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PART t <br />Page 11 <br />Permit No. CO-0038776 <br />6. MONITORING REQUIItEMENTS <br />3. Acute WET Testing - Oulfalls 002. 004 end 011 (continued) <br />Any permittee that is required to conduct a PTIlfIE investigation shall do so in conformance with procedures <br />identified in the following documents, or as subsequently updated: 1) Methods for Aquatic Toxicitv Identification <br />Evaluations, Phase I Toxicitv Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 2) Methods for Aquatic <br />Toxicitv Identification Evaluations. Phase ii Toxicitv Identification Procedures. EPA/600/3-88/035 Feb. 1989. <br />A third document in this series is Methods for Aquatic Toxicity Identification Evaluations. Phase !II Toxicitv <br />Confirmation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended 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 210 days after demonstration of toxicity, <br />whichever is sooner, a control program is to be developed and received by the Division. The program shall set <br />down a method and procedure far elimination of the tonicity to acceptable levels. <br />(e) Request For Retie( <br />The permittee may request relief from Further investigation and testing where the toxicant has not been determined <br />and the Division has deterrttined suitable treatment does no[ appear possible. In requesting such relief, the pennittee <br />shall submit material sufficient to establish the following: <br />(i) It has complied with terms and conditions of the permit compliance schedule for the PTIlTIE investigation <br />and other appropriate conditions as may Gave been required by the Division; <br />(ii) During the period of the toxicity incident it has been in compliance with all other permit conditions, <br />including, in the case of a POTW, pretreatment requirements; <br />(iii) During the period of the toxicity incident it has properly rnain[ained and operated all facilities and systems <br />of treatment and control; and <br />(iv) Despite the circumstances described in paragraphs (i) and (iii) above, the source and/or cause of toxicity <br />could not be located or resolved. <br />If deemed appropriate by the Division, the permit or the compliance schedule may be modified to revise the oncoin,_ <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) Spontaneous Disaooearance <br />1F toxicity spontaneously disappears at any time after a test failure, the petmittee shall notify the Division in writin_' <br />within ]4 days of a demonstration of disappearance of the toxicity. The Division may require the permittee to <br />develop and submit additional information which may include, but is not limited to, the results of additional testing. <br />if no pattern of toxicity is identified or recurring toxicity is not identifieJ, the toxicity incident response is <br />considered closed and normal WET testing shall resume. <br />(g) Toxicitv Reooener <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 qr more q( <br />the following events occur: <br />IN 11111' 4/9/YJ <br />