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PARTI Page No. 5 Permit No.: CO-0042161 A. TERMS AND CONDITIONS • 3. Compliance Schedule -Total Ammonia Limitations (continued) Upon approval of the implementation plan by the Division, all terms and conditions of the implementation plan, including but not limited to the compliance schedule, will automatically become conditions of this permit. No later than 14 calendar days following each date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. A schedule for the elimination of the discharge, through connection to another treatment system or by other means, may be substituted for this schedule of upgrading. 4. Whole Eftluenl Toxicity Testing Reguiremepts -Chronic WET Testin¢-OutfaB 001 a. Testing and Reporting Requirements Tests shall be done at the frequency listed in Pan I.B.1. Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the reporting period during which the sample was taken. (i.e., WET testing results for the first calendar quarter ending March 31 shall be reported with the DMR due Apri] 28.) The results shall be submitted on the Chronic Toxicity Test report form, available from the Division. Copies of these reports are to be submitted to both dte Division and EPA along with [he DMR. • The perminee shall conduct each chronic WET test in general accordance with methods described Shott Term Methods for Estimating; [he Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, EPA/600/4-89/001 or the most current edition, except as modified by the most current Division guidance document entitled Guidelines for Conducting Whole Effluent Toxicity Tests. The permittee shall conduct such tests using Ceriodaphnia dubia and fathead minnows. b. Failure of Test and Division Notification Beginning on the effective date of the limitation, 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 this permit has been determined to be 100°6. The permittee must provide written notification of the failure of a WET test to the Division, along with a statement as to whe0ter 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 requu•ed test. "Demonstration" for the purposes of Parts I.A.4.b., c., d., e. and f. means no later than the last day of the laboratory test. 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/TIE investigation as described in Pan I.A.4.e, or • (ii) conduct accelerated testing using the single species found to be more sensitive. See Part I.C. for Defmitioas.