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4. Noncompliance Notification (continued) PART I[ Page No. 19 Permit No.: CO-0038176 i) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the cause of the incident; ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit; iii) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the pemvt; fv) Daily maximum violations for any of the ppollutants linuted by Part LA of this permit and s ecified as requiring 24-hour notification. This includes any toxtc pollufwt or hazazdous substance or any pollutant spec' rcally identified as the method to control any toxic pollutant or hazardous substance. c. The permittee shall report instances of non-compliance which are not required to be reported within 24-hours at the time Discharge Monitoring Keports aze submitted. The reports shall contain ttre information listed to sub-pazagraph (a) of this section. 5. Other Notification Requirements Reports of compliance or noncompliance with or any progress reports on, interim and final requirements contained in any compliance schedule rn the pemut shall be su(itnitted no later than fourteen (14) days following each scheduled date, unless otherwise provided by the Divtsion. The ppermittee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of pemrit as provided in Part II.B.:i. The pemuttee's notification of all anticipated noncompliance does not stay any permit condition. All existing manufacturing, commercial, mining, and silvicultural dischargers must nofify the Division as soon as they know or have reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which rs not lirmted in the permit, if that dischazge will exceed the highest of the following "notification levels": i) One hundred micrograms per liter (100 ug/1); ii) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mg/1) for antunony; iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 61.4(2)(8). iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). b. 'That any activity has occurred or will occur which would result in any dischazge, on anon-routine or infrequent basis of a toxic pollutant which is no[ limited in the permit,.if that discharge will exceed the highest of the following "notification levels": i) Five hundred micrograms per liter (500 ug/I); ii) One milligram per liter (1 mg/I) for antimony; and iii) Ten (10) times the maximum concentration value reported for [ha[ pollutant in the permit application. iv) The level established by the Division in accordance with 40 C.F.R § 122.44(f). 6. Bwass Notification If the perriuttee knows is advance of the need for a bypass, a notice shall he submitted; at least ten days before the date of the bypass to the Division, The byyppass Shall be. subject to Division approval and limitations imposed by the Division. Violations of requirements imposed by tfie Division will constitute a violation of this permit. 7. Upsets a. Effect of an Upset An upset constitutes an affirmative defense to an action brou t for requirements of pazagraph (b) of this section aze met. No de ennina noncompliance was caused by upset, and before an action for noncorrq review. b. Conditions Necessary for a Demonstration of Upset if A pemrittee 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 faci$ty was at the time being properly operated and maintained; and iii) The pernaittee 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 m;n;m;oe or prevent anyy~ dischazge or sludge use or disposal in vrolation of this permit, which has a reason able likelihood of adversely attecting human health or the environment. ue~«n al sntwa