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_. _t __ _. _-.°--'.PART^ <br />'Page a~ <br />Pcnnit No. CO-0038024 <br />A. MANAGEMENT REQUIlLEMENTS <br />3. Nnn~ml'ance Nntifiratinn (COnttt]ned) <br />(i) Any instance of noncompliance, which may endanger health or the environment regardless of the cause of [he incident; <br />(ii) Any unanticipated bypass; <br />(iii) Any upset or spill which causes an exceedance of any effluent limitation in the permit <br />(iv)Daily maxiumm violations for any toxic pollutants or hazardous substances limited by PART I-A of this permit and <br />specified as requving 24 hour notification <br />c) The peanittee shalt report all other instances of non-compliance, which are not requued to be reported within 24-hours at the <br />time Discharge Monitoring Reports, are submitted. The reports shall contain the information listed in sub-paragraph (a) of <br />this section. <br /> <br />4. Snhmics'nn of Tnenrrect nr InenmrTlete information <br />Where the pemtittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit <br />apphcation or report to [he Division, the pennittee shall promptly submit [he relevant information, which was not submitted, or <br />any additional information needed to correct any erroneous information previously submitted. <br />5. BYPass <br />a) The pemtittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it is also <br />essential maintenance to assure efficient operation. Division notificafion is not required. <br />b) A bypass, which causes effluent limitations to be exceeded, is prohibited, and the Division may take enforcement action <br />against a pemtittee for such a bypass, unless: <br />i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; <br />ii) There were no feasible altematlves to the bypass, such as the use of auxiliary neatment facilities, retention of <br />untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if <br />the pemrittee could have installed adequate backup equipment to prevent a bypass which occurred during normal <br />periods of equipment downtime or preventative maintenance; and <br />iii) The permittee submitted notices as requved in "Bypass Notification," Part ILA.6. <br />6. Bn acc Nntifiratinn <br />If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at leas[ ten days before the date of the <br />bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations of <br />requirements imposed by the Division will constitute a violation of this pemri[. <br />7. i~ncetc <br />a) Effect of an Upset <br />An upset constitutes an affirmative defense to an action' brought for noncompliance with peanit effluent limitations if the <br />requirements of paragraph (b) of [his section aze met. No determination made during adminishative review of claims that <br />noncompliance was caused by upset, and before an acfion for noncompliance, is final adminishative action subject [o judicial <br />review. <br />