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PART I Page lj of 19 Permit No. 00-0032115 B. MONITORING REQUIREMENTS 4. Acute WET Testing-Outfalls 002. 005. 009. 011, 013 and 015 (continued) (e) Request For Relief (continued) (iii) During the period of the toxicity incident it has properly maintained and operated all facilities and systems of treatment and control; and (iv) Despite the circumstances described in paragraphs (i) and (iii) above, the source and/or cause of toxicity could not be located or resolved. If deemed appropriate by the Division, the permit or the compliance schedule may be modified to revise the ongoing monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, provided that the underlying obligation to eliminate any continuing exceedence of the toxicity limit shall remain. (f) Snont:ineous Disaooearance If toxicity spontaneously disappears at any time after a test failure, the permittee shall notify the Division in writing within 14 days of a demonstration of disappearance of the toxicity. The Division may require the permittee to develop and submit additional information which may include, but is not limited to, the results of additional testing. If no pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed and normal WET testing shall resume. (g) Toxicity Reooener This permit may be reopened and modified (following proper administrative procedures) to include new compliance dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change in the whole effluent toxicity testing protocol, or any other conditions related to the control of [oxicants if one or more of the following events occur: (i) Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. (ii) The PTI/1'IE results indica[e that the toxican[ (s) represent po11u[ant(s) that may be controlled wi[h specific numerical limits, and the Division agrees [hat the numerical controls are the most appropriate course of action. (iii) The PTI/TIE reveals other unique conditions or characteristics which, in the opinion of the Division, justify the incorporation of unanticipated special conditions in the permit. C. DEFINITIONS OF TERMS 1. "Acute Who 1e Effluent Toxicity" exists whenever the LC50, which represents an estimate of the effluent concentration which is lethal to 50% of the test organisms in the time period prescribed by the test, is found to be less than or equal to 100X effluent. 2. "Composite" sample is a minimum of four (4) grab samples collected at equally spaced two (2) hour intervals and proportioned according to flow. Amendment 2 Issued Effective