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PART I <br />Page No. 6 <br />Permit No. CO-0044377 <br />i• <br />A. DEFWITION OF EFFLUENT LIMITATIONS <br />2. Acute 1YET Testing-Outfall 001 <br />(d) PTI/TIE (rnntinued) <br />A third document in this series is Methods for Anuatic Toxicitv Identification Evaluations. Phase III Toxicitv <br />Confirmation Procedures, EPA/600/3-88/036 Fcb. 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 da}'s 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 [he Division. The program shall set <br />down a method and procedure for elimination of the toxicity to acceptable levels. <br />(e) Request For Rclicf <br />The permittee may request rclieC from funkier investigation and testing where the toxicant haz not been determined <br />and the Division has determined suitable treatment does not appear possible. In requesting such relief, the permi[tee <br />shall submit material sufficient to establish the following: <br />(i) It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation <br />and other appropriate conditions az may have been required by the Division; <br />• <br />(ii) During the period of the toxicity incident it has been in compliance with all other permit conditions, <br />including, in the case of a POTW, pretreatment requirements; <br />(iii) During the period of the tonicity incident it has properly maintained and operated all facilities and systems <br />of treatment and control; and <br />(iv) Despite the circumstances described in paragraphs (i) and (iii) above, the source and/or cause of toxicity <br />could 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 exceedence of the tozirrty limit shall remain. <br />(~ Stwntaneous Disappearance <br />If tonicity spontaneously disappears at any time after a test failure, the petmittee 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 nqt 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 <br />considered closed and normal WET testing shall resume. <br />(g) Toxicitv Reoncncr <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 />• <br />LVOBP A'orraDrr !f, l9RI <br />