PERMFILE126208

• Permit No: C1980007
• IBM Index Class Name: Permit File
• Doc Date: 6/24/2004
• Section_Exhibit Name: Exhibit 07 NPDES Permit
• Media Type: D
• Archive: No

4. Noncompliance Notification (continued)
Pw[tr tt
Page No. 19
Permit No.: CO-0038776
i) Circumstances leading to any noncompliance which may endanger health or the environment regazdless of the cause of the
incident;
ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the pemtit;
iii) Circumstances leading [o any upset or spill which causes an exceedance of any effluent limitation in the permit;
iv) Daily maximum violations for any. of the ppollutants limited by Part LA of this permit and s ecified as requiring 24-hour
notification. This includes any toxtc pollutant or hazazdous substance or any pollutant specifically identified as the method
to control any toxic pollutant or hazardous substance.
c. The permittee shall report instances of noa-compliance which are not required to be reported within 24-hours at the time
Discharge Monitoring Reports aze submitted. The reports shall contain the information listed msub-pazagraph (a) of this
section.
5. Other Notification Requirements
Reports of compliance or noncompliance wi or any progress reports on, interim and frnal requirements contained is any
compliance schedule m the permit shall be su mitted no later than fourteen (14) days following each scheduled date, unless
otherwise provided by the Division.
The ppemvttee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of permit as provided in Part
II,B3.
The pemrittee's notification of all anticipated noncompliance does not stay any pernrit condition.
All existing manufacturing, commercial, mining, and silvicultural dischazgers must notify the Division as soon as they know or have
reason to believe:
a. That any activity has occurred or will occur which would result in the discharge, oa a routine or frequent basis, of any toxic
pollutant which rs not limited in the pemtit, if that discharge will exceed the highest of the following "nohficahon levels":
i) One hundred micrograms per liter (100 ug/1);
ii) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred microgams per liter (500 ug/1) for
2.4-diiiltrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mg/1) for antunony;
iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with
Section 61.4(2)(g).
iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f).
b. That any actvity has occurred or will occur which would result in any dischazgge, on anon-routine or infrequent basis of a toxic
pollutant which is not limited in the permit, if that dischazge will exceed the higlres[ of the following "notification leve~s":
i) Five hundred micrograms per liter (500 ug/1);
ii) One milligram per liter (] mg/1) for antimony; and
iii) Ten (10) times the max;*+mm 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. Bwass Notification
If the permittee 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 by the Division. Violations off'
requirements imposed by the Division will constitute a violation of this pemvt.
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 pazagraph (b) of this section aze met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b, Conditions Necessary for a Demonstration of Upset
A pemtfttee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed
con{emporaneous 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 pemutted 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 pemuttee complied with any remedial measure necessary to m;n;mize or prevent any~ dischazge or sludge use or
disposal in violation of this permit, winch has a reason able likelihood of adversely atlecting human health or the
environment.
Revised M792004