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Part I <br />Page No. 14 <br />Permit No.: CO-0043648 <br />If deemed appropriate by the Division, the permit or the compliance schedule may be modified to revise the ongoing <br />monitoring and toxicity inves[igauon requuemen[s 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 />(g) Spontaneous Disappearance <br />If toxicity spontaneously disappears at any time after a test failure, the permit[ee shall notify the Division in writing <br />within 14 days of a demonstration of disappearance of the toxicity. The Division may require [he permittee to <br />develop and submit additional information which may include, but is not limited to, the results of additional testing. <br />[f no pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered <br />closed and normal WET testing shall resume. <br />(h) Toxicity Reopener <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 <br />the 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(I'IE results indicate that the toxicant (s) represent pollutant(s) that may be controlled with specific <br />numerical limits, and the Division agrees that the ntunerical controls are the most appropriate course of action. <br />(iii) The PTI/I IE reveals other unique conditions or characteristics which, in the opinion of the Division, justify the <br />incorporation of unanticipated special conditions in the permit. <br />(iv) The Division may reopen this permit and impose chronic toxicity limits where chronic toxicity is identified. <br />C. DEFINITIONS OF TERMS <br />1. "Composite" sample is a minimum of four (4) grab samples collected at equally spaced hvo (2) hour intervals and <br />proportioned according to flow. <br />2. "Continuous" measurement, is a measurement obtained from an automatic recording device which continually measures <br />provides measurements. <br />3. "Chronic lethality" occurs when a statistically significant difference, at the 95% confidence level, occurs in the chronic test <br />behveen the mortality of the test species in X% effluent (the chronic 1 W C = X%) and the control. <br />4. "Daily Maximum limitation" means the limitation for this parameter shall be applied as an instantaneous maximum (or, for <br />pH or D0, instantaneous minimum) value. The instantaneous value is defined as the analytical result of any individual <br />sample. DMRs shall include the maximum (and/or minimum) of all instantaneous values within the calendar month. My <br />instantaneous value beyond the noted daily maximum limitation for the indicated parameter shall be considered a violation <br />of this permit. <br />5. "Grab" sample, is a single "dip and take" sample so as to be representative of the parameter being monitored. <br />6. "In-situ" measurement is defined as a single reading, observation or measurement taken in the field at the point of <br />discharge. <br />7. "Instantaneous" measurement is a single reading, observation, or measurement performed on site using existing monitoring <br />facilities. <br />