WHAT IS MY REGULATORY LIABILITY WITH FAILED TESTS?
Many WPDES permits contain language requiring WET monitoring to be conducted and providing specific follow up actions in the event of a test failure. Typically, two follow up tests must be performed within 60 days of the failure. Inclusion of such language in a permit does not constitute an effluent limitation and thus an effluent violation does not occur with a test failure. In certain instances such as repeated test failures, inability or unwillingness to address toxicity issues, and/or a clear potential for impact to the receiving water fish and aquatic life community, a WET effluent limitation may be included in the permit. WET limits are expressed in “Toxic Units (TU)” in WPDES permits as “1.0 TUa” (acute) or “1.0 rTUc” (chronic). Basically, once a WET limit appears in a premit, any WET test failure is a permit violation. Since WET limitations are usually implemented in situations that indicate a high likelihood that the effluent is toxic or where sensitive conditions exist, WET l
