HYDRO26976

• Permit No: C1981010
• IBM Index Class Name: Hydrology
• Doc Date: 6/24/2004
• Doc Name: Permit ‎(CO-0032115)‎
• From: Colorad Department of Public Health
• To: Trapper Mining Inc
• Permit Index Doc Type: NPDES
• Media Type: D
• Archive: No

PARTI
Page No. 7
Permit No.: CO-0032115
If accelerated testing is being performed, the permittee shall provide written notification of the results within 14
calendar days of completion of the "Pattern of Tonicity"/"No Tonicity" demonstration. Testing will be at least
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
pattem of toxicity has been demonstrated or, 2) two consecutive tests pass or three of five tests pass, in which case no
pattem of toxicity has been found. If no pattern of toxicity is found the toxicity episode is considered to be ended and
routine testing is to resume. If a pattern of toxicity is found, a PTI/TIE investigation is to be performed. If a pattem of
toxicity is not demonstrated but a significant level of erratic toxicity is found, the Division may require an increased
frequency of routine monitoring or some other modified approach.
d. PTI/TIE
PTI/'TIE investigation. The Division may extend the time frame for investigation where reasonable justification exists.
A request for an extension must be made in writing and received prigr to the 120 day deadline. Such request must
include a justification and supporting data for such an extension.
The permittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of a
brief seazch for possible sources 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. If, however, WET is not identified or resolved during the PTI, the TIE must be conducted
within the allowed 120 day time frame.
Any permittee that is required to conduct a PTI/TIE investigation shall do so in conformance with procedures identified
in the following documents, or as subsequently updated: 1) Methods for Aquatic Toxiciri Identification Evaluations.
Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 2) Methods for Aouatic Toxiciri
Identification Evaluations. Phase II Toxicity Identification Procedures. EPA/600/3-88/035 Feb. 1989.
A third 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 procedure is intended to confirm
that the suspected toxicant is tmty the toxicant. This investigation is optional.
Within 90 days of the determination 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. Reouest For Relief
The permittee may request relief from further investigation and testing where the toxicant has not been determined and
the Division has determined suitable treatment does not appeaz possible. In requesting such relief, the permittee shall
submit material sufficient to establish the following:
i. It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation and other
appropriate conditions as may have been requued by the Division;
ii. During the period of the toxicity incident it has been in compliance with al] other permit conditions, including, in the
case of a POTW, pretreatment 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 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 maybe modified to revise the ongoing
monitoring and toxicity investigation requuements [o avoid an unproductive expenditure of the permittee's resources,
provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain.
f. Spontaneous Disappearance
If toxicity spontaneously disappeazs at any time after a test failure, the permittee shall notify the Division in writing
within l4 days of a demonstration of disappearance of the toxicity. The Division may require the pemdttee to develop
and submit additional information which may include, but is not limited to, the results of additional testing. If no pattern