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PART II Page 18 Permit No. COG-850000 A. MANAGEMENT REQUIREMENTS 5. B ass (continued) a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment [o prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and c) The permittee submitted notices as required in "Bypass Notification". Part II.A.6. 6. Byoass 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 and the Environmental 2rotection Agency (EPA). The bypass shall be subject to Division approval and limitations imposed by the Division and EPA. 7. Upsets a) Effect of a1 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 Necessaty 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 [hat: (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