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PART I <br />Page 6 of 22 <br />Permit No.: CO-0001244 <br />The results of the PTI/TIE investigation are to be received by the Division within 120 days of the demonstration of <br />chronic WET in the routine test, as defined above, or if accelerated testing is performed, the date the pattern of toxicity is <br />demonstrated. A status report is to be provided to the Division at the 30, 60 and 90 day points of the PTUTIE <br />investigation. The Division may extend the time frame for investigation where reasonable justification exists. A request <br />for an extension must be made in writing and received prior to the 120 day deadline. Such request must include a <br />justification and supporting data for such an extension. <br />The permittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of a <br />brief search for possible sources of WET, which might reveal causes of such toxicity and appropriate corrective actions <br />more simply and cost effectively than a formal TIE. If the PTI allows resolution of the WET incident, the TIE need not <br />necessarily be conducted. If, however, WET is not identified or resolved during the PTI, the TIE must be conducted <br />within the allowed 120 day time frame. <br />Any permittee that is required to conduct a PTUTIE investigation shall do so in conformance with procedures identified <br />in the following documents, or as subsequently updated: 1) Toxicity Identification Evaluation: Characterization of <br />Chronically Toxic Effluents, Phase I, EPA/600/6-91/005F May 92, 2) Methods for Aquatic Toxicity Identification <br />Evaluations, Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 3) Methods for Aquatic <br />Toxicity Identification Evaluations, Phase II Toxicity Identification Procedures, EPA/600/3-88/035 Feb. 1989. <br />A fourth document in this series is Methods for Aquatic Toxicity Identification Evaluations, Phase III Toxicity <br />Confirmation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to confirm <br />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, 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 />e. 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 <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 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 />f. Spontaneous Disappearance <br />If toxicity spontaneously disappears 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 develop <br />and submit additional information, which may include, but is not limited to, the results of additional testing. If no pattern <br />of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed and <br />normal WET testing shall resume.