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PART [1 Page No. t 9 Pcrtnit No.: CO-0038776 4. Noncompliance Notification (continued) 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) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the permit; iv) Daily maximum violations for any, of the ppollutants limited by Part LA of this permit and specified as requiring 24-hour notification. This includes any toxtc pollutant or hazazdous substance or any pollutant specifically identified as the method to conttol any toxic pollutant or hazazdous substance. c. The pemrittee shall report instances of non-co liance which are not required to be reported within 24-hours at the time Discharge Monitoring Reports are submitted. "1'he reports shall contain the infomtation listed msub-pazagraph (a) of this section. 5. Other Notification Reouirements Reports of compliance or noncompliance wi or any progress reports on, interim and final requirements contained in any compliance schedule in the permit shall be su mitted no later than fourteen (14) days following each scheduled date, unless otherwise provided by the Divtsion. The ermittee shall nofify the Division, in writing, thirty (30) days in advance of a proposed transfer of permit as provided in Part II.B.~. The pemuttee'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 [hey know or have reason to believe: a. That any activity has occurred or will occur which would result in the dischazge, on a routine or frequent basis, of any toxic pollutant which is aot limited in the pernrii, if that discharge will exceed the highest of the following "nori5carion levels": i) One hundred micrograms per liter (100 ug/1); ii) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitdle; five hundred micrograms pet liter (500 ug/I) for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mg/1) for antunony; iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 61.4(2)(g). iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). b. That any activity has occurred or will occur 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 exceed the highest of the following "notification levejs": i) Five hundred micrograms per liter (500 ug/1); ii) One milligram per lifer (1 mg/1) for antimony; and iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). 6. Bwass Notification If the permittee 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 byyppass shall be subject to Division approya] and limitafions imposed by the Division. Violations o$ requirements imposed by the Division will constitute a violation o thts permit. 7. Upsets a. Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during, administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final a strative action subject to judicial review. b. Conditions Necessary for a Demonstration of Upset A petmittee 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 pemuttee complied with any remedial measure necessary to m;n;m;ze or prevent any discharge or slud~e use or disposal in violation of this permit, which has a reason able likelihood of adversely affecting human hen th or the envtronment. Revised 4!192009