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PART I <br />Page No. 14 <br />Permit No.: CO-0000213 <br />TIE need not necessarily be conducted. If, however, WET is not identified 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 PTI/TIE investigation shall do so in conformance with procedures <br />identified in the following documents, or as subsequently updated: 1) Toxicity Identification Evaluation: <br />Characterization of Chronically Toxic Effluents Phase I, EPA/600/6-91/OOSF May 92, 2) Methods for Aquatic <br />Toxicity Identification Evaluations. Phase I Toxicity Chazacterization Procedures, EPA/600/6-9i/003 Feb. 91 and 3) <br />Methods for Aquatic Toxicity Identification Evaluations Phase II Toxicity Identification Procedures, EPA/600/3- <br />88/035 Feb. 1989. <br />A fourth document in this series is Methods for Actuatic Toxicity Identification Evaluations Phase III Toxicity <br />Confirmation Procedures, EPA/600/3-881036 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 suitable treatment does not appear possible. In requesting such relief, the permittee shall submit material <br />sufficient 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 WQCD; <br />ii. During the period of the toxicity 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 toxicity incident it has properly maintained and operated all facilities and systems of <br />treatment and control; and <br />iv. Despite the circumstances described in paragraphs (i) and (iii) above, the source and/or cause of toxicity could <br />not 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 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 disappeazs at any time after a test failure, the permittee 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 <br />develop and submit additional information, which may include, but is not limited to, the results of additional testing. <br />If no pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered <br />closed and normal WET testing shall resume. <br />g. Toxicity Reopener <br />This permit 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 <br />whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of <br />the following events occur: <br />i. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. <br />Attachment 2.05.3(3)-18-18 <br />