HYDRO29546 - Laserfiche WebLink

Home Browse Search

PART II Page No. 19 Permit No. CO-0044776 A. NOTIFICATION REQUIItEMENTS iii. Five times the maximum concentration value repotted for that pollutant in the permit application in accordance with Section 61.4(2)(8): iv. The level established by the Division in accordance with 40 CFR § 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 tonic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": i. Five hundred micrograms per liter (500 ug/1); ii. One milligram per liter (1 mg/I) for antimony; and iii. Ten times the maximum concentration value reported for that pollutant in the permit application.. iv. The level established by the Division in accordance with 40 CFR § 122.44(f). 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. Unsets a. Effect of an Upset. An apse[ constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of pazagraph b. of [his section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is fmal administrative action subject to judicial review. b. Conditions Necessary for a Demonsration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly sigtted contemporaneous operating logs, or other relevant evidence that-. i. An upset occurred and that the perminee 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 Pan II.A.4. of this permit (24-hour notice); and iv. The permittee complied with any remedial measure necessary to minimise 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. In addition [o [he demonstration required above, a permittee who wishes to establish the affirmative defense of apse[ for a violation of effuent limitations based upon water quality standazds shall also demonstrate through mottitoring, modeling or other methods [hat the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Dischar~Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited.