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1'AItT II <br />Pa~•a R of 13 <br />A. i~IANACI~;NII{N"I' ItIiQIJIRb;Ailii\'"I~S <br />4, Submission of Incorrect ur Incomplete Informnlion <br />Where the permittce failed to submit any relevant facts in a permit application, or submitted incorrect information in <br />a permit application or report to the Division, the permittce shall promptly submit the relevant information which was <br />not submitted or any additional information needed to correct any erroneous information previously submitted. <br />5, 6vpass <br />The permittce may allow any bypass to occur which does not cause effluent limitations to be execeded, but if and only <br />if it is for essential maintenance to assure efficient operation. <br />Bypass is prohibited, and the Division may take enforcement action against a permittce for bypazs, unless: <br />a) Bypass was unavoidable to prevent toss of life, persona! injury, or severe properly damage; <br />b) There were no feasible alternatives to the bypass, such az the use of auxiliary treatment facilities, retention of <br />untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied <br />if the permittce could have installed adequate backup equipment to prevent a bypass which occurred during normal <br />periods of equipment downtime or preventative maintenance; and <br />c) The permittee submitted notices as required in "Bypass Notification", Part II.A.6. <br />6. Bypass Notification <br />If the permittce knows in advance of We need for a bypass, a notice shall be submitted, at least ten days before the <br />date of the bypass, to the Division and the Environmental Protection Agency (EPA). The bypazs shall be subject to <br />Division approval and limitations imposed by the Division and EPA. <br />7. Upsets <br />a) Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations <br />if the requirements of paragraph b of this scetion 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 permittce who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />(i) An upset occurred and that the permittce can identify the specific cause(s) of the upset; and <br />(ii) The permitted facility was at the time being properly operated; and <br />(iii) The permittce submitted police of the upset az required in Part I[.A.3. of this permit (24-hour notice); and <br />