PERMFILE62830 - Laserfiche WebLink

Home Browse Search

A. NOTIFICATION REQLi1REAfEN'TS PART II Page No. 19 Pertttit No. CO-0044776 iii. Five times the maximum concentration value repotted for that pollutant in the permit application in accordance with Section 61.4(2)(8): iv, The level established by the Division in accordance with 40 CFR § 122.440. b. Tha[ any activity has occurred or will occur which would result in any dischazge, on anon-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if drat dischazge will exceed ffie highest of the following 'notification levels': i, Five hundred micrograms per liter (500 ug/l); ii. One milligram per liter (1 mg/1) for antimony; and iii. Ten times the maximttm concentration va[tte reported for that pollutant in the permit application.. iv. The level established by the Division in accordance with 40 CFR § 122.440. 6. Bvnass Notification If the pertnittee 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 of requirements imposed by the Division will constitute a violation of this permit. ® ~ I7~~S a. Effect of an Upse[. An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requiremenu of pazagraph b. of this section aze met. No determination made during administrative review of 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 ' A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating lags, or other relevant evidence that: i. An upset occurred and that the permittee can identify the specific catue(s) of the upset; and u. 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 necessary to minimise or prevent any dischazge or sludge use or disposal in violation of this permit which bas a reason able likelihood of adversely affecting human health or the environment. In addition [o the demonstration requited above, a permittee who wishes to establish the affirmative defetsse of upset for a violation of effluent limitations hazed upon water quality standazds shall also demonsaate through monitoring, modeling or other medtods that the relevant standards were achieved in the receiving water. • c. Burden of Proof In any enforcement proceeding the petmittee seeking to establish the occurtence of an upset has rho burden of proof. 8. Discharge Point Any dischazge [o the waters of the State from a poin[ source other than specifcally authorized by this permit is prohibited.