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• age 11 of 19 <br />Permit No: CO-0035653 <br />2. Noncompliance (cont'd) <br />(2) The following instances of noncompliance shall be reported orally <br />within 24 hours from the time the permittee becomes aware of the <br />- circumstances, and a written report mailed within five days of <br />the time the permittee becomes aware of the ciYCUms[ances: <br />a) Any instance of noncompliance which may endanger health or <br />the environment <br /> b) Any unanticipated bypass which exceeds any effluent limitation <br /> in [he permit <br /> c) Any upset which exceeds any effluent limitation in the permit <br /> (See Fed. Reg. Vol. 45, No. 98, 122.60 (h) for upset conditions) <br /> d) Daily maximum violations for any toxic pollutants or hazardous <br /> substances limited in PART I-A of this permit. <br />(3) The permittee shall report all instances of noncompliance not <br /> reported in "Notification", paragraph 2-(B)-(2) (above), at the <br /> time discharge monitoring reports are submitted (EPA Form 3320-1). <br /> The reports shall contain the information listed in "Notification", <br /> paragraph 2-(B)-(1) (above). <br />(4) Where the permittee becomes aware that it failed to submit any <br /> relevant facts in a permit application, or submitted incorrect <br /> information in a permit application or report to the Division, <br /> it shall promptly submit such facts or information. <br />(C) Bypa ss <br />(1) The permittee may allow any bypass to occur which does not cause <br /> effluent limitations to be exceeded, but only if it also is for <br /> essential maintenance to assure efficient operation. No Division <br /> notification is required, and this case is not subject to the <br />- _ requirements in paragraphs 2-(C)-(2) through 2-(C)-(4), (below). <br />(2) If the permittee knows in advance of the need for a bypass, it <br /> shall submit notice, if possible at least ten days before the <br /> date of the bypass, to the Division and the Environmental <br /> Protection Agency (EPA). The bypass shall be subject to <br /> Division approval, and limitations imposed by the Division and EPA. <br />(3) For an unanticipated bypass, see the requirements listed in <br /> "Notification", paragraph 2-(B)-(2), (above). <br />.l <br />(4) Bypass is prohibited, and the Division may take enforcement <br /> action against a permittee for bypass, unless: <br /> a) Bypass was unavoidable to prevent loss of life, personal <br /> injury, or severe property damage; <br />1/81 <br />