PERMFILE102839

• Permit No: C1981023
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT 8 NPDES PERMIT
• Media Type: D
• Archive: No

PART II
Page 18
Permit No. COG-850000
C~
A. HANAGEHENT REQUIREI~NTS
5. a s (continued)
a) Bypass vas unavoidable to prevent lose of life, personal injury,
or severe property damage;
b) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the permittee could
have installed adequate backup equipment to prevent a bypass
which occurred during normal periods of equipment downtime or
preventative maintenance; and
c) The permittee submitted notices as required in "Bypass
Notification", Part II.A.6.
6. Bypass Notification
If 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 to Division approval and limitations imposed
by the Division and EPA.
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
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 to judicial
review.)
b) Conditions Necessar+~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 ocher relevant evidence that:
(i) An upset occurred and that the permittee can identify the
specific cause(s) of the upset; and
(ii) The permitted facility was at the time being properly
. operated; and