PERMFILE105530

• Permit No: C1982056
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: Exhibit 44 NPDES Permit No. CO-0042161
• Media Type: D
• Archive: No

PART D
Page No. 21
Permit No. CO-0042161
A. NOTIFICATION REQUIREMENTS
• 5. Other Notification Requirements (continued
iii. Ten (10) times the maximum concentration value reported for that pollutant in the permit application..
iv. The level established by the Division in accordance with 40 C.F.R. § 122.44(f).
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 dale of
the bypass, to the Division. The bypass shall be subject 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 requirements of paragraph (b) of this section are met. No determination made during adminisvative review of
claims that noncompliance was caused by upset, and before an action for noncompliance, is fmal adrninisvative action
subject to 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 other 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 maintained; and
iii. The permittee submitted proper notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and
• iv. The permittee complied with any remedial measure 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.
In addition to the demonsvation required above, a permittee who wishes to establish the affirmative defense of upset
for a violation of efFluent limitations based upon water quality standazds shall also demonsvate through monitoring,
modeling or other methods that the relevant standards were achieved in the receiving water.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed
contemporaneous operating logs, or other 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 maintained; and
iii. The perrnittee submitted proper notice of the upset as required in Pan II.A.4. o(this permit (24-hour notice); and
iv. The permittee complied with any remedial measure 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.
In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset
for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring,
modeling or other methods that the relevant standards were achieved in the receiving water.
c. Burden oC ProoC
In any enforcement proceeding the pennittee seeking to establish the occurrence of an upset has the burden of proof.
8. Discharge Point
• Any discharge to [he waters of the State from a point source other than specifically authorized by this permit is prohibited.