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~ ~ ~ PART I Pertmt No. C0-0032638 Page No. 5 A. DEFINITION OF EFFLUENT LIIvIlTATIONS 3. Whole Effluent Toxiciri Testine Reouuements (Chronic) Outfalls 004 and 007 (continued) The permittee may use the time for investigation to conduct a PTI or move duectly into the TIE. A PTI consists of a brief search 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 pemtittee 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) Toxicity Identification Evaluation: Characterization of Chronically Toxic Effluents. Phase I. EPA/600/6-91/OOSF May 92, 2) Methods for Aouatic Toxicity Identification Evaluations. Phase I Toxiciri Chazacterization Procedures. EPA/600/6-91/003 Feb. 91 and 3) Methods for Aouatic 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/60013-88/036 Feb. 1989. As indicated by the title, this procedure is intended to confirm that the suspected toxicant is truly 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 permuttee may request relief from further investigation and testing where the toxicant has not been determined and the Division has determined suitable treatment does not appear possible. In zequesting such relief the perarittee shall submit material sufficient to establish the following: i. It has complied with terms and conditions of the permit compliance schedule for the PTI/fIE investigation and other appropriate conditions as may have been requved by the Division; ii. During the period of the toxicity incident it has complied with all other permit conditions, including, in the case of a POTW,pye-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 source 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 resources, provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. L Spontaneous Disanneazance If toxicity spontaneously disappears at any time aRer a test failure, the permittee shall notify the Division in writing within 14 days of a demonstration of disappeazance of the toxicity. The Division may require the permittee to develop __ ___ and submit additional information,_which ma include but_is not limited to. the results of additional testing,. ~fno pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed and nomnl WET testing shall resttme. g. Toxicity Reopener This permit may be reopened and modified (following proper administrative procedures) to include new compliance dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change in the whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the following events occur: 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 may be controlled with specific numerical limits, and the Division agrees that the numerical controls aze the most appropriate course of action. iii. The PTI!'TIE 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 permit and impose chronic toxicity limits where chronic toxicity is identified. ISSUED: November 27, 2002 EFFECTIVE: January 1, 2003 EXPIRES: February 28, 2006