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• Page li of 19 <br />Permit No. 00-0000132 <br />~. MONITORING REQUIREMENTS <br />4. Acute WET Testing-Outfall 011 (continued) <br />(iii) During the period of the toxicity incident it has properly maintained <br />and operated all facilities and systems of treatment and control; and <br />(iv) Despite the circumstances described in paragraphs (i) and (iii) above, the <br />source and/or cause of toxicity could not be located or resolved. <br />If deemed appropriate by the Division, the permit or the compliance schedule may <br />be modified to revise the ongoing monitoring and toxicity investigation <br />requirements to avoid an unproductive expenditure of the permittee's resources, <br />provided that the underlying obligation to eliminate any continuing exceedance <br />of the toxicity limit shall remain. <br />(f) Spontaneous Disaooearance <br />If toxicity spontaneously disappears at any time after a test failure, the <br />permittee shall notify the Division in writing within 14 days of a demonstration <br />of disappearance of the toxicity. The Division may require the permittee to <br />develop and submit additional information which may include, but is not limited <br />to, the results of additional testing. If no pattern of toxicity is identified <br />or recurring toxicity is not identified, the toxicity incident response is <br />• considered closed and normal WET testing shall resume. <br />(g) Toxicity Reooener <br />This permit may be reopened and modified (following proper administrative <br />procedures) to include new compliance dates, additional or modified numerical <br />permit limitations, a new or different compliance schedule, a change in the <br />whole effluent toxicity testing protocol, or any other conditions related to the <br />control of toxicants if one or more of the following events occur: <br />(i) Toxicity has been demonstrated in the effluent and the permit does not <br />contain a toxicity limitation. <br />(ii) The PTI/TIE results indicate that the toxicant (s) represent pollutant(s) <br />that may be controlled with specific numerical limits, and the Division <br />agrees that the numerical controls are the most appropriate course of <br />action. <br />(iii) The PTI/TIE reveals other unique conditions or characteristics which, in <br />the opinion of the Division, justify the incorporation of unanticipated <br />special conditions in the permit. <br />• Amendment 2 Issued ~7 Ai t Effective 04 i/ 4f~ <br />