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PART I <br />Page 13 <br />Permit No. CO-0000221 <br />A. TERMS AND CONDITIONS <br />5. Whole Effluent Toxiciri Testintt Requirements (Chronic) - Outfalls 004 end 008 (rngtinued) <br />iii. During the period of the toxicity incident it has properly maintained and operated all Facilities and systems <br />of veatment and control; and <br />iv. Despite the circumstances described in paragraphs i. and iii. above, the source and/or cause of toxicity <br />could not be 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 the underlying obligation to eliminate any continuing exceedance of [he toxicity limit shall remain. <br />f. Spontaneous Disappearance <br />If toxicity spontaneously disappeazs at any time after a test failure, the permittee shall notify the Division in writing <br />within 14 days of a demonstration of disappeazance of the toxicity. The Division may require the permittee to <br />develop and submit additional information which may include, but is no[ limited to, the results of additional testing. <br />If no pattern of toxicity is identified or recurring toxicity is nor identified, the toxicity incident response is <br />considered closed and normal WET testing shall resume. , <br />g. Toxicity Reopener <br />This permit may be reopened and modified (following proper administrative procedures) to include new compliance <br />dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change iD the <br />whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of <br />the following events occur: <br />i. Toxicity bas been demonstrated in the effluent and the permit does not contain a toxicity limitation <br />ii. The PTI;TIE results indicate that the toxicant (s) represent pollutant(s) that may be cgnvolled with specific <br />numerical limits, and the Division agrees that the numerical convols aze the most appropriate course of <br />action. <br />iii. The PTT/TIE reveals other unique conditions or chazacteristics which, in the opinion of the Division, justif}~ <br />the incorporation of unanticipated special conditions in the permit. <br />iv. The Division may reopen this permit and impose chronic toxicity limits where chronic toziciry~ is identified. <br />L J <br />INDBP 4/9/93 <br />