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a ~ ~' . R PARTI Permit No. CO-0032638 Page No. 4 A. DEFINITION OF EFFLUENT LIIvIITATIONS 2. Whole Effluent Toxiciri -Chronic Lethaliri Limitation for Outfalls 004 and 007 Beginning immediately and lasting through February 28, 2006, there shall be no statisrically significant difference in lethality (at the 95% confidence level) between the control and any effluent concentration less than or equal to 28.6% effluent. Such limitation shall apply as a daily maxirmrm 3. Whole Effluent Toxicity Testine Requirements (Chronic) Outfalls 004 and 007 a. Testine and Reoorlibg Reouirements Tests shall be done at the frequency listed in Part I.B.1. Test results shall be reported on the Dischazge Monitoring Report (DMR) submitted for the reporting period during which the sample was taken. (i.e., WET testing results for the fast calendaz quarter ending Mazch 31 shall be reported with the DMR due Apri128.) The results shall be submitted on the Chronic Toxicity Test report fomt, available from the Division. Copies of these reports aze to be submitted to the Division along with the DMR. The permittee shall conduct each chronic WET test in general accordance with methods described Short Term Methods for Estimatine the Chronic Toxicity of Effluents and Receivine Waters to Freshwater Oreanisms. EPA/600/4-89/001 or the most current edition, except as modified by the most current Division guidance document entitled Guidelines for Conductine Whole Effluent Toxicity Tests. The pemuttee shall conduct such tests using Ceriodaphnia dubia and fathead minnows. b. Failure of Test and Division Notification A chronic WET test is failed whenever there is a statistically significant difference in lethality between the control and any effluent concentration less than or equal to the instteam waste concentration ("IWC"). The IWC for this pemtit has been determined to be 28.6%. The permittee must provide written notification of the failure of a WET test to the Division, along with a statement as to whether a Preliminary Toxicity Investigation ("PTI")/Toxicity Identification Evaluation ("TIE") or accelerated testing is being performed. Notification must be received by the Division within 21 calendaz days of the demonstration of chronic WET in the routine required test. "Demonstration" for the purposes of Parts I.A.4.b., c., d., e. and g, means no later than the last day of the laboratory test. c. Automafic Compliance Schedule Uuon Failure of Test If a routine chronic WET test is failed, the following automatic compliance schedule shall apply. As part of this, the permittee shall either: i. proceed to conduct the PTIlfIE investigation as described in Part I.A.4.d, or ii. conduct accelerated testing using the single species found to be more sensitive. If accelerated testing is being performed, ttte permittee shall provide written notification of the results within 14 calendar days of completion of the "Pattern of Toxicity"/"No Toxicity" 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 pattern of toxicity has been demonstrated or 2) two consecutive tests pass or three of five tests pass, in which case no pattern of toxicity has - -_--- _...__been-fouad~d~ao-pattera~ftoxicity-is-found thg-toxiairy--episedo--is-sensidered-to-b~-ended-aad routine-testing is to resume. If a pattern of toxicity is found, a PTUTIE investigation is to be performed. If a pattern 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 investigation. The Division may extend the period for invesrigation where reasonable justification exists. A request for an extension must be made in writing and received before the 120-day deadline. Such request nnlst include a justification and supporting data for such an extension. ISSUED: November 27, 2002 EFFECTIVE: January 1, 2003 EXPIRES: February 28, 2006