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PARTI <br />Page No. 6 <br />Permit No.: CO-0027146 <br />c. Automatic Compliance Schedule Upon Failure of Test <br />If a routine acute WET test is failed, regazdless of whether the limit is in effect, an automatic compliance schedule shall <br />apply. As part of this, the pemuttee shall either: <br />i. Proceed to conduct the PTU'TIE investigation as described in Part d., or <br />ii. Conduct accelerated testing using the single species found to be more sensifive. <br />If accelerated testing is being perforated, the pemuttee shall provide written notification of the results within 14 calendar <br />days of completion of the "Pattern of Toxicity"/"No Toxicity" demonstration. Testing will be at least once every two <br />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 <br />has been demonstrated or, 2) two consecutive tests pass or three of five tests pass, in which case no pattern of toxicity has <br />been found. If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing is to <br />resume. If a pattern of toxicity is found, a PTUTIE investigation is to be performed. If a pattern of toxicity is not <br />demonstrated but a significant level of erratic toxicity is found, the Division may require an increased frequency of <br />routine monitoring or some other modified approach. <br />d. PTUTIE <br />The results of the PTIlI'IE investieation are to be received by the Division within 120 days of the demonstration of acute <br />WET in the routine test, as defined above, or if accelerated testing isperfomted, the date the pattern of toxicity is <br />demonstrated. A status report is to be provided to the Division at the 30, 60 and 90 day points of the PTI/TIE <br />investigation. The Division may extend the time frame for investigation where reasonable justification exists. A request <br />for an extension must be made in writing and received prior to the 120 day deadline. Such request must include a <br />justification and supporting data for such an extension. <br />The pemuttee may use the time for invesfigation to conduct a PTI or move duectly into the TIE. A PTI consists of a <br />brief search for possible sources of WET, which might reveal causes of such toxicity and appropriate corrective actions <br />more simply and cost effectively than a fomtal TIE. If the PTI allows resolution of the WET incident, the TIE need not <br />necessarily be conducted. If, however, WET is not identified or resolved during the PTI, the TIE must be conducted <br />within the allowed 120 day time frame. <br />Any pemuttee that is required to conduct aPTI/TIE investigation shall do so in conforn~ance with procedures identified <br />in the following documents, or as subsequently updated: 1) Methods for Aquatic Toxicity Identification Evaluations, <br />Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 2) Methods for Aquatic Toxicity <br />Identification Evaluations. Phase II Toxicity Identification Procedures, EPA/600/3-88/035 Feb. 1989. <br />A third document in this series is Methods for Aquatic Toxicity Identification Evaluafions. Phase III Toxicity <br />Confirmation Procedures EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to confmn <br />that the suspected toxicant is tnily the toxicant. This investigation is optional. <br />Within 90 days of the determirtarion of the toxicant or no later than 210 days after demonstration of toxicity, whichever is <br />sooner, a control program is to be developed and received by the Division. The program shall set down a method and <br />procedure for elimination of the toxicity to acceptable levels. <br />e. Request For Relief <br />The permittee may request relief from further investigation and testing where the toxicant has not been de[emtined and <br />suitable treatment does not appeaz possible. In requesting such relief, the permittee shall submit material sufficient to <br />establish the following: <br />i. It has complied with temu and conditions of the pemut compliance schedule for the PTI/TIE investigation and other <br />J appropriate conditions as may have been required by the WQCD; <br />ii. During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in the <br />case of a POTW, pretreatment requirements; <br />INDperBP.doc <br />Revised 09/15/03 <br />