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PART I <br />Page 6 <br />Permit No. CO-0027146 <br />A. TERMS AND CONDITIONS <br />4. Whole Effluent Toxicity Te`cting R~puirements [Acute) - Outfalls 001 002 004 and 015 (continued) <br />ii. conduct accelerated testing using the single species found to be more sensitive. <br />If accelerated testing is being performed, the permittee shall provide written notification of the results within 14 <br />calendar days of completion of the "Pattern of Toxicity"/"No Toxicity" demonstration. Testing will be at least <br />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 <br />pattern of toxicity haz been demonsvated or, 2) two consecutive tests pass or three of five tests pazs, in which caze no <br />pattern of toxicity has been found. If no pattetn of toxicity is found the toxicity episode is considered to be ended and <br />routine testing is to resume. If a patem of toxicity is found, a PTI/TIE investigation is to be performed. If a pattern <br />of toxicity is not demonsvated but a significam level of erratic toxicity is found, the Division may require an increased <br />frequency of routine monitoring or some other modified approach. <br />d. PTI/TiE <br />The results of the PTI/TIE investigation are to be received by the Division within 120 days of the demonsttation <br />of acute WET in the routine test. as defined above. or if accelerated testinE is performed. the date the pattern of <br />toxicity is demonstrated. A status report is to be provided to the Division at the 30. 60 and 90 day points of the <br />PTI/TIE investigation. The Division may extend the time frame for investigation where reazonable justification <br />exists. A request for an extension must be made in writing and received prior to the 120 day deadline. Such request <br />must include a justification and supporting data for such an extension. <br />The permittee may use the time for investigation to conduct a PTI or move duectiy into the TIE. APT[ consists of a <br />brief search for possible sources of WET, which might reveal causes of such toxicity and appropriate corrective <br />actions more simply and cost effectively than a formal TIE. If the PTI allows resolution of the WET incident, the TIE <br />need not necessarily be conducted. If, however, WET is not identified or resolved during the PTI, the T1E must be <br />conducted within the allowed 120 day time frame. <br />Any permittee that is required to conduct a PTUTIE investigation shall do so in conformance with procedures <br />identified in the following documents, or az subsequently updated: 1) Methods for Aqpatic Toxicity identification <br />F_valuationt. Phase i Toxicity Characterization Procedures, EPA/h00/ti-91/003 Feb. 91 and 2) Methods for Anuatic <br />Tozici identification Evaluations. Phase II Tonicity Identification Procedures, EPA/600/3-88/035 Feb. 1989. <br />A third document in this series is Methods for Amtatic Toxicity Identification Evaluations. Phase RI Toxicity <br />Confirmation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to <br />confirm that the suspected toxicant is truly the toxicant. This investigatop is optiopal. <br />Within 90 days of the determination of [he toxicant or na later than 210 days after demonsvation of toxicity, <br />whichever is sooner, a convol program is to be developed and received by the Division. The program shall set down <br />a medtod and procedure for eliminatiop of the toxicity to acceptable levels. <br />e. Rgquest For Relief <br />The permittee may request relief from furdter investigation and testing where [he toxicant haz not been determined and <br />the Division has determined suitable veatment does not appear possible. In requesting such relief, the permittee shall <br />submit material sufficient to establish the following: <br />i. it has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation and <br />other appropriate conditions az may have been required by the Division; <br />u. During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in <br />[he case of a POTW, preveatment requirements; <br />iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of <br />veatment and convol; and <br />iv. Despite the circumstances described in pazagraphs (i) and (iii) above, the source and/or cause of toxicity could not <br />be located or resolved. <br />