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PART I <br />Page 7 <br />Permit No. CO-0044776 <br />•A, DEFIIYITION OF EFFLUENT LIMITATIONS <br />6. Whole Effluent Toxicity Testing Requirements (Acute) - Outtall 002 (continued) <br />Any pertnittee that is required to conduct a PTI/TIE investigation shall do so in conformance with procedures <br />identified in the following documents, or as subsequently updated: 1) Methods for Acptatic Toxici[v_ <br />Identification Evaluations. Phase I Toxicity Chazacterization Procedures, EPA/600/6-91/003 Feb. 91 and 2) <br />Methods for Aquatic Toxicity Identification Evaluations. Phase II Toxicity Identification Procedures. <br />EPA/600/3-88/035 Feb. 1989 <br />A third document in [his series is Methods for Aquatic Toxicity Identification Evaluations. Phase IiI Toxicity <br />Confirmation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to <br />confirm that the suspected toxicant is truly the toxicant. This investigation is optional. <br />Within 90 days of the determination of the toxicant or no later than 210 days after demonstration of toziciry, <br />whichever is sooner, a control program is to be developed and received by the Division. The program shall set <br />down a method and procedure for elimination of the toziciry to acceptable levels. <br />e. Request For Relief <br />The pertttittee may request relief from further investigation and testing where the toxicant has not been <br />determined and the Division has determined suitable treatment does not appeaz possible. In requesting such <br />relief, the permittee shall submit material sufficient to establish the following: <br />I. It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation <br />and other appropriate conditions as may have been required by the Division; <br />ii, During the period of the toxicity incident it has been in compliance with all other permit conditions, <br />including, in the case of a POTW, pretreatment requirements; <br />iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems <br />of treatment 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 <br />ongoing monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the <br />permittee's resources, provided that the underlying obligation [o eliminate any continuing exceedance of the <br />toxicity limit shall remain. <br />f. Spontaneous DisaQpearance <br />If toxicity spontaneously disappears at any time after a test failure, tite permittee shall notify the Division in <br />writing within l4 days of a demonstration of disappearance of the toxicity. The Division may require the <br />permittee to develop and submit additional information which may include, but is not limited to, the results of <br />additional testing. If no pattern of toziciry is identified or recurring toxicity is not identified, the toxicity <br />incident response is considered closed and normal WET testing shall resume. <br />g. Toxici Reopener <br />• This permit may be reopened and modified (following proper adminisvative procedures) to include new <br />compliance dates, additional or modified numerical permit limitations, a new or different compliance schedule, a <br />change in the whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants <br />if one or more of the following evenrs occur: <br />I. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. <br />Amendment No. I Issued JUNE 26 7 999 Effective LLUGUST 1 1 999 <br />