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PERNIIT, PART I Page ig of 13 Permit No. (;0-0034142 7. WET Phase II THE A plan for a Phase II THE shell be submitted (date of receipt) to the Division by the permittee within 60 days of the submission (date of receipt) of the Phase I THE Repot. The Phase II TRE, az submitted to or revised by the Division, shall be incorpotated into the permit az a modified compliance schedule. - The Phae II THE plan shall include the scope, meUrods, procedures, reporting requirements, and schedules. A Phase 1[ THE may follow either of two directions, az appropriate: toxicant treatability studies, or tozicamUsource identification and wntrol studies. Toxicant treatability studies are designed to assess the feasibility of eliminating; WET via addition or modification of treatment processes at the wastewater treatment facility. Toxicant/source identification and control efforts are designed to identify toxicants, identify the sources of toxicants, and control whole effluent toxicity by eliminating the introduction of toxicants into the waztewater treatment facility. Toxicity identification studies performed by the permittce shall be in general accordance with accepted methods for Tonicity Identification Procedures and Toxicity Confirmation Procedures. The Phase II THE permit conditions may be amended, if so requested and justified by the permittee. The Phase II THE report shall indicate the results of the Phae II THE study. If the Phase ll 'I'RE results in the identification of the toxicants, the sources of toxicants or treatment for elimination of the toxicant, the permittce shall submit for Division approval a control program to control WET within 60 days of submission idate of receipt) of the Phase II THE Report, and shall proceed to implement such plan within 7 days following receipt of written approval from the Division. If toxicity disappears during the Phase II TRE, the permittee shall submit written notification to that effect to the Division. The Division may require the permittce to conduct accelerated testing to demonstrate the continued absence of toxicity. If, after completing any Division directed accelerated testing, no acute toxicity is found to exist, the permittee shall resume normal quarterly testing. 8. WET Control Procram If required pursuant to Part I.B of this permit, the permittee shall develop a control program to eliminate WET, through the identification and elimination of any toxicants or toxicant sources responsible for WEI', or through the identification and implementation of toxicant treatability processes. The control program, along with any co:;Ubenefit analysis to determine whether the costs of construction bear a reasonable relationship to the resulting benet5ts, shall be submitted within the specified time frames. Such cost benefit analysis shall be used in accordance with S.etion 25-8-503(8) and (9), C.R.S. The control program, az submitted to or revised by the Division, may be incorporated into the permit. A control program may include, but shall not be limited to: additional pretreatment requirements imposed on specific indirect permittees by POTW's, modification of internal source control programs by industries, modifications of treatment plants, and/or best management practices for spills, leaks, etc. 9. Toxicity Incident Closure If WET is controlled through implementation of numeric limits for specific toxicants, through a control program eliminating toxicants from Ute waste stream, or through the implementation of treatment processes, or if WET disappears and Division required accelerated testing demonstrates the continued absence of toxicity, the to:ticity incident response shall be considered closed and normal quarterly monitoring shall resume. If the permittee completes all required phases of the toxicity incident response specified in compliance schedules, and is unable either to identify the causative toxicants and their sources or to identify feasible treatment options, the permittee may petition the Division for relief from further investigation and testing, consistent with the permit regulations.