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PART II <br />Page 31 <br />Permit No. CO-0000221 <br />A. NOTIFICATION REQUIItEMENTS <br />d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent <br />limitations because of factors beyond the reasonable control of the permi[[ee. An upset does not include <br />noncompliance [o the extent caused by operational error, improperly designed treatment facilities, inadequate <br />treatment facilities, lack of preventative maintenance, or careless or improper operation. <br />4. Noncompliance Notification <br />a. If, for any reason, the permittee does not compl}• with or will be unable to comply with any discharge ]imitations or <br />standards specified in this permit, the permi[tee shall, at a minimum, provide the Division and EPA with the <br />following information: <br />i. A description of the dischazge and cause of noncompliance; <br />ii. The period of noncompliance, including enact dates and times and/or the anticipated time when the dischazge <br />will return to compliance; and <br />iii. Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. <br />b. The permit[ee shall report the fallowing circumstances orally within twen[v-four (24) hours from the time the <br />permittee becomes aware of the circumstances, and shall mail to the Division a written report containing the <br />information requested in Pan II.A.4.a. within five (5) davs afrer becomine aware of the following circumstances: <br />i. Circumstances leading to any noncompliance which may endanger health or the environment regardless of the <br />cause of the incident; <br />ii. Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit; <br />• iii. Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the permit; <br />iv. Daily maximum violations for any of the pollutants limited by Pan I.A of this permit and specified as requiting <br />24 hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically <br />identified as the method to control any toxic pollutant or haurdous substance. <br />c. The pertnittee shall report instances of non-compliance which are not required to be reported within 24-hours at the <br />time Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub-paragraph <br />(a) of this section. <br />~. Other Notification Requirements <br />Reports of compliance or noncompliance with, or anv progress reports on, interim and final requirements contained in <br />anv compliance schedule in the permit shall be submitted no later than fourteen (]4) days following each scheduled date, <br />unless otherwise provided by [he Division. <br />The permittee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of permit as <br />provided in Pan II.B.3. <br />The permittee's notification of all anticipated noncompliance does no[ s[a~ an} permu condition. <br />All ezistine manufacturing, commercial, mining, and silvicultura] dischaz¢ers must notif} the Division as soon as they <br />know or have reason [o believe: <br />a. That an}' ac[ivit}• has occurred or will occur which would result in the discharge. on a routine or frequent basis, of <br />an}' tonic pollutant which is not limited in the permit, if that dischazee will exceed the highest of the following <br />"notification levels": <br />• i. One hundred micrograms per liter (100 ug/1); <br />ii. Two hundred micrograms per liter (200 ug/1) for acrolein and acnlonitrile; five hundred micrograms per liter <br />(500 ug/1) for 2.4-dinitrophenol and 2-methyl-0.6-dinitrophenol; and one milligram per liter (1 mg/I) for <br />antimony; <br />