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PART I <br />Page No. 7 <br />Petmit No.: CO-0042161 <br />DEFINITION OF EFFLUENT LIMITATIONS <br />4. Whole Effluent Toxicity Testing Requirements -Chronic WET Testing-Outfall 001 (continued) <br />(i) It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation <br />and other 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 all other permit conditions, <br />including, in the case of a POTW, pre-treatment requirements; <br />(iii) During the period of the toxicity incident it has properly maintained and operated all facilities and systems <br />of treatment and control; and <br />(iv) Despite the circumstances described in paragraphs (i) and (iiij 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 <br />ongoing monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the <br />permittee's resources, provided that the underlying obligation to eliminate any continuing exceedance of the <br />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 <br />• writing within 14 days of a demonsvation of disappearance of the toxicity, The Division may require the <br />permittee to develop and submit additional information, which may include, but is not limited to, the results of <br />additional testing. If no pattern of toxicity is identified or recurring toxicity is not identified, the toxicity <br />incident response is 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 <br />compliance dates, additional or modified numerical permit limitations, a new or different compliance schedule, a <br />change in the whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants <br />if one or more of 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/fIE results indicate that the toxicant(s) represent pollutattt(s) that may be convolled with specific <br />nwnerical limits, and the Division agrees that the numerical convols are the most appropriate course of <br />action. <br />(iii) The PTI/TIE reveals other unique conditions or characteristics which, in the opinion of the Division, justify <br />the 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 /> <br />