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kARTI <br />Page No. 18 <br />Fermi[ No.: CO-00002 <br />'' <br />e. Request For Relief <br />I <br />The permittee may request relief from further investigation and testing wherethe toxicant has or has not been detemtined <br />and the Division has determined suitable treatment does not appear possible. iIn requesting such relief, the ~permittee shall <br />submit material sufficient to establish the following: I <br />~; <br />i. It has complied with teens and conditions of the permit compliance schetl rile for the PTI/TIE investigation and other <br />appropriate conditions as tnay have been required by the Division; <br />I' <br />ii. During the period of the toxicity incident it has been incompliance with t~dl other pemrit conditions, including, in the <br />case of a POTW, pre-treatment requirements; ~ <br />iii. During the period of the toxicity incident it has properly maintained and t~perated all facilities and systems of <br />treatment and control; and <br />iv. Despite the circumstances described in paragraphs i. and iii. above, the seufce and/or cause of toxicity could not be <br />located or resolved. ~~. <br />If deemed appropriate by [he Division, the permit or the compliance schedule maybe modified to revise [he ongoing <br />monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, <br />provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. <br />f. Spontaneous Disappearance <br />If toxicity spontaneously disappears at any time after a test failure, the permittre 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 develop <br />and submit additional information which may include, but is not limited to, the results of additional testing. If no patte~ <br />of toxicity is identified or recun ing toxicity is not identified, the toxicity incident response is considered closed and <br />normal WET testing shall resume. <br />g. Toxicity Reopener <br />This pernrit 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 whole <br />effluent toxicity testing protocol, or any other conditions related to dre control of toxicants if one or more of the following <br />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 numerical <br />limits, and the Division agrees that the numerical controls are the most appropriate course of action. . <br />iii. The PTI/TIE reveals other unique conditions or characteristics which, in the, opinion of [he Division, justify the <br />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 />B. MONITORING REQUiREiVI)!NTS <br />1. Frequency and Sample 'Cvpe <br />In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part <br />LA.1, the permittee shall monitor all effluent parameters at the following frequencies." Such monitoring will begin <br />invnediately and last for the life of the permit nuless otherwise noted. "fhe results o~ such monitoring shall be reported on th~ <br />Discharge Monitoring Report form (See Part LE.) ; <br />See fart LC. for Definitions. <br />