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<br />A. TERMS AND CONDITIONS <br />PARTI <br />Pagc 10 <br />Permit Nu CO-0000221 <br />J. Whole Effluent Toxicity Testinp Requirements (Acute) - Outfalls 002, 003. Ul)5. 006. O10, UI I. 012. 013. 014 016 <br />and 017 (continued) <br />The perrntttee may use the time (or investigation to conduct a PTl ur move directly into the TIE. APT[ consists of a <br />brief search For possible sources of WET, whtch might reveal causes of such toxicity and appropriate corrective <br />actions more simply and cost effectively than a formal TIE. If the PTI aVlows resolution of the WET incident, the <br />TIE need not necessarily be conducted. If, however, WET is not idenuficd or resolved during the PTI, the TIE must <br />be conducted within the allowed 120 day time frame. <br />Any permittee that is required to conduct a PTl/TIE investigation shall do so in conformance with procedures <br />identified in the following documents, or as subsequently updated: 1) Methods for Aquatic Toxiciry Identification <br />Evaluations. Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 2) tvtethods for Aquatic <br />Toxicit~ldentification Evaluatmns Phase II Toxiciry Identification Procedures, EPA/600/3-88/035 Feb. 1989. <br />A third document to this series is Alethods For Aquatic Toxiciry Identification Evaluations Phase 111 Tonicity <br />Confirmation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to <br />confirm that the suspected toxicant is truly the toxicant. This investigation is optional. <br />Within 90 days of the determination of the toxicant or no later than 210 days after demonstration of toxicity, <br />whichever is sooner, a control program is to be developed and received by the Division. The program shall set down <br />a method and procedure for elimination of the toxicity to acceptable levels. <br />e. Request For Relief <br />• The permittee may request relief from further investigation and testing where the toxicant has not been determined <br />and the Division has determued suitable treatment does not appear possible. In requesting such relief, the permittee <br />shall submit material su[ficient to establish the following: <br />I. It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation and <br />other appropriate conditions as may have been required by the Division; <br />ii. During the period of the toxiciry incident it has been in compliance with all other permit conditions, including, in <br />the case of a POTW, pretreatment requirements; <br />iii. During the period of the toxiciry incident n has properly maintained and operated all facilities and systems of <br />treatment and control; and <br />iv. Despite the circumstances described in paragraphs (1) and (iii) above, the source and/or cause of toxiciry could not <br />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 toxiciry investigation requirements to avoid an unproductive expenditure of the permittee's resources, <br />provided that the underlying obligation to eliminate any continumg exceedance of the toxiciry limit shall remain. <br />Spontaneous Disap.Qeamnce <br />((toxiciry spontaneously disappears at any time after a test (allure, the permittee shall notify the Division in writing <br />within I4 days o(a demonstration of disappearance of the toxicity. The Division may regmre the permittee to <br />develop and submit additional in(ormatio^ which may include, but is not limited to, the results of additional testing <br />If no pattern of toxiciry is idenutied or recurring toxiciry is not identified, the toxictry incident response is considered <br />closed and normal WET testing shall resume. <br />+ Corrected 7/?5/97 <br />• Amendmem No I Issued) UL ~ ~ ~TQQ _ Effective CGp ~ 1 ~~QQ <br />zr- ~~ <br />