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(b) The Department shall review and approve the plan before initiation . <br /> (c) The plan shall be initiated within 30 days following the Department ' s written <br /> approval of the plan. <br /> (d) Progress reports shall be submitted quarterly to the Department at the address <br /> above . <br /> (e) During the implementation of the plan , the permittee shall conduct quarterly <br /> routine whole effluent toxicity tests with Menidia beryllina in accordance with 9 . d. Additional <br /> follow-up tests are not required while the plan is in progress . Following completion or termination <br /> of the plan, the frequency of monitoring for routine and additional follow-up tests shall return to the <br /> schedule established in 9 .b . ( 1 ) . If a routine test is invalid according to the acceptance criteria in <br /> EPA-821 -R-02-012 , a repeat test shall be initiated within 14 days after the last day of the invalid <br /> routine test. <br /> (f) Upon completion of four consecutive, valid routine tests that demonstrate <br /> compliance with the effluent limitation for Menidia beryllina in 9 . a. ( 1 ) above, the Respondent may <br /> submit a written request to the Department to terminate the plan. The plan shall be terminated upon <br /> written verification by the Department that the facility has passed at least four consecutive valid <br /> routine whole effluent toxicity tests . If a test within the sequence of the four is deemed invalid, but <br /> is replaced by a repeat valid test initiated within 14 days after the last day of the invalid test, the <br /> invalid test will not be counted against the requirement for four consecutive valid tests for the <br /> purpose of terminating the plan. <br /> (4) The additional follow-up testing and the plan do not preclude the Department <br /> taking enforcement action for whole effluent toxicity permit limit violations . <br /> 10 of 17 OGC File No . 08 - 1661 <br />