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<br />PART II <br />Page 13 <br />Permit No. COG-350000 <br />A. MANAGEMENT AEQUTAEMENTS <br />5. Bvvass {continued) <br />a) Bypass was unavoidable to prevent loss of life, personal inju:~, <br />or severe property damage; <br />b) There were no feasible alternatives to the bypass, such as the <br />use of auxiliary treatment facilities, retention of untreated <br />wastes, or maintenance during normal periods of equipment <br />downtime. This condition is noC satisfied if the permittee could <br />have installed adequate backup equipment to prevent a bw ass <br />which occurred during normal periods of equipment downtime or <br />preventative maintenance; and <br />c) The permittee submitted notices as required in "Bypass <br />No cificacion", Part II.A.6. <br />6. Bwass Notification <br />If the permittee knows in advance of the need for a bypass, a notice <br />shall be submitted, at least ten days before the data of the bypass, <br />to the Division and the Environmental Protection Agency (EP.9). The <br />bypass shall be subject to Division approval and limitations imposed <br />by the Division and E: A. <br />7. Upsets <br />a) Effect of an Uosec <br />An upset constitutes an affirmative defense to an action brought <br />for noncompliance •aith permit effluent limitations if the <br />requirements of paragraph b'of this sectior. are me c. (`Io <br />determination made during administrative review of claims that <br />noncompliance was caused by upset, and before an action ..°or <br />noncompliance, is final administrative action subject ~~ judic_si <br />review.) <br />b) Conditions Necessary far a Demonstration of ?Jnset <br />A permittee who wishes to establish the affirmative defense of <br />upset shall demonstrate through oroperly signed contamtoraneous <br />operating logs, or ocher relevant evidence chat: <br />(i) An upseC occurred and [hat the permittee can :dencif~ t.`:e <br />specific cause(s) of the upset; and <br />(ii) The permitted facility was at the time being preoerly <br />operated; and <br />