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PART II <br />Page No. 10 <br />Permit No.: CO-0045161 <br />4. Noncomnliance Notification (continued) <br />i) ~ Circumstances leading to any noncompliance which may endanger health or the environment regardless of the cause of the <br />incident; <br />ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the pemtit; <br />iii) Circumstances leading to any upset oz spill which causes an exceedance of any effluent limitation in the petrnit; <br />iv) Daily maximum violations for any. of the ppollutants limited by Part LA of this permit and specified as requiring 24-hour <br />notification. This includes any toxic pollufant or hazardous substance or any pollutant specifically identified as the method <br />to control any toxic pollutant or hazardous substance. <br />c. The petmittee shall report instances of non-comppliance which are not required to be reported within 24-hours at the time <br />Discharge Monitoring Reports are submitted. The reports shall contain the information listed msub-paragraph (a) of this <br />section. <br />5. Other Notification Roquirements <br />Reports of compliance or noncompliance with or any progress reports on, interim and fmal requirements contained in any <br />compliance schedule m die permit shall be sulimitted no later than fourteen (14) days following each scheduled date, unless <br />otherwise provided by the Divrsion. <br />The ppemiittee shall notify the Division, in wilting, thirty (30) days in advance of a proposed transfer of permit as provided in Part <br />ILB3. <br />The pemiittee's notification of all anticipated noncompliance does not stay any permit condition. <br />All existing manufacturing, commercial, mining, and silvicultural dischazgers must notify the Division as soon as they know or have <br />reason to believe: <br />a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic <br />pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": <br />i) One hundred micrograms per liter (100 ugll); <br />ii) Two hundred micrograms per liter (200 ug/I) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for <br />2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mgA) for antunony; <br />iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with <br />Section 61.4(2)(g). <br />• iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). <br />b. That any activity has occurred or will occur which would result in any dischargge, on anon-routine or infrequent basis of a toxic <br />pollutant which rs not limited in the permit, if that discharge will exceed the inghest of the following "notification levejs": <br />i) Five hundred micrograms per liter (500 ug/1); <br />ii) One milligram per liter (1 mg/1) for antimony; and <br />iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. <br />iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). <br />6. Bypass Notification <br />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 <br />to the Division. The bypass shall be subject to Divrsion appproval and limitations imposed by the Division. Violations oj' <br />requirements imposed by the Division will constitute a violation of this permit. <br />7. Upsets <br />a. Effect of an Unset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if <br />requirements of paragraph (b) of this section are met. No detemm~ation made during adtnrnis6rative review of claims <br />noncompliance was caused 6y upset, and before an action for noncompliance, is final administrative action subject to judi <br />review. <br />b. Conditions Necessary for a Demonstration of Upset <br />A pemvttee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />i) An upset occurred and that the pertnittee can identify the specific cause(s) of the upset; and <br />ii) The pemutted facility was at the time being properly operated and maintained; and <br />• iii) The permittee submitted proper notice of the upset as required in Part II,A.4. of this permit (24-hour notice); and <br />iv) The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use or <br />disposal in violation of this permit, which has a reason able likelihood of adversely affecting human health or the <br />envronment. <br />Revised 124!2005 <br />