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A. NOTIFICATION I2EQUIRE}IENTS 5. Other Notifuation Requirements (continued) iii. Ten (10) times the maximum concentration value reported for that pollutant in the pemtit 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 date bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violati~ 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 [o an action brought for noncompliance with permit effluent limitations requirements of paragraph (b) of this section are met. No detemunation made during administrative review of clam noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to jt review. b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affuinative defense of upset shall demonsnate through properly contemporaneous operating logs, or other relevant evidence that: i. An upset occurred and that the pertnittee 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 ILA.3. of this permit (24-hour notice); and iv. The permittee complied with any remedial measure necessary to minimise or prevent any discharge or sludge disposal in violation of this permit, which has a reason able likelihood of adversely affecting human health environment. In addition to the demonstration requved above, a permittee who wishes to establish the affirmative defense of upsc • violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, mode other methods that the relevant siandards were achieved in the receiving water. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through property contemporaneous operating logs, or other relevant evidence that: i. An upset occurred and that the pemuttee 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.4. of this permit (24-hour notice); and iv. The permittee complied with any remedial measure necessary to minirrtize or prevent any discharge or sludge disposal in violation of this permit, which has a reason able likelihood of adversely affecting human health environment. In addition to the demonstration required above, a petanittee who wishes to establish the affirmative defense of ups violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, mod other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding the pemtittee seeking to establish the occurence of an upset has the burden of proof. 8. Dischar¢e Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited.