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PART 11 <br />Page No. 9 <br />Permit No. COG-500000 <br />Within 90 days of the determination of the toxicant or 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 set down a method and <br />procedure for elimination of the toxicity to acceptable levels. <br />3. Request For Relief <br />The permittee may request relief from further investigation and testing where the toxicant has not been determined and <br />suitable treatment does not appear possible. In requesting such relief, the permittee shall submit material sufficient to <br />establish the following: <br />i. It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation and other <br />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 the <br />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 treatment <br />and control; and <br />iv. Despite the circumstances described 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 permittee's resources, <br />provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. <br />4. Spontaneous Disappearance <br />if toxicity spontaneously disappears at any time after a test failure, the permittee shall notify the Division in writing within <br />14 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 resume. <br />5. Toxicity Reopener <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, or any other conditions related to the control of toxicants if one or more of the followin¢ events <br />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 identified toxicant(s) represent pollutant(s) that may be controlled with specific <br />numerical limits and the permit issuing authority agrees that the control of such toxicants through numerical limits is the <br />most appropriate course of action. <br />iii. The PTIME reveals other unique conditions or characteristics, which, in the opinion of the permit issuing authority, <br />justify the incorporation of unanticipated special conditions in the permit. <br />C. STORMWATER DISCHARGES <br />(This section (I.C) applies to all facilities with a potential discharge of stormwater.) <br />Stormwater Manaeement Plan (SWMP) <br />A Stormwater Management Plan (SWMP) shall be developed for each facility covered by this section (Part I.Q. The SWMP <br />shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be <br />prepared by a registered engineer.)