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• PART n <br />Page 14 <br />Pemmt Nw COG-500000 <br />A. MANAGEMENT REQUIREMENTS <br />3. Noncomoliance Notification (continued) <br />5) Daily mauttn~ viahtions for any toxic pollutants or hazardous substances limited by Part I.B of this permit and <br />specified as requiring 24haur notification. This includes any toxic pollutant or hazardous substance or any pollutant <br />specifically identified as the method to control any tout pollutant or hazardous substance. <br />c. The permittee shall report all other imstances ofnon-compliance not requiring 24hour notification at the time Discharge <br />Monitoring Reports are submitted The reports shall wntain the information listed in sub-paragraph a. of this section. <br />4. Submission of Incorrect or Incomplete Information <br />Where the permittee fated to submit any relevant facts in a permit application, or submitted incorrect information in a permit <br />application or repot to the Division, the perarittee shall promptly subtrvt the relevant application information which was not submitted <br />or a~ additional information needed to cored aay.erroneous information previously submitted <br />5. Bwass <br />The permittee may allow any bypass to occty which does not cause effluent limitations to be exceeded, but if and only if it is for <br />essential maintenance to assure efficient operation These bypasses are not subjeM to the provisions notedm item b. below. Division <br />notification is not required <br />Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass, unless: <br />a. Bypass was unavoidable to.preveM loss of life, personal injury, or severe property damage; <br />b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or <br />maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed <br />adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime of preventative <br />maintenance; and <br />c. The permime subffitted notices as required in "Bypass Notification," Part IIA6. <br />6. Bwass Notification <br />If the permittee knows in advance ofthe need for a bypass, a notice shall be submitted, at least ten days before the date ofthe bypass, to <br />the Division and the Environmental Protection Agency (EPA). The bypass shall be subject fo Division approval and limitations <br />imposed by the Division and EPA. <br />7. t~sets <br />a. Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effiuent limitations if the requhetnents <br />ofparagrapb b ofthis section are met (No determination trade during administrative review ofclaims thatnoncompliance was caused <br />by upset' and before an action for noncompliance, is final adtninistrativaaction subject to judicial review.) <br />b. Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous <br />operating logs, or other relevant evidence that <br />I) An upset occurred and tLat the permittee can identify tLe specific cause(s) of the upset; and <br />2) The permitted facility was at the time being properly operated and maintained; and <br />3) The permittee submitted notice of the upset as required is Part II.A.3. of this permit (24-Lour notice); and <br />f <br />