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PART I <br />Page No. 7 <br />Permit No. CO-0036595 <br />A. DEFINITION OF EFFLUENT LI114TI'ATIONS <br />2. Acute WET Testine - Outfall 004 (continued) <br />(e) Request For Relief <br />The permittce may request relief from further investigation and testing where the toxicant haz not been determined <br />and the Division has determined suitable treatment does not appear possible. in requesting such relief, the permute. <br />shall 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 <br />and other appropriate conditions az may have bcen required by the Division; <br />(ii) During the period of the toxicity incident it has been in compliance with all other permit conditions, <br />including, in the case of a POTW, pretreatment requirements; <br />(iii) During the period of the toxicity incident it has properly maintained and operated all facilities and systems <br />' of ttatment and convol; and <br />(iv) Despite the circumstances described in pazagraphs (i) and (iii) above, the source and/or cause of toxicity <br />could not be located or resolved. <br />If deemed appropriate by the Division, the permit or the compliance schedule may be modified to revise the ongoing <br />monitoring and [oxicity investigation requirements to avoid an unproductive expenditure of the permittce's resources <br />provided that the underlying obligation to eliminate any continuing exceedence of the toxicity limit shall remain. <br />• ~ (f) Spontaneous Disaooearance <br />If toxicity spontaneously disappears at any time after a tut failure, the permittce 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 <br />develop and submit additional information which may include, but is not limited to, the results of additional testing <br />If no pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is <br />considered closed and normal 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 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 control of toxicants if one or more of <br />the following 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 <br />numerical limits, and the Division agrees that the numerical controls are the most appropriate course of <br />action. <br />(iii) The PTI/TIE reveals other unique conditions or chazacteristics which, in the opinion of the Division, justify <br />the incorporation of unanticipated special conditions in the permit. <br /> <br />IMOY ~b.~/~ It, ISM <br />