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COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division <br />Rationale - Page 7. Permit No. CO-0042161 <br />DISCUSSION: (Cont.) <br />H. Whole Effluent Toxicity (WET) Testing (Con[.) <br />These selected permits are limited to those facilities that have no known <br />toxicity problem or potential"for toxicity. A mandatory reopener clause <br />will be placed in this permit which calls for the imposition of limits in <br />three years in those cases where areal or potential WET problem has been <br />established. Occurrence of toxicity during the fourth and fifth years <br />calls for the immediate introduction of limits. This approach is in <br />conformance with the objective of the Region VIII NPDES WET Control <br />Program in that, under both approaches, limits will be in effect in three <br />years where there is a toxicity problem. The reference in the reopener <br />clause to federal regulations directs that such limits must conform to <br />applicable federal regulations in effect at that time. <br />The determination as to whether or not an individual facility must conduct <br />chronic WET testing is dependent upon the ratio of the chronic stream low <br />flow (30E3) to the design flow of the wastewater treatment plant. If the <br />ratio is less than 19:1, chronic WET testing is included as a permit <br />requirement. <br />In this case the ratio was determined to be 0.3:1. Therefore, chronic WET • <br />testing is required. Such testing shall be semi-annually, with two <br />species for the first year, and with only the most sensitive species <br />during years two and three. After the third year of monitoring, the <br />chronic testing requirement ends unless applicable regulations are adopted. <br />Industrial facilities having simple effluents of consistent quality, which <br />can be totally chazacterized chemically, may request a full or partial <br />waiver of WET testing for the remainder of the life of the permit, subject <br />to Division approval, if the first four quarters of testing show no <br />pattern of toxicity. <br />The permittee should read the WET testing sections of Part I.A. and I.B. <br />of the permit carefully, and should note that the test methods for the <br />toxicity tests are described in detail in the Division guidance document, <br />Guidelines for Conducting Whole Effluent Toxicity Tests. This document <br />should be read thoroughly prior to commencing the required WET testing, to <br />ensure that the permittee is aware of the various test conditions that <br />could affect the test results (e.g., sample holding time). <br />The permittee should be aware that some of the conditions outlined above <br />may be subject to change if the facility experiences a change in <br />discharge, as outlined in Part II.A.1 of the permit. Such changes shall <br />be reported to the Division immediately. <br />I. Additional Monitoring <br />As outlined in the facility description, the discharge is from the same • <br />ore body as is currently being dewatered under permit number CO-0027154. <br />