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PARTI Page No. 6 Pctmit No.: 00.0040827 The perrnittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of a brief search for possible sowces of WET, which might reveal causes of such toxicity and appropriate corrective actions more simply and cost effectively than a formal TIE. If the PTI allows resolution of the WET incident, the TIE need not necessarily be conducted. Ly however, WET is not identified or resolved during the PTI, the TIE must be conducted within the allowed 120 day time frame. Any pertnittee that is required to conduct a PTJ/CIE investigation shall do so in confom~ance with procedwes identified in the following documents, or as subsequently updated: 1) Toxiciri Identification Evaluation: Characterization of Chronically Toxic E$luents, Phase I. EPA/600/6-91YOOSF May 92, 2) Methods for Aquatic Toxiciri Identification Evaluations. Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 3) Methods for Aquatic Toxiciri Identification Evaluations, Phase II Toxiciri Identification Procedures. EPA/600/3-88/035 Feb. 1989. A fourth document in this series is Methods for Aquatic Toxicity Identification Evaluations, Phase III Toxicity Confirmation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedwe is intended to confirm that the suspected toxicant is truly the toxicant This investigation is optional. Within 90 days of the deterarination of the toxicant or no later than 210 days after demonstration of toxicity, whichever is sooner, a control program is to be developed and received by the Division. The program shall set down a method and procedure for elimination of the toxicity to acceptable levels. e. Request For Relief The permittee may request relief from further investigation and testing where the toxicant has not been determined and the Division has detemrined suitable treatment does not appeaz possible. 1'n requesting such relief, the pernrittee shall submit material sufficient to establish the following: i It has complied with terms and conditions of the pemrit compliance schedule for the PTI/TIE investigation and other appropriate conditions as may have been requited by the Division; F :::;. ii During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in the r ~:;.::- case of a POTW, pre-treatment requirements; ~- 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 descnbed in paragraphs i. and iii. above, the sowce 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 resowces, provided that the underlying obligation to eliminate nay continuing exceedance of the toxicity limit shall remain. f. Spontaneous Disappearance If toxicity spontaneously disappears at any time aRer a test failwe, the permittee shall notify the Division in writing within 14 days of a demonstration of disappearance of the toxicity. The Division may require the pemuttee 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. Toxiciri Reocener This permit maybe reopened and modified (following proper administrative procedwes) to include new corripliance dates, additional or modified numerical pemtit limitations, a new or different compliance schedule, a change in the whole efluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the following events occw: i. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. ii. The PTUTIE results indicate that the toxicant(s) represent pollutant(s) that maybe controlled with specific nuprerical limits, and the Division agrees that the numerical controls are the most appropriate cosee of action. iii. The PTT/CIE reveals other unique conditions or characteristics which, in the opinion of the Division, justify the incorporation of unanticipated special conditions in the permit. iv. The Division may reopen this pemdt and impose chronic toxicity limits where chronic toxicity is identified. i.ast Revised 8/28/2003