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PART II Page 32 Permit No. CO-0000221 A. NOTIFICATION RIiQUIR1EMENTS • iii. Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 6.5.2(7). iv. The level established by the Division in accordance with 40 CFR § 122.44(f). b. That any activity bas occurred or will occttr which would result in any discharge, on anon-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will excxed the highest of the following "notification levels": i. Five hundred ttticrogratns per Liter (500 ug/1); ii. One milligram per liter (1 mg/I) for antimony; and iii. Ten (10) times the maximum concentration value reported for that pollutant in the permit appliration.. iv. The level established by the Division in accordance with 40 CFR § 122.44(f). 6. Bvuass Notification If the permittee knows i^ advance of the need for a bypazs, a notice shall be submitted, az 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 permit effluent limits[ f the requirements of paragraph (b) of this section are met. No determination made doting adtttinistrazive review u claims that noncompliance 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 .4 petminee who wishes to establish the affirmative 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 permit (24-hour notice); and iv. The permittee complied with any remedial measure necessan' to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reason able likelihood of adversely affecting human health or the environment. In addition to the demonstration required above, a permittee who wishes to establish the affirmative d@fense of upset, for a violation of effluent limitations based upon water qualiq~ standards shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of~. S. Discharee Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited.