PERMFILE62830

• Permit No: C1996083A
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: Exhibit 11 Colorado Discharge Permit - NPDES
• Media Type: D
• Archive: Yes

CJ
PART I
Page No. 7
Permit No. CO-0044776
A. DEFINITION OF EFFLUENT LIMITATIONS
4. Whole Effluent Toxicity Tes 'erg Rgq~remeats (Acutel - OttfaL OOZ (contLUed)
Any permittee that is required to conduct a PTI/fIE investigation shall do so is coafotmance with procedures
identified in the following documents, or as subsequently updated: 1) Methods for At;uatic Toxicity
Identification Evaluations. Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 2)
Methods for AQuatic Toxicirv Identification Evaluations. Pha=e II Toxici<y~ identification Procedures,
EPA/600/3-88/035 Feb. 1989.
A third document in this series is Methods for Agpatic Toxicity Identification Evaluations. Phase III Toxicirv
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 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.
u
e. Rewest For Relief
The permittee may request reief 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 petmittee 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 required by the Division;
u. During the period of the toxicity incident it has been in compliance with all 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 (ui) 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.
f. Spontaneous Disappeazance
If toxicity spontaneously disappeazs at any time after a test failure, the permittee shall notify the Division in
writing within 14 days of a demonstration of disappearance of the toxicity. The Division may require the
perprittee 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. Toxici 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.