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PARTI <br />Page No. 7 <br />Permit No : CO-0032115 <br />It accelerated testing Is being performed, We perndttee shall provide written notification of the results within 14 <br />calendar days of completion of the "Pattern of Toricity"/"No To>acity" demonstration, Testing will be at least <br />once every two weeks for up to five tests until 1) two consecutive tests fail or three of five tests fail, in which case a <br />pattern of toxicity has been demonstrated or, 2) two consecutive tests pass or three of five tests pass, in which case no <br />pattern of toxicity has been found. If no pattern of toxicity is found the toxicity episode is considered to be ended and <br />routine testing is to resume. If a pattern of toxicity is found, a PTI/TIE investigation is to be performed. If a pattern of <br />toxicity is not demonstrated but a significant level of erratic toxicity is found, the Division may require an increased <br />frequency of routine monitoring or some other modified approach. <br />d. PTI/1'IE <br />YTI/1'IE investitation. The lllvision may extend we time [[ante for investigation where reasonable justification exists. <br />A request for an extension must be made in writing and received prior to the 120 day deadline. Such request rmist <br />include a justification and supporting data for such an extension. <br />The permittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of a <br />brief seazch for possible sources of WET, which might reveal causes of such toxicity and appropriate corrective actions <br />more simply and cost effectively than a formal TIE. If the PTI allows resolution of the WET incident, the TIE need not <br />necessarily be conducted. If, however, WET is not identified or resolved during the PTI, the TIE rmist be conducted <br />within the allowed 120 day time flame. <br />Any permittee that is required to conduct a PTI/TIE investigation shall do so in confom~ance with procedures identified <br />in the following documents, or as subsequently updated: 1) Methods for Aquatic Toxiciri Identification Evaluations. <br />Phase I Toxicity Chazacterization Procedures, EPA/600/Cr91/003 Feb. 9] and 2) Methods for Aquatic Toxiciri <br />Identification Evaluations, Phase II Toxicity Identification Procedures, EPA/600/3-88/035 Feb. 1989. <br />A third document in this series is Methods for Aquatic Toxiciri Identification Evaluations, Phase III Toxicity <br />Confirmation Procedures EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to confum <br />that the suspected toxicant is truly the toxicam. This investigation is optional. <br />Within 90 days of the determination of the toxicant or no later than 210 days after demonstration of toxicity, whichever is <br />sooner, a control program is to be developed and received by the Division. The program shall set down a method and <br />procedure for elimination of the toxicity to acceptable levels. <br />e. Request For Relief <br />The permittee may request relief from further investigation and testing where the toxicant has not been determined and <br />the Division has detemtined suitable treatment does not appeaz possible. In requesting such relief, the permfttee shall <br />submit material sufficient to establish the following: <br />i. It has complied with [arms and conditions of the permit compliance schedule for the PTI/'fIE investigation and other <br />appropriate conditions as may have been required by the Division; <br />ii. During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in the <br />case of a POTW, pretreatment requirements; <br />iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of <br />treatment and control; and <br />iv. Despite the circumstances described in paragraphs i. and iii. above, the source and/or cause of toxicity could not be <br />located or resolved. <br />If deemed appropriate by the Division, the permit or the compliance schedule may be modified to revise the ongoing <br />monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, <br />provided that die underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. <br />L Spontaneous Disaaaearance <br />If toxicity spontaneously disappears at any time after a test failure, the permittee shall notify [Ire Division in writing <br />within 14 days of a demonstration of disappearance of the toxicity. The Division may require the peanittee to develop <br />and submit additional information which may include, but is not limited to, the results of additional testing. If no pattern <br />