2008-09-19_PERMIT FILE - C1981018A (2)

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PART II Page No. 9 Permit No.: CO-0038024 If accelerated testing is being performed, the permittee shall provide written notification of the results within 14 • calendar days of completion of the Pattern of Toxicity/No Toxicity demonstration. Testing will be at least once every two weeks for up to five tests until; 1) two consecutive tests fail or three of five tests fail, in which case a pattern of toxicity has been demonstrated or 2) two consecutive tests pass or three of five tests pass, in which case no pattern of toxicity has been found. If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing is to resume. If a pattern of toxicity is found, a PTUTIE investigation is to be performed. If a pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found, the Division may require an increased frequency of routine monitoring or some other modified approach. d. PTUTIE The results of the PTUTIE invest~aton are to be received by the Division within 120 days of the demonstration of chronic WET in the routine test, as defined above, or if accelerated testine is performed, the date the pattern of toxicity is demonstrated._A_status report is to be provided to the Division at the 30, 60 and 90 day points of the PTUTIE investigation. The Division may extend the time frame for investigation where reasonable justification exists A request for an extension must be made in writing and received prior to the 120 day deadline. Such request must include a justification and supporting data for such an extension. The permittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of a brief search for possible sources of WET, which might reveal causes of such toxicity and appropriate corrective actions more simply and cost effectively than a formal TIE. If the PTI allows resolution of the WET incident, the TIE need not necessarily be conducted. If, however, WET is not identified or resolved during the PTI, the TIE must be conducted within the allowed 120 day time frame. Any permittee 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 I, EPA/600/6-91/OOSF May 92, 2) Methods for Aquatic Toxicity Identification • Evaluations, Phase I Toxicit~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 Confirmation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to confu-m that the suspected toxicant is truly 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 pernuttee may request relief from further investigation and testing where the toxicant has not been determined and suitable treatment does not appear possible. In requesting such relief, the permittee shall submit material sufficient to establish the following: i. It has complied with terms and conditions of the permit compliance schedule for the PTUTIE investigation and other appropriate conditions as may have been required by the WQCD; 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, pretreatment 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 circumstances described in paragraphs (i) and (iii) above, the source and/or cause of toxicity could not be located or resolved.