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PART II Page No. 22 Pemut No.: CO-0036251 NOTIFICATION REQUIl2EMENTS (CONTINUED) 5. Other Notification Requirements Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule in the permit shall be submitted no later than fourteen (14) days following each scheduled date, unless otherwise provided by the Division. The permittee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of permit as provided in Part ILB.4. The peraittee's notification of all anticipated noncompliance does not stay any permit condition. All existing manufachuing, commercial, mining, and silvicultural dischargers must notify the Division as soon as they Imow 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 is not limited in the permit, if that discharge 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/I) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/I) for 2.4-dinittophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mg/1) for antimony; iii) Five (5) times the trtaximum 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 C.F.R. § 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 poilutant 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 pemit application. iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). 6. Byuass Notification If the pemuttee lmows 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 pemit 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.