Aquatic Life Not Adversely Affected Sample Clauses

Aquatic Life Not Adversely Affected. If Ecology determines, in consultation with the RRFF and the HCP Coordinating Committee, that aquatic life has not been adversely affected by TDG resulting from ongoing Project operations, Chelan PUD shall consult with Ecology and the RRFF to determine if additional reasonable and feasible measures may exist to meet the TDG standards. If Chelan PUD concludes that no other additional reasonable and feasible measures exist to reduce TDG, Chelan PUD may petition Ecology to modify the standards to eliminate any non-compliance with such standards, by filing a timely and scientifically robust petition. Ecology will provide a schedule for the evaluation and completion of action on such rulemaking petition. Such schedule shall provide target dates for Ecology’s determination of whether to grant or deny the petition, and if granted, for submission of its proposed rule change to EPA. While such petition is pending before Ecology and EPA, no non-compliance orders or penalties for TDG violations shall be issued against Chelan PUD, as long as Chelan PUD continues to operate in accordance with the GAP and the Section 401 Certification for the Project.
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Aquatic Life Not Adversely Affected. If Chelan PUD, in consultation with the RRFF and/or the HCP Coordinating Committee, determines that no significant adverse affects on aquatic life have resulted from TDG produced by the Project, and Chelan PUD, after conducting an evaluation, and consulting with the RRFF, does not identify any additional reasonable and feasible measures to reduce TDG, Chelan PUD may petition Ecology to initiate a process to modify the applicable water quality standards to eliminate any non-compliance with such standards. Ecology will provide a schedule for the evaluation and completion of action on such rulemaking petition. Along with such other interim dates as Ecology deems appropriate, such schedule shall provide for the completion of action on the rulemaking, and submission of it to EPA for approval. While such petition is pending before Ecology, no non-compliance orders or penalties for TDG violations shall be issued against Chelan PUD, as long as Chelan PUD continues to operate in accordance with the GAP and the Section 401 certification for the Project.

Related to Aquatic Life Not Adversely Affected

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