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PaaT u Page No. 10 Permit No.: CO-0045161 4. Noncompliance Notification (continued) i) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the cause of the incident; ii) Circumstances leading to any ttttanticipated bypass which exceeds any effluent limitations in the permit iii) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the permit; iv) Daily maximum violations for any_ of the ppollutants limited by Part LA of this perntit and s ecified as requuing 24-hour notrfication. This includes any toxtc pollutant or hazazdous substance or any pollutant specifically identified as the method to control any toxic pollutant or hazazdous substance. c. The ppemilttee shall report instances of non-co Hance which are not required to be reported within 24-hours at the time Dischazge Monitoring Reports are submitted. The reports shall contain the information listed msub-pazagraph (a) of this section. 5. Other Notification Requirements Reports of compliance or noncompliance with or any progress reports on, interim and foot] requirements contained in any compliance schedule m the pemilt shall be su(mitted no later than fourteen (14) days following each scheduled date, unless otherwise provided by the Divtsion. The ppermittee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of permit as provided in Part II.B3. The pemtittee's notification of all anticipated noncompliance does not stay any permit condition. All existing manufacturing, commercial, mining, and silvicultural dischazgers must notify the Division as soon as they know or have reason [o believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or freqqu~ent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "noftfication levels": i) One hundred micrograms per liter (100 ug/I); ii) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonittile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mg/1) for antunony; iii) Five (5) times the maximum 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 pollutant which is no[ limited in the permit, if [ha[ discharge will exceed the hr es[ of the following "notification levejs": i) Five hundred micrograms per liter (500 ug/I); 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 permit application. iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). 6. Bypass 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. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations oj' requirements imposed by the Division will constitute a violation o this permit. 7. Upsets a. Effect of an Upset An upset constitutes an affirmative defense to an action brougght for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No defemm~ation made during admutistrative review of claims that noncotnpltance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions Necessary for a Demonstration of Upset A emlittee who wishes to establish the affmnative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: 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 maintained; and iii) The permittee submitted proper notice of the upset as required in Part II.A.4. of this pemit (24-hour notice); and iv) The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use or disposal in nolatron of this permit, which has a reason able likelihood of adversely affecting human health or the environment. Revised 124!10115