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<br />rART I1 <br />Page 9 of 16 <br />Permit Ho. CO-0032638 <br />l • <br />5. Bypassing <br />Any diversion from or bypa§s of facilities necessary to maintain compliance <br />with the terms and conditions of this permit, or any activity that results <br />in the avoidance of any required treatment for any process or run-off water, <br />is prohibited, except (i) where unavoidable to prevent loss of life or <br />severe property damage; or (ii) where overflow from facilities designed, <br />constructed, operated and maintained to treat or contain mine drainage, the <br />+•~astewater from coal preparation plants, or runoff from associated areas <br />results from a 10-year, 24-hour precipitation event; or (iii) where runoff <br />from specified undisturbed areas or reclaimed areas within the area delineated <br />in Part III (Other Requirements) and diverted around the permittee'.s active <br />operations has been authorized in writing to be discharged without numerical <br />-imitations or monitoring and reporting requirements. The permittee shall <br />promptly notify the Regional Administrator and the State Water Quality Control <br />Division in writing of each such diversion or bypass. <br />If, for other reasons, a partial or complete bypass is considered necessary, <br />a request for such bypass shall be submitted to the State Water Quality <br />Control Division and to the Environmental Protection Agency at least sixty <br />(60) days prior to the proposed bypass. If the proposed bypass i.s judged <br />acceptable to the State Water Quality Control Division and by the Environ- <br />• mental Protection Agency, the bypass will be allowed subject to limitations <br />imposed by the State 1.later Quality Control Division and by the Environmental <br />Protection Agency. <br />If, after review and consideration, the proposed bypass is determined to <br />be unacceptable by the State b'ater Quality Control Division and the Environ- <br />mental Protection Agency, or if limitations imposed on an approved bypass <br />are violated, such bypass shall be considered a violation of this permit; <br />and the fact that application was made, or that partial bypass was approved, <br />shall not be defense to any action brought thereunder. <br />6. Removed Substances <br />Solids, sludges, filter backwash, or other pollutants removed in the course <br />of treatment or control of wastewaters shall be disposed of in a manner such <br />as to prevent any pollutant from such materials from entering waters of the <br />State. <br />J. Power Failures <br />In order to maintain compliance with the effluent limitations and prohibitions <br />of this permit, the permittee shall either: <br />a. Provide an alternative po+~+er source sufficient to operate the wastewater <br />control facilities; - <br />or, if such alternative power source is not in existence, and no date <br />for its implementation appears in Part I, <br />b. Halt, reduce or otherwise control production and/or all discharges upon <br />the reduction, loss or failure Of the primary source of power to the <br />VIED 7~g1 `~astewater control facilities. 55 <br />