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PARTI Page 8 PeraritNo. CO-0044776 A. DEFINITION OF EFFLUENT LIMITATIONS 6. Whole Effluent Toxicity Testing Requirements (Acute) - Outfa11002 (continued) ii. The PTIlTIE results indicate that the toxicant(s) represent pollutant(s) that may be controlled with specific numerical limits, and the Division agrees that the numerical controls are the most appropriate course of action. iii. The PTIfTIE reveals other unique conditions or chazacteristics, which, in the opinion of the Division, justify the incorporation of unanticipated special conditions in the permit. 7. Whole Effluent Toxicity Testing Requirements (Chronic) Outfalls 005.006, and 007 (a) Testing and Reportine 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 Mazch 31 shall be reported with the DMR due Apri128.} The results shall be submitted on the Chronic Toxicity Test report fomr, available from the Division. Copies of these reports aze to be submitted to both the Division and EPA along with the DMR. The pennittee shall conduct each chronic WET test in general accordance with methods descnbed Short Term Methods for Estimatlne the Chronic Toxicit~of Effluents and Receivine Waters tg Freshwater Oreanisms. EPA/600/4-89!001 or the roost current edition, except as modified by the most current Division guidance document entitled Guidelines for Conductive Whole Effluent Toxicirv Tests. The permittee shall conduct such tests using Ceriodaphnia dubia and fathead nriunows. (b) Failure of Test and Division Notification A chronic WET test is failed whenever there is a statistically significant difference in lethality between the control and any effluent concentration less than or equal to the instream waste concentration ("IWC"). The IWC for this permit has been determined to be 100%. The permittee must provide written notification of the failure of a WET test to the Division, along with a statement as to whether a Preliminary Toxicity Investigation ("PTI")/toxicity Identification Evaluation ("TIE") or accelerated testing is being performed. Notification must be received by the Division within 21 calendaz days of the demonstration of chronic WET in the routine requued test. "Demonstration" for the purposes of Parts LA.7.(b),(c),(d), (f) and (g) means no later than the last day of the laboratory test. (c) Automatic Compliance Schedule Upon Failure of Test If a routine chronic WET test is failed, the following automatic compliance schedule shall apply. As part of this the pemrittee shall either: (i) proceed to conduct the PTI/I'IE investigation as descnbed in Part I.A.7.(d), or (ii) conduct accelerated testing using the single species found to be more sensitive. If accelerated testing is being performed, the permittee shall provide written notification of the results within 14 calendar days of completion of the "Pattern of Toxicity"/"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 PTLTIE investigation is to be performed. If a pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found, the Division may require an increased frequency of routine monitoring or some other modified approach. See Part I.C. for Definitions. Amended: March 4, 2002 Effective: May 1, 2002