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.s~~>'.`.-s. DEFINITION OF EFFLUENT LII~IITATIONS PART I Page 7 Permit No. CO-0044776 6. ~'i'hole Effluent Toxiciri Testin¢ Rey ~;rements fAcntel - Ontfall 002 (continued) Any permittee that is required to conduct a PTIITIE investigation shall do so is conformance with procedures identified in the following documents, or as subsequently updated: I) Methods for Am.atic Tozicirv identification Evaluations. Phase I Tonicity .h^rac~Prinr;on Pt - d ~ c, EPA/600/6-911003 Feb. 91 and 2) Methods for Aquatic Tonicity Identification FvaluaNonc Phase Ii Tozici{y~ Identificaflon Pr d it c, EPA/600/3-88/035 Feb. 1989. A third document is this series is Methods for Aquatic Tonicity Identification Evaluations. Phase III To i itv Confirmation Procedure , EPA/600J3-881036 Feb. 1989. As indicated by the title, this procedure is intended 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 progtam shall st down a method and procedure for elimination of the tonicity to acceptable levels. e. Best For Relief The permittee may request relief from further investigation and testing where the tozicam has not been determined and the Division has determined suitable treatment does not appear possible. Iri requesting such relief, the permittee shall submit material sufficient to establish the following: I. It has complied with terms and conditions of the permit compliance schedule for the PTIfIIE investigaflon and other appropriate conditions as may have been required by the Division; ii. During the period of the toxicity incident it has been is compliance with all other permit conditions, including, in the case of a POTW, pretreatment requirements; iii. Doting the period of the toxicity incident it has properly maintained and operated all facilities and systems of treatment and control; and iv. Despite the circutostances described in pazagraphs m and (iii) 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 investigadon.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. $yontaneous Disappearance 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 disappeazance of the toxicity. The Division may require the permittee to develop and submit additional information which may include, but is not limited to, the resulu 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 Rr,Qpener 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 change in the whole effluent tonicity testing protocol, or any other conditions related to the control of toxicant 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. Amendment No. 1 Issued JUNE 28 1 999 Effective AUGUST 1 7 999