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Pagt I <br />Page lj of 19 <br />Permit No.: CO-0032751 <br />(i) It has complied with t~arms and conditions of the permit <br />compliance schedule for the PTI/TIE investigation and other <br />appropriate conditions as may have been required by the <br />Division; <br />(ii} During the period of the toxicity incident it has been in <br />compliance with all other permit conditions, including, in <br />the case of a POTW, pre-treatment requirements; <br />(iii) During the period of the to>I:icity incident it has properly <br />maintained and operated all facilities and systems of <br />treatment and control; and <br />(iv) Despite the circumstances described in paragraphs (i) and <br />(iii) above, the source and~or cause of toxicity could not <br />be located or resolved. <br />If deemed appropriate by the Div isi.on, the permit or the compliance <br />schedule may be modified to revise the ongoing monitoring and <br />toxicity investigation requirements: to avoid an unproductive <br />expenditure of the permittee's resources, provided that the <br />underlying obligation to eli¢~inate any continuing exceedance of the <br />toxicity limit shall remain. <br />(g) Syontaneous Disapoearance <br />If toxicity spontaneously disappears at any time after a test <br />failure, the permittee shall notify the Division in writing within <br />14 days of a demonstration o1: disappearance of the toxicity. The <br />Division may require the permfttee to develop and submit additional <br />information which may includee, but is not limited to, the results of <br />additional testing. If no pattern of toxicity is identified or <br />recurring toxicity is not identified, the toxicity incident response <br />is considered closed and nonual WET testing shall resume. <br />(h) Toxicity Reooener <br />This permit may be reopened .and modified (following proper <br />administrative procedures) to include new compliance dates, <br />additional or modified numerical permit limitations, a new or <br />different compliance schedule, a change in the whole effluent <br />toxicity testing protocol, or any other conditions related to the <br />control of toxicants if one or more of the following events occur: <br />(i) Toxicity has been de¢~onstrated in the effluent and the <br />permit does not contain a toxicity limitation. <br />(ii) The PTI/TIE results i.ndicar_e that the toxicant (s) represent <br />pollutant(s) that ma}' be controlled with specific numerical <br />limits, and the Division agrees that Che numerical controls <br />are the most appropriate course of action. <br />Amended Effective <br />