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PART II Page No. 18 Permit No. CO-0044776 A. NOTIFICATION REQUIREMENTS 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 permittee. 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 careless or improper operation. 4. Noncompliance Notification a. If, for any reason, the permittee does not comply with or will be unable to comply with any discharge limitations or standazds specified in this permit, the permittee shall, at a minimum, provide the Division and EPA with the following information: i. A description of the discharge and cause of noncompliance; ii. The period of noncompliance, including exact dates and times and/or the anticipated time when the dischazge will return to compliance; and iii. Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b. The permittee shall report the following circumstances orally within twenty-four hours fiom the time the permittee becomes aware of the circumstances, and shall mail to the Division a written report containing the information requested in Part II.A.4.a. within five days after becoming aware of the following cvcumstances: 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 Pan T.A of this permit and specified as requiring 24 hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically identified as the method to control any toxic pollutant or hazardous substance. c. The permittee shall report instances of non-compliance which are not required to be reported within 24-hours at the time Discharge Moni[oring Reports are submitted. The reports shall contain the information listed in sub-pazagraph a. of this section. 5. Other Notification Requirements Reports of compliance or noncompliance with, or any progress reports on, interim and fatal requiremen[s contained in any compliance schedule in the permit shall be submitted no later than fourteen days following each schedtded date, unless otherwise provided by the Division. The permittee shall notify the Division, in writing, [bitty days in advance of a proposed transfer of permit as provided in Pan ii.B.4. The permittee'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 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 or frequent basis, of any tonic pollutan[ which is not limited in the permit, if that dischazge will exceed the highest of the following "notification levels": i. One hundred micrograms per liter (100 ug/q; ii. Two hundred micrograms per liter (200 ug/q for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/I) for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/I) for antimony;