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PART II Page No. 18 • Permit No. CO-004477ti A. NOTIFICATION REQUIRII~IENTS d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of fac[ors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly desired trea[mem facilities, inadequate vestment facilities, lack of preventative maintenance, or cazeless or improper operation. 4. Noncomoliance Notification a. If, for any reason, the permittee does not comply with or will be unable to comply with any dischazge limita.gons or standazds specified in this permit, the permittee shall, at a minimum, provide the Division ahd EPA with the following information: i. A description of the dischazge and cause of noncompliance; ll. The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and iii. Steps being taken to reduce, eliminate, and prevent recurrence of [he noncomplying discharge. b. The permittee shall report the following circumstances orally within twenty-four hours from the time the permittee becomes aware of the circumstances, and shall mail to the Division a written report containing the information requested in Part II.A.4.a. within [ive davs af[er becoming awaze of the following circttmstances: i. Circumstances leading to any noncompliance which may endanger health or the environment regazdless of the cause of the incident; • ii. Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit; iii. Ctrcumstances leading to any upset or spill which causes an ezceedance of any effluent limitation in the permit, iv. Daily maximum violations for any of the pollutants limited by Pan I.A of this permit and specified as requiring 2a hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically identified as the method to control any toxic pollutant or hazardous substance. c. The permittee shall report instances of noncompliance which aze not required to be reported within 24-hours at the time Discharge Monitoring Reports aze submit'.ed. The reports shall contain the information listed in sub-paragraph a. of this section. 5. Other Notification Reau~rements Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements conraieed in an}' compliance schedule in the permit shall be submitted no later than fourteen days following each scheduled date, unless otherwise provided by the Division. The permittee shall notify [he Division, in writing, thirty days in advance of a proposed transfer of permi[ as provided in Pan II.B.4. The petmittee's notification of all anticipated noncompliance does not stay any permit condition. All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Division as soon as they know or have reason to believe: a. That any activity bas occurred or will occur which would result in dte discharge, on a routine or frequen[ ba<' of ar. tonic pollutant which is not limited in the permit, if that dischazge will exceed the highest of the following '~tii levels': i. One hundred micrograms per liter (100 ug/1); ii. Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred microg;rarns per liter (500 ug/q for 2.4-dinitrophenol and 2-me[hyl-4.(rdini[rophenol; and one milligram per liter (1 rng/I) for antimony;