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/? d k7 Y_Y <br />/'.•,. a <br />A. MANAGEMENT REQUIREMENTS <br />3. Noncompliance Notification (Continued) <br />(iii) Any upset or spill which causes an exceedence of any effluent limitation in the permit; <br />(iv)Daily maximum violations for any toxic pollutants or hazardous substances limited by PART 1-A of this permit and <br />specified as requiring 24 hour notification. <br />c) The permit[ee shall report all other instances ofnon-compliance which are not required to be reported within 24-hours at <br />the time Discharge Monitoring Reports are submitted. The reports shall contain the information listed insub-paragraph <br />(a) of this section. <br />4. Submission of Incorrect or Incomplete Information <br />Where the permittee failed to submit any relevant facts in a perntit application, or submitted incorrect information in a permit <br />application or report to the Division, the permittee shall promptly submit the relevant information which was not submitted or <br />any additional information needed to correct any erroneous information previously submitted. <br />5. Bypass <br />a) The perntit[ee may allow any bypass to occur which does not cause effluent limi[alion:s to be exceeded, but only if it is <br />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 Division may take enforcement action <br />against a pernittee for such a bypass, unless: <br />(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; <br />(ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of <br />untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied <br />if the permittee could have installed adequate backup equipment to prevent a bypass which occurred during <br />normal periods of equipment downtime or preventative maintenance; and <br />(iii) The petmittee submitted nouces as required in "Bypass Notification", Part II.A.6. <br />6. Byuass Notification <br />If the pennittee knows in advance of the need for a bypass, a notice shall be submitted, a[ least ten days before the date of the <br />bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations <br />of requirements imposed by the Division will constitute a violation of this permit. <br />7. Upsets <br />a) Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the <br />requirements of paragraph (b) of this section are met. No determination made during administrative review of claims that <br />noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to <br />judicial review. <br /> <br />