2015-03-11_PERMIT FILE - C1981038A ‎(2)‎

• Permit No: C1981038A
• IBM Index Class Name: Permit File
• Doc Date: 3/11/2015
• Section_Exhibit Name: VOLUME 8A - NPDES Permit
• Media Type: D
• Archive: Yes

PART R
Page No. 23
Permit No. COG-8500(10
iii. Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance
with Section 61.4(2)(g).
iv. The level established by the Division in accordance with 40 CFR' 122.44(f).
b. That any activity has occurred or will occur which would result in any discharge, on anon-routine or infrequent basis,
of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels":
i. Five hundred micrograms per liter (500 ug/1);
ii. One milligram per liter (1 mg/1) for antimony; and
iii. Ten (10) times the maximum concentration value reported for that pollutant in the permit application.
iv. The level established by the Division in accordance with 40 CFR' 122.44(f).
6. Bypass Notification
If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of
the bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division.
Violations of requirements imposed by the Division will constitute a violation of this permit.
7. Upsets
a. Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if
the requirements of paragraph (b) of this section are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed
contemporaneous operating logs, or other relevant evidence that:
i. An upset occurred and that the permittee can identify the specific cause(s) of the upset; and
ii. The permitted facility was at the time being properly operated and maintained; and
iii. The permittee submitted proper notice of the upset as required in Part II.A.4. of this permit (24-hour notice); and
iv. The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use
or disposal in violation of this permit, which has a reason able likelihood of adversely affecting human health or
the environment.
In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset
for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring,
modeling or other methods that the relevant standards were achieved in the receiving water.
c. Burden of Proof
In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
8. Discharge Point
Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited.
9. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the permittee as necessary to achieve compliance with the conditions