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PART II Page No. IS Permit No. CO-0044776 %' A. NOTIFICATION REQUII2EtYiENTS d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the petmittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or cazeless or improper operation. 4. Noncompliance Notification a. If, for any reason, the petmittee does not comply with or will be unable to comply with any dischazge limitations or standazds specified in this permit, the permittee shall, a[ a minimum, provide the Division and EPA with the following information: i. A description of the dischazge and cause of noncompliance; ii. The period of noncompliance, including exact dates and times and/or the anticipated time when the dischazge will return [o compliance; and iii. Seeps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b. The permittee shall report the following ctrcumstances orally within twenri-Four hours from the time the permittee becomes awaze of the circumstances, and shall mail to the Division a written report containing the information requested in Part Il.A.4.a. within rive days after becoming awaze of the following circumstances: i. Circumstances leading to any noncompliance which may endanger health or the environment regardless 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 pollutants limited by Part I.A of this permit and specifted as requiring 2 hour notification. This includes any toxic pollutant or hazazdous substance or any pollutant specifically identified as the method to conuo] any toxic pollutant or hazazdous substance, c. The permittee shall report instances of non-compliance which are not required to be reported within 24-hours at the time Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub-pazagraph of this section. 5. Other Notification Requirements Reports of compliance or noncompliance with, or any progress reports on, interim and fatal requirements contained in compliance schedule in the permit shall be submitted no later than fourteen days fallowing each scheduled date, unless otherwise provided by the Division. The permittee shaA notify the Division, in writing, thirty days in advance of a proposed transfer of permit as provided in Part II.B.4. The permittee's notification of all anticipated noncompliance does not stay any permit condition. All existing manufacturing, commercial, mining, and silvicultural dischazgers must notify the Division as soon as they know or have reason to believe:. a. That any activity has occurred or will occur which would result in the discharge, on a routine of frequent basis, of toxic pollutant which is not limited in the permit, if that dischazge will exceed the highest of the following "notifict levels": i. One hundred micrograms per Iiter (100 ug/I); ii. Two hundred micrograms per liter (200 ug/i) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony;