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Permit.Part 11 <br /> Page 17 of 26 <br /> Permit No.CO000003 <br /> iii) Five(5)times the maximum concentration value reported for that pollutant in the permit application in accordance <br /> with Section 61.4(2)(g). <br /> iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). <br /> b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent basis, of <br /> a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification <br /> levels": <br /> i) Five hundred micrograms per liter(500 µg/1); <br /> ii) One milligram per liter(1 mg/1)for antimony;and <br /> iii) Ten(10)times the maximum concentration value reported for that pollutant in the permit application. <br /> iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). <br /> 6. Bynass Notification <br /> If the permittee knows in advance of the need for a bypass,a notice shall be submitted,at least ten(10)calendar days before <br /> the date of the bypass,to the Division. The bypass shall be subject to Division approval and limitations imposed by the <br /> Division. Violations of requirements imposed by the Division will constitute a violation of this permit. <br /> 7. Bypass <br /> a. "Bypass"means the intentional diversion of waste streams from any portion of a treatment facility. <br /> b. Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass,unless: <br /> i) The bypass is unavoidable to prevent loss of life,personal injury,or severe property damage; <br /> ii) There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities,retention of untreated <br /> wastes,or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate <br /> back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a <br /> bypass which occurred during normal periods of equipment downtime or preventive maintenance;and <br /> iii) Proper notices were submitted in compliance with Part II.A.5. <br /> c. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities which <br /> causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be <br /> expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in <br /> production. <br /> d. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is <br /> for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph <br /> (a)above. <br /> e. The Division may approve an anticipated bypass,after considering adverse effects,if the Division determines that the <br /> bypass will meet the conditions specified in paragraph(a)above. <br /> 8. I sets <br /> a. "Upset'means an exceptional incident in which there is unintentional and temporary noncompliance with permit <br /> effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include <br /> noncompliance to the extent caused by operational error,improperly designed treatment facilities,inadequate <br /> treatment facilities, lack of preventative maintenance,or careless or improper operation. <br />