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J C <br />PART I <br />Page to of 14 <br />Permit No. CO-0027154 <br />B. MONITORING REQUIREMENTS <br />4. Chronic WET Testing-Outfalls 001, 005, 007 and 020 (continued) <br />Within 90 days of the determination of the toxicant or no later than 210 days after <br />demonstration of toxicity, whichever is sooner, a control program is to be developed <br />and received by the Division. The program shall set down a method and procedure for <br />elimination of the toxicity to acceptable levels. <br />(f) Reouest For Relief <br />The permittee may request relief from further investigation and testing where the <br />toxicant has not been determined and the Division has determined suitable treatment <br />does not appear possible. In requesting such relief, the permittee shall submit <br />material sufficient to establish the following: <br />(i) It has complied with terms and conditions of the permit compliance schedule <br />for the PTI/TIE investigation and other appropriate conditions as may have <br />been required by the Division; <br />(ii) During the period of the toxicity incident it has been in compliance with all <br />other permit conditions, including, in the case of a POTW, pre-treatment <br />requirements; <br />(iii) During the period of the toxicity incident it has properly maintained and <br />operated all facilities and systems of treatment and control; and <br />(iv) Despite the circumstances described in paragraphs (i) and (iii) above, the <br />source and/or cause of toxicity could not be located or resolved. <br />If deemed appropriate by the Division, the permit or the compliance schedule may be <br />modified to revise the ongoing monitoring and toxicity investigation requirements to <br />avoid an unproductive expenditure of the permittee's resources, provided that the <br />underlying obligation to eliminate any continuing exceedance of the toxicity limit <br />shall remain. <br />(g) Spontaneous Disappearance <br />If toxicity spontaneously disappears at any time after a test failure, the permittee <br />shall notify the Division in writing within 14 days of a demonstration of <br />disappearance of the toxicity. The Division may require the permittee to develop <br />and submit additional information which may include, but is not limited to, the <br />results of additional testing. If no pattern of toxicity is identified or recurring <br />toxicity is not identified, the toxicity incident response is considered closed and <br />normal WET testing shall resume. <br />Amendment No. 2 Issued Effective <br />Amendment No. 4 Issued Effective <br />