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PART II <br />Page 3 <br /> <br />A. MANAGEMENT REQUIREMENTS <br />4. Submission of Incorrect or Incomplete Information <br />Where the permitter failed to submit any relevant facts in a permit application, or submitted incorrect information in a <br />permit application or report to the Division, the pertnittee shall promptly submit the relevant information which was not <br />submitted or any additional information needed [o sorest any eroaeotts information previously submitted. <br />5. By°ass <br />a.) The permitter stay allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it <br />is also essential maintenance to assure efficient operation. Division notification is not required. <br />b.) A bypass which causes effluent limitations to be exceeded is prohibited, and the Divisioo may take enforcement <br />action against a permitter for such a bypass, unless: <br />i) Bypass was unavoidable to prevent Inns of life, personal injury, or severe property damage; <br />ii) There were ao feasible eltematives to the bypass, such as the use of auxiliary treatment facilities, <br />retention of untreated wastes, or maintenance during normal periods of equipment downtime. This <br />condition is not satisfied if the permitter could have installed adequate backup equipment to prevent a <br />bypass which occurred during normal periods of equipment downtime or preventative maintenance; and <br />iii) The permitter submitted notices as required in 'Bypass Notificauon", Parl II.A.6. <br />6. Bypass Notification <br />If the perttnttee knows in advance of the need for a bypass, a notice shall he submitted, at least ten days before the date <br />of the bypass, to the Division. The bypass shall he subject to Division approval and limitations imposed by the Divisum. <br />Violations of requirements imposed by the Division will constitute a violauon of this pcnrut. <br />7. U°sets <br />a) Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if <br />the requirements of paragraph (b) of this section are met. No determination made during administrative review of <br />claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative <br />action subject to judicial review. <br />h) Conditions Necessary for a Demonstration of Upset <br />A permitter who wishes to establish the affirmative defense of upset shall demonstrate through properly sgned <br />contemporaneous operating logs, or other relevam evidence that: <br />0) An upset occurred and that the permitter can identify the specific cause(s) of the upset; and <br />(ii) The permitted facility was at the time brine properly operated; and <br />(iii) The permrttee submitted notice of the upset as requred m Part ILA.I, nl this permit (?4-hour notice); anJ <br />NI,PI' aN91 <br />