SECTION 252:690-3-32. Test failure notification and retesting

  Permittees shall notify DEQ by telephone within twenty-four (24) hours and in writing within five (5) days of becoming aware of a WET test failure and shall perform WET tests/retests on the affected test species. WET tests/retests are required as follows:

(1)   WET limits. If a permit contains a WET limit, monthly WET tests of the same type as the failed test are required.

(A)   If the permittee achieves three (3) consecutive passing tests, the permittee may return to its routine WET testing frequency.

(B)   If three (3) consecutive passing tests cannot be achieved in six (6) months, DEQ may require further action, including the possibility of a TIE or a TRE.

(C)   If a TIE or a TRE is required or the permittee is in the process of implementing toxicity reduction measures that have resulted from a completed TRE related to the type of failure in question, the permittee may return to its routine WET testing frequency.

(2)   Biomonitoring. If a permit does not contain a WET limit, two (2) monthly WET retests of the same type as the failed test are required during the two-month period following the month in which the test failure is experienced.

(A)   Retests are not required if the permittee is:

(i)   actively engaged in conducting a TRE, or

(ii)   in the process of implementing toxicity reduction measures that:

(I)   have resulted from a completed TRE related to the type of failure in question, and

(II)   are reflected in a DEQ-issued compliance schedule.

(B)   It is the responsibility of the permittee to request an exemption from retesting and provide a basis for the request within thirty (30) days of the completion of the failed test.

(C)   Retests cannot be substituted for regularly scheduled WET tests.

[Source: Added at 19 Ok Reg 1721, eff 6-13-02; Amended at 24 Ok Reg 1542, eff 6-15-07; Amended at 28 Ok Reg 1316, eff 7-1-11; Amended at 30 Ok Reg 1097, eff 7-1-13]