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DEFINITION OF EFFLUENT LIMITATIONS (Continued) <br />PARTI <br />Page No. 6 <br />Pert No.: CO-0034142 <br />A fourth document in this series is Methods for Aouatic Toxiciri Identification Evaluations Phase III Toxicity Confirmation <br />Procedures. EPA/600/3-88/036 Feb. 1989. As indicated by the rifle, this procedure is intended to confirm that the suspected <br />toxicant is truly the toxicant. This investigation is optional. <br />Within 90 days of the deterrrtirtation of the toxicant ar no later than 210 days after demonstration of toxicity, whichever is <br />sooner, a control program is to be developed and received by the Division The program shall sat down a method and <br />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 and the ' <br />Division has determined suitable treatment does not appeaz possible. ~-In requesting such relief, the pennittee shall submit <br />material sufficient to establish the following: .. . <br />(i) It has complied with terms and conditions of the permit compliance schedule for the PTLTIE investigation and other <br />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, including, in the case <br />of a POTW; pie-treatment requirements; <br />(iii) During the period of the toxicity incident it has properly maintained and operated all facilities and systems of treatment <br />and control; and <br />(iv)Despite the circumstances descnbed in paragraphs (i) and (iii) above, the source and/or cause of toxicity could not be <br />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 toxicity investigation requirements to avoid an unproductive expenditure of the pemzittee's resotuces, provided <br />that the underl}~ing obligation to eliminate any continuing exceedence of the toxicity limit shall remain. <br />(g) Spontaneous Disanoearance ~ ~. , <br />If toxicity spontaneously disappeazs at any time after a test failure, the permittee shall notify the Division in writing within 14 <br />days of a demonstration of disappearance of the toxicity. The Division may require the permittee to develop and submit <br />additional information which may include, but is not limited to, the results of additional testing. If no pattern of toxicity is <br />identified or recurring toxicity is not identified, the toxicity incident response is considered closed and normal WET testing <br />shall restune. <br />(h) ToxiciriReonener <br />This permit may be reopened and modified (following proper administrative procedures) to include new compliance dates, <br />additional or modified numerical permit limitations, a new or different compliance schedule, a change in the whole effluent <br />toxicity testing protocol, of any other conditions related to the control of toxicants if one or more of the following events <br />occur: <br />(i) Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. <br />(H) The PT]lTIE results iadicate that the toxicant (s) represent po]]utant(t) that may be controlled with specific .nttmerica <br />limits, and the Division agrees that the numerical controls aze the most appropriate course of action <br />(iii) The PTllTIE reveals other unique conditions or characteristics, which, in the opinion of the Division, justify th <br />incorporation of unanticipated special conditions in the permit. <br />(iv)The Division may reopen this permit and impose chronic toxicity limns where chronic toxicity is identified. <br />