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PARTI <br />Page No. 6 <br />Permit No.: CO-0038776 <br />4. Compliance Schedule (continued) <br />ii. The permittee must, by December 31, 2005, submit a pro ess report summarizingg the progress in implementing the plan <br />such that compliance with the final Total Recoverable Iron imitations for Ouffa11017 maybe attained. <br />iii. The permittee must, by December 31 2006, submit study results that show compliance has been attained with the final Total <br />Recoverable Iron limitations for Outt`all 017 maybe attained. <br />Upon approval of the implementation plan by the Division, all terms and conditions of the implementation plan, including but <br />not limtted to the compliance schedule, will automatically become conditions of this permit. <br />Progress reports must be submitted for tasks identified in the above schedule. Refer to Part I, Section D, Reporting <br />Requaements, for specific information. <br />No later than 14 calendar days following each date identified in the above schedule of compliance, the permittee shall submit <br />either a report of progress or m the case of specific actions being required by identified dales, a wntten notice of compliance or <br />noncompliance, any remedta~ actions taken, and the probability of meeting the next scheduled requirement. <br />A schedule for the elimination of the dischazge, through connection to another treatment system or by other means, may be <br />substituted for this schedule of upgrading. <br />5. Acute WET Testin¢ - Ouffalls 004 011, 012, 013, 016, and 017 <br />a. Testing and Reoortine Requirements <br />Tests shall be done at the frequency listed in Part LB.1. Test results shall be reported along with the Dischazge Monitoring <br />Report (DMR) submitted for the reporting period during which the sample was taken. (r.e., WET testing results for the fast <br />ca endaz quarter ending March 31 shall be reported with the DMR due April 28.) The results shall be submitted on the Acute <br />Toxicity Test repport form, available from the Division. Copies of these reports aze to be submitted to both the Division and EPA <br />along with the DMR. <br />The pemrittee shall conduct an acute 48-hour WET test using Ceriod~a hnia sp., and an acute 96-hour WET test using fathead <br />minnows. Acute tests will be replacement static tests of a sing a el flluent grab sample. The permittee shall conduct each acute <br />WET test in general accordance with methods described in Methods for Measurine the Acute Toxiciri of Effluents and <br />Receivine Waters to Freshwater and Marine Oreanisms. EPA/60~! - 27 or a most current a hon. extent as modtfie~ <br />b. Failure of Test and Division Notification <br />An acute WET test is failed whenever [he LCso which represents an estimate of the effluent concentration which is lethal to 50% <br />of the test organisms in the time period prescri(ted by the test, is found to be less than or equal to 100% effluent. The pem>ittee <br />must provide written notification of the failure of a WET test to the Division, along with a statement as to whether the <br />Preliminary Toxicity Incident ("PTI")/Toxicity Identificarion Evaluation ("TIE") invesngation or accelerated testing is being <br />performed (see next section). Notification must be received by the Diviston within 14 calendar days of the demonstration of <br />acute WET rn the routine required test. "Demonstration" for the purposes of subparts b, c., d. and f. means no later than the <br />last day of the laboratory test. <br />F Automatic Comuliance Schedule Uoon Failure of Test <br />If a ioutine acute WET testis failed, the following automatic compliance schedule shall apply. As part of this the permittee shall <br />either: <br />i. proceed to conduct the PTUTIE investigation as described in subpart d., or <br />ii. conduct accelerated testing using the single species found to be more sensitive. <br />If accelerated testing is being performed, the permittee shall provide written notification of the results within 14 calendar days of <br />completion of the " attem of Toxicity"/"No Toxicity" demonstration. Testing will be at least once every two weeks for up to <br />five tests until 1) two consecutive tests fail or three of five tests fail, in which case a pattem of toxicity has been demonstrated or, <br />2) two consecutive tests pass or three of five tests pass, in which case no pattem of toxicity has been found. If no pattem of <br />toxtctttyy rs found the toxicity episode is considered to be ended and routine testing is to resume. If a pattem of toxicity is found, <br />a PTUTIE investigation is to be performed. If a pattem of toxicity is not demonstrated but a significant level of erratic toxtcity is <br />found, the Division may require an increased frequency of routine monitoring or some other modified approach. <br />d. PTI/TIE <br />7S to be rOVlaea t0 me LivlslOn ai me SU OV ana `JV as OinTS 0I me Y Ill I11'. inVEStt anon. 1ne 111v1S10II Inay <br />ne sine or investigation w ere reasons a Ius ' cation exists. A request or an extension must be made in writing <br />prior to the 120 day deadline. Such request must include a justification and supporting data for such an extension. <br />The pperntittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of a brief <br />seazch for possible sources of WET, which might reveal causes of such toxicity and appropriate corrective actions more simply <br />and cost effectively than a fomtal TIE. If the PTI allows resolution of the T incident, the TIE need not necessarily be <br />conducted. If, however, WET is not identified ~or resolved during the PTI, [he TIE must be conducted within the allowed 120 <br />day time frame. <br />Revised 4/19f2D04 <br />