pattern of toxicity has been demonstrated or, 2) two consecutive tests pass or three of five tests pass, in which case no pattern of toxictry has been found. If no pattern of toxicittyy is found the toxictry episode is considered to be ended and routine testing is to resume. If a pattern of toxicity is found, a PTUTIE investigation is to be perforrried. If a pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found, the Division may require an increased frequency of routine monitoring or some other modified approach. d. PTUTIE status 7e OLC 15 t0 be ZOVlaea IO me 1J1VlslOn a[ me SV OU ana YU as OinTS DI me Y1L11C mVesn anon. Ine 1J1V1510n may exten a tune sine or investigation w ere reasons le Iusn canon exists. A request or an extension must be made in writing and received prior to the 120 day deadline. Such request must include a justification and supporting data for such an extension. The permittee may use the time for investigation to conduct a PTI or move duectly into the TIE. A PTI consists of a brief search for possible sources of WET, which'mmght reveal causes of such toxicity sad appropriate corrective actions more simply and cost effectively than a formal TIE. If the PTI allows resolution of the WET incident, the TIE need not necessarily be conducted. If, however, WET is not identified or resolved during the PTI, the TIE must be conducted within the allowed 120 day time frame, Reviced 4/192004