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PARTI Page No. 17 • Permit No.: CO-0000221 Outfall WTH (outfalls 012, 013 and 014- Beginning on [he effective date of the ]imitation (January 1, 2008) 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 these outfalls has been determined to be 100% for the 1", 3`d and 4`h quarters, and 83% for the 2nd quarter. The permit[ee must provide written notification of [he failure of a WET test to [he 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 calendar days of the demonstration of chronic WET in the routine required test. "Demonstration" for the purposes of subparts b., c., d., e. and g. means no later than the last day of the laboratory test. Prior to the ]imitation becoming effective, the permittee is to monitor and report the WET test results for these outfalls. 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 permittee shall either: i. proceed to conduct the PTI/TTE investigation as described in subpart d., or ii. conduct accelerated testing using the single species found to be more sensitive. If accelerated testing is being performed, the permi[tee shall provide written notification of the results within 14 calendar days of completion of the "Pattern of Toxicity"/"No Toxicity" demonstration. Testing will beat least once every two weeks for up to five tests until; 1) two consecutive tests fail or three of Hve tests fail, in which case a pattem 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 pattem of toxicity is found the toxicity episode is considered to be ended and routine testing is to resume. If a pattem of toxicity is found, a PTl/TIE investigation is to be performed, If a pattem 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. PTI/TIE The petmittee may use the time for investigation to conduct a~PTI or move directly into the TIE. A PTI consists of a brief search for possible sources of WET, which might reveal causes of such toxicity and appropriate corrective actions more simply and cost effectively than a formal TIE. If [he PTL allows resolution of the WET incident, the TIE need not necessarily be conducted. If, however, WET is not identified or resolved during the PTI, the TIE must be conducted within [he allowed 120 day time frame. Any pennittee that is required to conduct aPTI/TIE investigation shall do so in conformance with procedures identified in the following documents, or as subsequently updated: 1) Toxicity Identification Evaluation: Characterization of Chronically Toxic Effluents, Phase I, EPA/600/6-91/OOSF May 92, 2) Methods for Aquatic Toxicity Identification Evaluations. Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 3) Methods for Aquatic Toxicity Identification Evaluations. Phase II Toxicity Identification Procedures, EPA1600/3-88/035 Feb. 1989. A fourth document in this series is Methods for Aquatic Toxicity Identification Evaluations, Phase III 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 tmly the toxicant. This investigation is optional. Within 90 days of the determination of the toxicant or no later than Z10 days after demonstration of toxicity, whichever is sooner, a control 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. A request for an extension must be made in writing and received prior to [he 120 day deadline. Such request must include a justification and supporting data for such an extension.