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PARTI Page No. 4 Permit No.: CO-0047562 2. Whole Effluent Toxicity -Chronic Lethality Limitation Beginning on the effective date and lasting through the expiration date, there shall be no statistically significant difference in lethality (at the 96% confidence level) behveen dte control and any effluent concentration less than or equal to I OO.DO% effluent. Suclt limitation shall apply as a daily maximum. See Part I.C. for Definitions. 3. Chronic NET Testin¢-Outfall(sl: OOlA a. Testing and Reporting Requirements Tests shall be done at the trequeucy 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 first calendar quarter ending March 31 shall be reported widt the DMR due April 28.) The results shall be submitted on the Chronic Toxicity Test report form, available from the Division. Copies of these reports are to be submitted to both the Divisiott and EPA along with the DMR. The pemtittee shall conduct each chronic WET test in general accordance widt methods described in Short Term Methods for Estimative the Chronic Toxicity of Effluents and Receivine Waters to Freshwater Or ag nisnu. EPA/600/4- 89/001 or the most current edition, except as modified by the most current Division guidance document entitled Guidelines for Conduc6ne Whole Effluent Toxicity Tests. The pennittee shall conduct such tests using Ceriodaphnia dabia and fathead minnows. b. Failure of Test and Division Notification Beginning on the effective date of the pemtit, a chronic WET testis failed whenever there is a statistically significant difference to lethality behveen the control and any effluent concentration less than or equal to the instream waste concentraton (IWC). The IWC for this pemtit has been detemrined to be I00%. The pemtittee 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)/I'oxicity Identification Evaluation ('IIE) or accelerated testing is being performed. Notification mast be received by the Divtsian within 21 calendar days of the demonstratton of chronic WET in the routhte required test. Demonstration far the purposes of Parts I.A.3.b., c., d., e. 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 pern»ttee shall either: i. Proceed to conduct the PTI/fIE investigation as described in Part LA.3.d., or ii. Conduct accelerated testing using the single species found to be more sensitive. If accelerated testtng is being performed, fire permittee shall provide written trotitication of the results within 14 calendar days of completion of the Pattern of Toxicity/No Toxicity demonstration. Testing will be at least once every hvo weeks for up to five tests until; I) hvo consecutive tests fail or three of five tests fail, in which case a pattern of toxicity has been demonstrated or 2) hvo 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 PTIlfIE 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. d. PTUT'IE The results of the PTI/1'lE Investieation are to be received by the Division wtthin 120 days o[ the demonstration of chronic WET In the routine test, as defined above, or tt accelerated festive is performed, the date the pattern of toxicity is demonstrated. A status report is to be vrovlded to the Dtvision at the 30, 60 and 90 day points of the