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<br />City of San Marcos <br /> <br />TPDES Permit No. WQOOI0273002 <br /> <br />Copies of the TRE Activities Report shall also be submitted to the U.S. EPA Region 6 office. <br /> <br />e. During the TRE, the permittee shall perform, at a minimum, quarterly testing using the mOTe sensitive <br />species; testing for the less sensitive species shall continue at the frequency specified in Part 1.b. <br /> <br />f. If the effluent ceases to effect significant lethality (herein as defined below) the permittee may end the TRE. <br />A "cessation oflethality" is defined as no significant lethality for a period of 12 consecutive months with at <br />least monthly testing. At the end of the 12 months, the permittee shall submit a statement of intent to cease <br />the TRE and may then resume the testing frequency specified in Part l.b. The permittee may only apply the <br />"cessation oflethality" provision once. <br /> <br />This provision accommodate situations where operational errors and upsets, spills, or sampling errors <br />triggered the TRE, in contrast to a situation wherc a single toxicant or group of toxicants cause lethality. <br />This provision does not apply as a result of corrective actions taken by the permittee. "Corrective actions" <br />aTe herein defined as proactive efforts which eliminate or reduce effluent toxicity. These include, but are <br />not limited to, source reduction or elimination, improved housekeeping, changes in chemical usage, and <br />modifications of influent streams and/or effluent treatment. <br /> <br />The permittee may only apply this cessation of lethality provision once. If the efflucnt again demonstrates <br />significant lethality to the same species, the permit will be amended to add a WET limit with a compliance <br />period, if appropriate. However, prior to the effective date of the WET limit, the permittee may apply for <br />a permit amendment removing and replacing the WET limit with an alternate toxicity control measure by <br />identifying and confmning the toxicant and/or an appropriate control measure. <br /> <br />g. The permittce shall complete the TRE and submit a Final Report on the TRE Activities no later than 28 <br />months from the last test day ofthe retest that confirmed significant lethal effects at the critical dilution. The <br />permittee may petition the Executiye Director (in writing) for an extension of the 28-month limit. However, <br />to warrant an extension the permittee must have demonstrated due diligence in their pursuit of the TIErrRE <br />and must prove that circumstances beyond their control stalled the TIEfTRE. The report shall pTOvide <br />information pertaining to the specific control mechanism(s) selectcd that will, when implemented, result in <br />reduction of effluent toxicity to no significant lethality at the critical dilution. The report will also provide <br />a specific corrective action schedule for implementing the selected control mechanism( s). A copy of the TRE <br />Final Report shall also be submitted to the U.S. EPA Region 6 office. <br /> <br />h. Based upon the results of the TRE and proposed corrective actions, this permit may be amended to modifY <br />the biomonitoring requirements, where necessary, to require a compliance schedule for implementation of <br />corrective actions, to specifY a WET limit, to specifY a BMP, and/o:r to specifY CS limits. <br /> <br />Page 31 <br />