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PART II <br />Page 2 <br />A. MANAGEMENT REQUIREMENTS <br />3. Noncomnlisnce Notification (Continued) <br />(i) Any instance of noncompliance which may endanger health or the environment regardless of the cause of <br />the incident <br />(ii) Any uamticipated bypass; <br />(iii) Any upset or spill which causes ea exceedance of any effluent limitation in the permit <br />(iv) Daily maximum violation for any toxic pollutants or harardon substances limited by PART I-A of this <br />permit and specified as roquiring 24 hour notification. <br />c) The permittee shall report all other instances of noncompliance which are not required to be repotted within <br />24-hours at the time Discharge Monitoring Reports are submitted. The repoAS shall contain the information listed in <br />sub-paragraph (a) of this section. <br />4. Subminion of Incorrect or Incomplete Wormation <br />Where the permittae failed W submit any relevant facts in a permit application, or submitted incorrect information in a <br />permit application or report to the Division, the permittee shall promptly submit the relevant information which was not <br />submitted or nay addition) information needed to cornett nay erroneous information previously submitted. <br />5. Bwass <br />a) The permittce may allow any bypass W occur which does not cause effluent limitation to be exceeded, but only if it <br />is also essential maintenance to assure; efficient operation. Division notification is not required. <br />b) A bypass which causes effluent limitation m be exceeded is prohibited, and the Division may take enforcement <br />action again[ a permittce for such a bypass, unless: <br />i) Bypass was unvoidable to prevent loss of life, personal injury, or severe property damage; <br />u) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention <br />of untreated wastes, or nrainteoance during normal periods of equipment downtime. This condition is not <br />satisfied if the permittee could have intalled adequate backup equipment to prevent a bypass which <br />occurred during normal periods of equipment downtime or preventative maintenace; and <br />iii) The permittee submitted notices as required in 'Bypass Notification', Part II. A.6. <br />6. Broass NoBfiw6on <br />If the permittee ]mows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date <br />of the bypass, to the Division. The bypass shall be subject to Division approval and limitation imposed by the Division. <br />Violations of requirements imposed by the Division will contitute a violation of this permit. <br />7. eta <br />a) Effect of an Upset <br />An upset wns[imtes en affirmative defense to an action brought for noncompliance with permit effluent limitations if <br />the requirements of paragraph (b) of this section ere met. No determination made during administrative review of <br />claims that noncompliance was caused by upset, and before m action for noncompliance, is final administrative <br />action subject to judicial review. <br />wear .~vm <br />