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Pwxrt Page No. 6 Permit No.: CO-0038776 4. Comnliance Schedule (continued) ii. The permittee must, by December 31, 2005, submit a progress report summarizing the progress in implementing [he plan such that compliance with tfie final Total Recoverable Iron Limitations for Outfall 017 may be attained. iii. The permittee must, by December 31 2006, submit study results that show compliance has been attained with the final Total Recoverable Iron limitations for Outt~a11017 maybe attained. Upon approval of the implementation plan by the Division, all terms and conditions of the implementation plan, including but not limited to the compliance schedule, will automatically become conditions of this permit. Progress reports must be submitted for tasks identified in the above schedule. Refer to Part I, Section D, Reporting Requirements, for specific information. No later than 14 calendar days following each date identified in the above schedule of compliance, the pemilttee shall submit either a report of progress or m the case of specific actions beingg required by identified dates, a wntten nonce of compliance or noncompliance, any remedia( actions taken, and the probability of meeting the next scheduled requirement. A schedule for the elimination of the discharge, through connection to another treatment system or by other means, tray be substituted for this schedule of upgrading. 5. Acute WET Testing - Outfalls 004, 011, 012, 013.016, and 017 a. Testing and R~ortine Requirements Tests shall be done at the frequency listed in Part I.B.1. Test results shall be reported along with the Discharge 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 March 31 shall be reported with the DMR due April 28.) The results shall be submitted on the Acute Toxicity Test report form, available from the Division. Copies of these reports are to be submitted to both the Division and EPA along with the DMR. The pertnittee shall conduct an acute 48-hour WET test using Cerioda hnia sp, and an acute 96-hour WET test using fathead minnows. Acute tests will be replacement static tests of a sing e e uent grab sariiple. The peimittee shall conduct each acute WET test in general accordance with methods described in Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms. EPA/600~- l /0~7 or e most current a mos. except as modt~`ie~w b. Failure of Test and Division Notification An acute WET test is failed whenever the LCS° which represents an estimate of the effluent concentration which is lethal to 50% of the test organisms in the time period prescri(red by the test, is found to be less than or equal to 100% effluent. The pemrittee must provide written notification of the failure of a WET test to the Division, along with a statement as to whether the Preliminary Toxicity Incident ("PTI")/Toxicity Identification Evaluation ("TIE") investtgation or accelerated testing is being performed (see next section). Notification must be received by the Division within 14 calendar days of the demonstration of acute WET in the routine required test. Demonstration" for the purposes of subparts b., c., d. and f. means no later than the last day of the laboratory test. c, Automatic Compliance Schedule Uaon Failure of Test -. If a routine acute WET testis failed, the following automatic compliance schedule shall apply. As part of this the permittee shall either: i. proceed to conduct the PTI/TIE investigation as described in subpart d., or ii. conduct accelerated testing using the single species found to be more sensitive. If accelerated testing is being erfoimed, the pemrittee shall provide written notification of the results within 14 calendar days of completion of the "Pattern ofpToxicity"/"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 found. If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing is to resume. If a pattern of toxicity is found, a PT IE investigation is to be performed. If a pattern of toxicity is not demonstrated but a significant level of esatic toxicity is found, the Division may require an increased frequency of routine monitoring or some other modified approach. d. PTUTIE ~e roviaeu w me ,Jivisrvn ac me ~v ov ana yv as OmTS oI me Y 1 L l lt'. inVCSn anon. i ne Livtston may me or mveshgahon w ere reasons a lush capon exists. A request of an extension must be made in writing to the 120 day deadline. Such request must include a justification and supporting data for such an extension. The ppermittee may use the time for investigation to conduct a PTI or move duectly into the TIE. A PTI consists of a brief seazch 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. Rev6sed 4/192004