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PART II Page 18 Permit No. GOG-850000 A. MANAGEMENT REQUIREMENTS S. Bvnass (continued) a) Bypass vas 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 auxiliarj treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permictee could have installed adequate backup equipment to preveac a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and c) The permittee submitted notices as required in "Bypass Notification", ?art II.A.6. 6. Bvoass Notification If the permittee knows in advance of the need far a bypass, a novice shall be submitted, ac least ten days before the date of the bypass, to the Division and the Environmental 2rocection Agency (EYA). The bypass shall be subject to Division approval and limitations imposed by the Division and E: A. . 7. Upsets a) Effect of an Uosec An upset constitutes an affirmative defense co an action brought far 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 upset, and before an action for noncompliance, is final administrative action subject co judicial review.) b) Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or her relevant evidence Chat: (i) An upset occurred and chat the permictee can identify the specific cause(s) of the upset; and (ii) The permitted facility was at the time being properly operated; and