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PERNIIT, PART I <br />Page if of 13 <br />Perntit No. CO-0034142 <br />5. Preliminary 'Toxicity investigation <br />The permittee will have 15 working days from the date of demonstration of the pattern of toxicity to complete a <br />preliminary toxicity investigation and submit (date of receipt) the results to the Division, in writing. The "date of <br />demonstration' shall be the date the permittee becomes aware of the final test result that established-the pattern of toxicity. <br />The preliminary toxicity investigation may include, but is not limited to: additional chemical and biological monitoring, <br />examination of pretreatment program records, examination of discharge monitoring reports, evaluation of treatment <br />processes and chemical use, inspection of material storage and transfer areas to determine if a spill may have occurred, <br />and similar procedures. <br />If the preliminary toxicity investigation identifies a probable toxicant and/or a probgble source of toxicity, the permittee <br />shall submit, as part of its final report results, written notification m that effect to the Division. Within 30 days of <br />completing the preliminary toxicity investigation, the petmittee shall submit (date of receipt) for the Division's approval a <br />control program to control effluent toxicity, and shell proceed to implement such plan within 7 days following receipt of <br />written approval from the Division. <br />If no probable explanation for tonicity is identified in Ute 15-day preliminary toxicity investigation, a Phase 1 Toxicity <br />Reduction Evaluation (TRE) is required. The permittce shall notify the Division, as part of its final report, of its intent to <br />proceed with the Phase I TRE. <br />If toxicity disappears during the preliminary tonicity investigation, Ute permittce shall submit written notification to that <br />effect to the Division. The Division may require the permittce to conduct accelerated testing to demonstrate the continued <br />absence of toxicity. If, after completing any Division directed accelerated testing, no acute toxicity is found to exist, the <br />permittce shall resume normal quarterly testing. <br />6. WET Phase 1 THE <br />The Phase I THE performed by the petmittee shall be in general accordance with Methods for Toxicity Reduction <br />Evaluations. Phase I Toxicity Characterization Procedures (September, 1988) published by EPA, or in accordance with <br />procedures approved by the Division. If only one species demonstrated toxicity during accelerated testing, then that <br />species alone may be used in the Phase I TRE. The permittce has 45 days from the submission (date of receipt) of the <br />final report on the preliminary toxicity investigation to complete the Phase [THE and submit (date of receipt) a report to <br />the Division on the results of the study. <br />if the Phase I THE identifies a probable toxicant and/or a probable source of toxicity, the permi[tce shall submit written <br />notification to that effect to the Division as part of the report. Within 30 days of submission (date of receipt) of the Phase <br />I TRE, the permittce shall submit (date of receipt) for the Division's approval a control program to control WEf, and <br />shall proceed to implement such plan within 7 days following receipt of written approval from the Division. <br />If the Phase I THE fails to identify a probable toxicant and/or a probable source of toxicity, the permittee shall notify the <br />Division of its findings and proceed with the Phase it TRE. <br />If toxicity disappears during the Phase 1 TRE, the permittee shall submit written notification to that effut to the Division. <br />The Division may require the permittee to conduct accelerated testing to demonstrate the continued <br />absence of toxicity. If, after completing any Division directed accelerated testing, no acute toxicity is found to exist, the <br />permittce shall resume normal quarterly testing. <br />