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PART II Page 18 Permit No. COG-850000 A. MANAGEMENT REQUIREMENTS 5. Bw ass (continued) a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b) There were no feasible alternatives to the bypass, such as the use of auxiliary Creatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have ins called adequate backup equipment to prevent a bvpa~s which occurred during normal periods of equipment downtime or preventative maintenance; and :) The permittee submitted notices as required in "Bypass No cification". tart II.A.6. 6. Bwass Notification I£ 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 and the Environmental Protection Agency (EPA). The bypass shall be subject Co Division approval and limitations imposed by the Division and E: P.. 7. sets a) Effect of an Upset 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 me c. (No determination made during administrative review o£ claims chat noncompliance was caused by upset, and before an action For noncompliance, is final administrative action subiect to judicial review.) b) Conditions `iecessaty Eor a Demonstration of Uosec A oeraittee who wishes co establish Che affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or ocher relevant evidence chat: (i) An upset occurred and chat Che permittee can identify the specific cause(s) of the upset; and (ii) The permitted facility was ac the time being properly operated; and