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PART I <br />Page 11 <br />Permit No. CO-0038776 <br />• MONITORING REQ17IItEhfENTS <br />3. Acute WET Testine - Outfalls 002. 004. 011 and 013 (continued) <br />Aay permittee that is required to conduct a PTIlI'IE investigaion shall do so in wafotmaa« with procedures <br />identified in the following documents, or as subsequen[ly updated: () Methods for Aouatie Toxicity [drntifitation <br />Evaluations. Phase I Tonicity Characteriratipn Procedures. EPA/600/6-91!003 Feb. 91 apd 2) Methods for Aquatic <br />Toxicity Identification Evaluazions. Phase R Tonicity identification Procedures. EPAf600/3-88/035 Feb. 1989. <br />A third da~vmrnt is this series is Methods for Aquatic Tonicity Identification Evaluations. Phase iii Tozieity <br />Confirmation Procedures. EPA/600/3.88/036 Feb. L989. As indicated by the tide, this pto«dtue is iatrnded m <br />confirm [hat the sttspected [oxicanc is tndy the mzicant. This investigaion is optional. <br />Within 90 days of the dtterminazion of the toxicant or no later than 210 days after demmnsttadon of toxicity, <br />whichever is sooner, a «n[rol program is m be developed and received by the Division. The program shall set <br />down a method and procedure for elimination of the toxicity to acceptable levels. <br />(e) Repuest For Relief <br />The pertnittee may request relief from Curther investigation and toting where the [oxican[ has no[ been determined <br />and the Division has determined suitable treatment daa not appear possible. fa requesting such relief, the permittee <br />shall submit material sufficient to establish the following: <br />(i) It has complied with terms and conditions of the permit complian« schedule for the PTVITE investigation <br />and other appropriate conditiogs as may have bees requited by the Division; <br />• (ii) During the period of the msiciry incident it has been in wmplian« with all other permit conditions, <br />including, in the ebse of a PO'IW, pretreatmen[ requite:mmts; <br />(iii) During the period of the toxicity incident it has properly maintained and operated all facilities and rystemrs <br />of tteatmrnt and control; and <br />(iv) Despite the circumstances described in paragraphs (i) and (iii) above, the sautes and/or cause of toxicity <br />could no[ be located or resolved. <br />If deemed appropriate by the Division, the permit or the «mplian« schedule may be modified m revise the ongoing <br />monitoring and toxicity investigation requirstnen[s to avoid an unproductive expenditure of the permit[ee's resourtcs, <br />provided tha[ the underlying obligation m elimin~r~ any con[inuing exceedance of the mxiciry limit shall remain. <br />(f) Spontaneous Disappearance <br />If toxicity spomaneously disappears az any time after a test failure, the permi[tee shall notify the Division in writing <br />within 14 days of a demonstration of disappearance of the [oxiciry. The Division may requite the perminee to <br />develop and submit additional information which may include, but is not limited to, the resulu of additional testing. <br />If no paztem of toxicity is identified or recurring tonicity is not identified, the toxicity ipcidrnt response is <br />considered closed and normal WET testing shall resume. <br />(g) Toxicity Reooener <br />This permit may be reopened and modified (following proper administta[ive procedures) to include new compliance <br />. dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change itr the <br />whole effluent toxicity testing protocol, or any other conditions related to the control of mzicants if one or more of <br />the following events occur. <br />Amrndment No. 2 Issued FEB 1 9 1997E~~;,,e APR 0 11991 <br />