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PART II Page No. 16 Pemrit No.: CO-0047562 a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the pemrit, if that discharge will exceed the highest of the following "notification levels": i) One hundred micrograms per liter (100 µg/1); ii) Two hundred micrograms per liter (200 µ8l1) For acrolein and acrylonitrile; five hrmdred micrograms per liter (500 µg11) for 2.4-dinitrophenol and 2-methyl-4.6-dinihophenol; and oue milligram per liter (I.0 mg/1) for antimony; iii) Five (5) times the maxinnun concentration value reported for that pollutant in the pemut appliceHon in accordance with Section 61.4(2)(8). iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(t). b. That any activity has occurred or will occur which would result in any dischazge, on anon-routine or infrequent basis, of a toxic pollutaut which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": i) Five hundred micrograms periliter (500 µ8/l); ii) One milligram per liter (1 mgll) for antimony; and iii) Ten (l0) times the maximum concentration value reported for that pollutant in the pemut application. iv) The level established by Ore Division hr accordance with 40 C.F,R. § 122.440. 6. Bypass 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 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. 7. Upsets a. Effect of an Unset An upset constitutes an affirmative defense to an action brought for noncompliance with pemilt 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 administrative action subject to judicial ceview. b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affimrative defense of upset shall demonshnte through properly signed contemporaneous operating logs, or other relevant evideuce that: i) An upset occured end that the pemtittee can identify the specific cause(s) of the upset; and ii) The pemritted facility was at the time being properly operated and maintained; and iii) The pemtittee submitted proper notice of the upset as required in Part Ii.A.4, of this pemrit (24-hour notice); and iv) The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reason able likelihood of adversely affecting human health or the environment.