PERMFILE128172

• Permit No: C1981029
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: 2.03.10 IDENTIFICATION OF OTHER LICENSES & PERMITS
• Media Type: D
• Archive: No

PART II
Page 18
Permit No. COG-850000
•
A. HANAGEME.*IT REQUIRE.'SENTS
5. Bwass (continued)
a) Bypass vas unavoidable co prevent loss of life, personal injury,
or severe property damage;
b) There •+e re no feasible alternatives to the hypass, such as the
use of auxiliary creacaenc facilities, retent_on of untreated
wastes, or maintenance during normal periods of equipment
downtime. This condition is not sat'_sfied if the permictee could
have installed acequate backup equipment to prevent a bypass
which occurred during normal periods of equipment downtime or
preventative maintenance; and
c) The permittee submitted notices as required in "Bypass
Notification", tart II.A.6.
6. Byt9S No cification
If the permittee knows in advance of the need for a bypass, a nor_ice
shall be submitted, ac least ten days before the date of tae bypass,
to the Division and the Environmental Protection agency (EPA). The
• bypass shall be subject to Division approval and limitations imposed
by the Civision and EPA.
7. Upsets
a) °F~ect of an Upset
An upset constitutes an affirmative defense to an action brought
for noncompliance with permit effluent limitations if the
requirements of paragraph b of this seccior. are 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 UDS2t
A pernictae who •+ishes to establish the aff_rmati•~e defense of
unsec shall demonstrate :h rough properly signed contemporaneous
operating logs, of ocher relevant evidence chat:
(i) an upset occurred and that the permictae can identi?y tae
specific cause(s) of the unsec; and
(ii) The permitted facility was at the time being ?roperly
. operated; and