HYDRO30295

• Permit No: C1982055
• IBM Index Class Name: Hydrology
• Doc Date: 3/4/1993
• Doc Name: CERTIFICATION COAL MINING GENERAL PERMIT
• Permit Index Doc Type: NPDES
• Media Type: D
• Archive: No

PART II
Page 18
Permit No. COG-850000
A. MANAGEMENT REQUIREMENTS
S. Bwass (continued)
a) Bypass was unavoidable to prevent loss of Life, personal injury,
or severe property damage;
b) There were no feasible alternatives Co the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the permittee could
have installed adequate backup equipment to prevent a bypass
which occurred during normal periods of equipment downtime or
preventative maintenance; and
c) The permittee submitted notices as required in "Bypass
Notification", tart II.A.6.
b. By~ass Notification
If the permittee knows in advance of the need for a bypass, a notice
shall be submitted, at lease ten days before the dace of the bypass,
to the Division and the Environmental Protection Agency (EPA). The
bypass shall be subject to Division appro•oal and limitations imposed
by the Givision and EPA.
7. Uosets
a} Effect of an Uoset
An upset constitutes an affirmative defense to an action brought
for noncompliance with permit 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 upseC, and before an action For
noncompliance, is final administrative action subject to judicial
review.)
b) Conditions Necessary for a Demonstration of Uoset
A permittee who wishes to establish the affirmative defense of
upset shall demonstrate through properly signed contemporaneous
operating logs, or ocher relevant evidence chat:
(i) An upset occurred and chat the permittee can identify the
specific cause(s) of the upset; and
(ii) The permitted facility was at the time being properly
operated; and