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PARTI <br />Page No. 18 <br />Permit No.: CO-0000 <br />i <br />e. Request For Relief ~ <br />The permittee may request relief from further investigation and testing where Ithe toxicant has or has not been detemtined <br />and the Division has determined suitable treatment does not appear possible. iIn 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 other <br />appropriate conditions as may have been required by the Division; ' <br />ii. During the period of the toxicity incident it has been in compliance with ill other permit conditions, including, in the <br />case of a POTW, pre-treatment requirements; <br />iii. During the period of the tonicity incident i[ has properly maintained and operated all faoili[ies and systems of <br />treatment and control; and <br />iv. Despite the circumstances described in paragraphs i. and iii. above, the source and/or cause of toxicity could no[ be <br />located or resolved. <br />If deemed appropriate by the Division, the permit or the compliance schedule may be modified [o revise the ongoing <br />monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, <br />provided that the underlying obligation to eliminate any continuing exceedance of tha toxicity Limit shall remain. <br />f. Spontaneous Disappearance <br />If toxicity spontaneously disappears at any time after a test failure, the permittee shall notify the Division in writing <br />within 14 days of a demonstration of disappearance of the toxicity. The Division may require the permittee to develop <br />and submit additional information which may include, but is not ]united to, the results of additional testing. If no patte• <br />of toxicity is identified or recurring toxicity is not identified, the toxicity incidi;n[ response is considered closed and <br />nornal WET testing shall resume. <br />g. Toxicity Reopener <br />This permit may be reopened and modified (following proper administrative procedures) to include new compliance <br />dates, additional or modified numerical petmit limitations, a new or different compliance schedule, a change in the whole <br />effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the following <br />events occur: <br />i. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. <br />ii. The PTI/TIE results indicate that the toxicant(s) represent pollutant(s) that may be controlled with specific numerical <br />limits, and [he Division agrees [hat the numerical controls are the most appropriate course of action. <br />iii. The PTI/TIL- reveals other unique conditions or characteristics which, in the opinion of the Division, justify the <br />incorporation of unanticipated special conditions in the permit. <br />iv. The Division may reopen this permit and impose chronic toxicity limits where chronic toxicity is identified <br />B. MONITORING REQUIREMENTS <br />1. Frequency and Sample "fvpe <br />In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified un Part <br />LA.1, the permittee shall monitor' all effluent parameters at the following frequencies. Such monitoring will begin <br />immediately and last for the life of dte permit unless otherwise noted. The results of such monitoring shall be reported on the <br />Discharge Monitoring Report form (Sec PartLE.) <br />Sec Part l,C. Im' llefinitions. <br />