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PART I Page No. 7 Permit No. CO-0044776 A. DEFINITION OF EFFLUENT LIMI'CATIONS 4. Whole EfFluent Toxicity Testing Requirements (Acute) - Outfall 002 fcontinuedl Any permittee that is required to conduct a PTIfTIE investigation shall do so in conformance with procedures identified in the following documents, or as subsequently updated: 1) Methods for Aquatic Toxicity Identification Evaluations. Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 2) Methods for Aquatic Toxicity identification Evaluations Phase II Toxicity Identification Procedures, EPA/600/3-88/035 Feb. 1989. A third document in this series is Methods for Aquatic Toxicity Identification Evaluations. Phase iI Toxicity Confirmation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to confirm that the suspected toxicant is truly [he toxicant. This investigation is optional. Within 90 days of the determination of the toxicant or no later than 210 days after demonsvation of toxicity, whichever is sooner, a convol program is to be developed and received by the Division. The program shall set down a method and procedure for elimination of the toxicity to acceptable levels. e. Request Far Relief The permittee may request relief from further investigation and testing where the toxicant has not been determined and the Division has determined suitable veatment does not appear possible. In 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 PTI/TIE investigation and outer appropriate conditions as may have been required by the Division; ii. During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in the case of a POTW, pre[reaunent requirements; iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of treatment and convol; and iv. Despite the circumstances described in paragraphs (i) 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 investigation requirements to avoid an unproductive expenditure of the permittee's resources, provided that the underlying obligation [o eliminate any continuing exceedance of the toxicity limit shall remain. f. Spontaneous Disappearance If toxicity spontaneously disappears at any time after a test failure, the permittee shall notify the Division in writing within 14 days of a demonstration of disappearance of the toxicity. The Division may require the permittee to develop and submit additional information which may include, but is not limited to, [he results 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. Toxicit~Reopener 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, a change in the whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of [he following events occur: i. Toxicity has been demonsvated in the effluent and the permit does not contain a toxicity limitation.