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HYDRO29240
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HYDRO29240
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Entry Properties
Last modified
8/24/2016 8:48:15 PM
Creation date
11/20/2007 10:34:05 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1996083
IBM Index Class Name
Hydrology
Doc Date
12/13/2002
Doc Name
Updated Discharge Permit Copy
From
J.E. Stover & Associates
To
DMG
Permit Index Doc Type
NPDES
Media Type
D
Archive
No
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PART II <br />Page No. 19 <br />Permit No. CO-0044776 <br />i. NOTIFICATION REQUIRII9IENTS <br />iii. Five times the maximum concentration value reported for that pollutant in the permit application in accordance <br />with Section 61.4(2)(g): <br />iv. The level established by the Division in accordance with 40 CFR § 122.44(f). <br />b. That any activity has occurred or will occur which would result in any discharge, on anon-routine or infrequent basis, <br />of a toxic pollutant which is not limited in the permit, if that dischazge will exceed the highest of [he following <br />"notification levels": <br />i. Five hundred micrograms per liter (500 ug/1); <br />ii. One milligram per liter (1 mg/1) for antimony; and <br />iii. Ten times the maximum concentration value reported for that pollutant in the permit application.. <br />iv. The level established by the Division in accordance with 40 CFR § 122.44(f). <br />6. bypass Notification <br />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 <br />the bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. <br />Violations of requirements imposed by the Division will constitute a violation of this permit. <br />7. Unsetc <br />a. Effect of an Upset. <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if <br />the requirements of pazagraph b. of this section aze met. No determination made during administrative review of <br />claims that noncompliance was caused by upset, and before an action for noncompliance, is fatal administrative action <br />subject to judicial review. <br />b. Conditions Necessary for a Demonstration of Upset <br /> <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />i. An upset occurred and that the permittee can identify the specific cause(s) of the upset; and <br />ii. The permitted facility was at the time being properly operated and maintained; and <br />iii. The permittee submitted proper notice of the upset as required in Part II.A.4. of this permit (24-hour notice); and <br />iv. The permittee complied with any remedial measure necessary to m;n;m;~e or prevent any dischazge or sludge use <br />or disposal in violation of this permit which has a reason able likelihood of adversely affecting human health or <br />the environment. <br />In addition to the demonstration requited above, a petmittee who wishes to establish the affirmative defense of upset <br />for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, <br />modeling or other methods that the relevant standazds were achieved in the receiving water. <br />c. Burden of Proof <br />In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. <br />8. Discharge Point <br />Any dischazge to the waters of the State from a point source other titan specifically authorized by this permit is prohibited. <br />
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