PERMFILE107381 - Laserfiche WebLink

Home Browse Search

PART n Page 32 Permit No. CO-0000:?21 A. 1VOTIFICATION 1tEQUIREhiTNTS iii. Five (5) times the rtuvtimum concentration value reponed for that pollutant in the permit application in accordance with Section 6.5.2(7). iv. The level establishef by the Division in accordance with 40 CFR § 122.44(t). b. That any activity bas oa:urred or will occur which would result in any discharge, on anon-routine or infrequent basis, of a toxic pollutaztt which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels': i. Five hundred micro;;rams per liter (500 ug/I); ii. One milligram per liter (1 mg/I) for antimony; and iii. Ten (10) times the maximum concenva[ion value reponed for that pollutant in the permit application.. iv. The level established by the Division in accordance with 40 CFR § 122.44(t). 6. Byoass Notification If the perntittee knows in advance of the need for a bypazs, a notice shall be submitted, at least ten days before the date of the bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed b.y•the Division. Violations of requirements imposed by the Division will constirute a violation of this permit. 7. Upsets a. Effect of an Upset. An upset constirutes an affirmative defense to an action brought for noncompliance with permit effluent limitati~f the requirements of paragraph (b) of this section are me[. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is fatal administrative 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 apse[; and ii. The permitted facility was at [he time being properly operated and maintained; and iii. The permittee submitted proper notice of the upset as required in Part II.A.4. of this permit (24-hour notice); and iv. The permittee complied with any remedial measure necessary to minimize or prevent an}' 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 [o [he demonstration required above, a permittee who wishes to establish [he affirmative defense of upset for a violation of effluent ]imitations based upon water qualiq~ standards shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding the pertnittee seeking to establish the occurrence of an upset has the burden of ~. 8. Discharee Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited.