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Part II <br />Page No. 19 <br />Permit No.: CO-0045225 <br />5. Other Notification Requirements <br />Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in <br />any compliance schedule in the permit shall be submitted no later than fourteen (14) days following each scheduled date, <br />unless otherwise provided by the Division. <br />The perminee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of permit as <br />provided in Pan [1.B.3. The permittee's notification of all anticipated noncompliance does not stay any permit <br />condition. All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Division as <br />soon as they Irnow or have reason to believe: <br />a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of <br />any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following <br />'notification levels': <br />(1) One hundred micrograms per liter (100 ug/l); <br />(2) Two hundred micrograms per liter (2170 ug/I) for acrolein and acrylonitrile; five hundred micrograms <br />per liter (500 ug/I) for 2.4-0initrophenol and 2-metityl~.6~inivophenol; and one milligram per liter <br />(1 mg/1) for antimony; <br />(3) Five (5) times the maximum concentration value reported for that pollutant in the permit application in <br />accordance with Section 6.5.2(7). <br />(4) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). <br />b. That any activity has occurred or will occur which would result in any discharge, on anon-routine or infrequent <br />basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the <br />following "notification levels': <br />(1) Five hundred micrograms per liter (500 ug/q; <br />(2) One milligram per liter (1 mg/I) for antimony; and <br />(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application <br />(4) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). <br />6. Bypass Notification <br />If the permittee Imows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date <br />of the bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the <br />Division. Violations of requirements imposed by the Division will constitute a violation of this permit. <br />7. nce c <br />a. Effect of an Upset <br />An upset constitutes an affirmative defense [o an action brought for noncompliance with permit effluent limitations <br />if the requirements of pazagraph (b) of this section are met. No determination made during administrative review <br />of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative <br />action subject to judicial review. <br />b. Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevam evidence that: <br />(1) An upset occurred and [hat the petmittee can identity the specific cause(s) of the upset; and <br />(2) The permitted facility was at the time being properly operated and maintained; and <br />(3) The permittce submitted proper notice of the upset as required in Part [I.A.4, of this permit (24-hour <br />notice); and <br />