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PART I Page No. 7 Permit No.: CO-0044776 • Any pemilttee that is required to conduct a PTUTIE investigation shall do so in conformance with procedures identified in the following documents, or as subsequently updated: 1) Toxicity Identification Evaluation• Characterization of Chronically Toxic Effluents. Phase hEPA/600/6-91/OOSF May 92, 2) Methods for Aquatic Toxicity Identification Evaluations. Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 3) Methods for Aquatic Toxicity Identification Evaluations. Phase II Toxicity Identification Procedures, EPA/600/3-88/035 Feb. 1989. A fourth document in this series is Methods for Aquatic Toxicity Identification Evaluations Phase III Toxicity Confmnation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to confirm that the suspected toxicant is tmly the toxicant. This investigation is optional. Within 90 days of the determination of the toxicant or no later than 210~days after demonstration of toxicity, whichever is sooner, a control program is to be developed and received by the Division. The program shall set down a method and procedure for elimination of the toxicity to acceptable levels. e. Request For Relief The permittee may request relief from further investigation and testing where the toxicant has not been determined and the Division has determined suitable treatment does not appeaz possible. In requesting such relief, the pemrittee shall submit material sufficient to establish the following: i. It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation and other appropriate conditions as may have been required by the Division; ii: During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in the case of a POTW, pre-treatment requirements; • iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of treatment and control; and iv. Despite the circtmutances described in paragraphs i. and iii. above, the source and/or cause of toxicity could not be located or resolved. If deemed appropriate by the Division, the permit or the compliance schedule may be modified to revise the ongoing monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. f. Spontaneous Disaonearance If toxicity spontaneously disappears at any time after a test failure, the permittee shall notify the Division in writing within 14 days of a demonstration of disappearance of the toxicity. The Division may require the perrnittee to develop and submit additional information which may include, but is not limited to, the results of additional testing. If no pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed and normal WET testing shall resume. g. Toxicity Reonener This permit maybe reopened and modified (following proper administrative procedures) to include new compliance dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change in the whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the following events occur: i. Toxicity has been demonstrated in the effluent and the pernrit does not contain a toxicity limitation. ii. The PTUTIE results indicate that the toxicant(s) represent pollutant(s) that maybe controlled with specific numerical limits, and the Division agrees that the numerical controls aze the most appropriate course of action. iii. The PTUTIE reveals other unique conditions or characteristics which, in the opinion of the Division, justify the incorporation of unanticipated special conditions in the pecan[. iv. The Division may reopen this permit and impose chronic toxicity limits where chronic toxicity is identified.