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`~_. NOTIFICATION REQUIREMENTS Other Notification Requirements (continued) • The permittee's notification of all anticipated noncompliance does not stay any permit condition. Page No. l4 Permit No. COG-850000 All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Division as soon as they know.or have reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxicpollutant which is not limited in the permit, if ittat discharge will exceed the highest of the following "notification levels": i. One hundred micrograms per liter (100 ug/1); ii. Two hundred micrograms per liter (200 ugA) for acrolein and acrylonitrile; five- hundred micrograms per liter (500 ugA) for 2.4- dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 ;ttg/1) for antimony; iii, Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 61.4(2)(g). iv. The level established by the Division in accordance with 40 CFR' 122.44(f). b. That any activity has occurred or will occur which would result in any discharge, on anon-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that dischazge will exceed the highest of the following "notification levels": i. Five hundred micrograms per liter (500 ug11); ii. One milligramper liter {1 mg/1) for antimony; and • iii. Ten (10) times the maximum concentration value reported for that pollutant in the pem'rit application. - iv. The level established by the Division in accordance with 40 CFR' 122.44(f). 6. I3vpass Notification If the petnuttee knows in advance of the need for a bypass, a notice shall be submitted, at ]east ten days before the date of the bypass, to the Division. The bypass shall be subj~ ct to Division approval and limitations imposed by the Division. Violations of requirements imposed by the Division will constitute'a violation of this permit. ~ - 7. Upsets a. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requhements of paragraph (b) of this section are met. No detemvnation made during administrative review of claims that noncompliance was caused byupset, and before an action fornoncompliance, isfinal administrative action subject to judicial review. b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affimtative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: i, An upset occurred and that the perntlttee can identify the specific cause(s) of the upset; and ii. The permitted facility was at the time being properly operated and maintained; and • iii. The permittee submitted proper notice of the upset as required in Part ILA.4. of this permit (24-hour notice); and iv. The pemtittee complied with anyremedial measttre necessary to minimize or prevent any discharge or sludge use or disposal in violation of this permit, which has a reason able likelihood of adversely affecting human health or the environment.