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PARTI <br />Permit No. CO-0032638 <br />Page No. 6 <br />A. DEFINITION OF EFFLUENT LIMITATIONS <br />3. Whole Effluent Toxicity Testing Requirements (Acute) Outfalls 004 and 007 (June-February OnlYl_fcontinued <br />Within 90 days of the determination of the toxicant or no later than 210 days after demonstration of toxicity, <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 toxicity to acceptable levels. <br />e. Reouest For Relief <br />The permittee 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 appear possible. In requesting such <br />relief, the permittee shall submit material sufficient to establish [he 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 [he 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 [o avoid an unproductive expenditure of the <br />permittee's resources, provided that the underlying obligation to eliminate any continuing exceedance of the <br />toxicity limit shall remain. <br />f. Spontaneous Disappearance <br />If toxicity spontaneously disappears at any time after a test failure, the permittee shall notify the Division in <br />writing within 14 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 toxicity is identified or recurring toxicity is no[ identified, the toxicity <br />incident response is considered closed and normal WET testing shall resume. <br />g. Toxicity Reooener <br />This permit may be reopened and modifted (following proper administrative 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 events occur: <br />i) Toxicity has been demonstrated in the efFluent and the permit does not contain a toxicity limitation. <br />ii) The PTI/TIE results indicate that the toxicant (s) represent pollutant(s) that may be controlled with specific <br />numerical limits, and the Division agrees that the numerical controls are the most appropriate course of <br />action. <br />iii) The PTI/TIE reveals other unique conditions or characteristics which, in the opinion of the Division, justify <br />the incorporation of unanticipated special conditions in the permit. <br />See Part I.C. for Definitions. <br />