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PA2T II Page No. -14 Permit No. COG-850090 A. NOTIFICATION REQUIREMENTS 5. Other Notification Requirements (continued) • The permittee's notification of all anticipated noncompliance does not stay any pemtit condition. AlI existing manufacturing, commercial, mining, and silvicultural dischazgers must notify the Division as soon as they Imow or have reason to believe: a. That any activity has occurred or will occur which would result in the dischazge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": i. One hundred micrograms per liter (100 ug/1); ii. Two hundred micrograms per liter (200 ug/I) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ugJl) for 2.4- dinittophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; iii. -Five (5) times the rnaximum concenttation value reported for that pollutant in the permit application in accordance with Section 61.4(2)(8). iv. The level established by the Division in accordance with 40 CFR' 122.44(f). b. That any activity has occurred or will occur which would result in any discharge, on anon-routine or iafreijuent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": i. Five hundred micrograms per liter (500 ug/1); ii. One milligram per liter (1 mg/1) for antimony; and iii. Ten (10) times the maximum concentration value reported for that pollutant is the permit application. iv. The level established by the Division in accordance with 40 CFR' 122.44(f). 6. Bwazs Notification • If the permittee lmows in advance of the need for a bypass, a notice shall be submitted, at leazt 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 of 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 to an action brought for noncompliance with pemtit effluent limitations if the requirements of paragraph (b) of this section are rnet. No determination made during adutinisttative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is 5nal administrative action subjectto judicial review. b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous 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 permitted facility was at the time being properly operated and maintained; and • iii. The permittee submitted proper notice of the upset az required in Part II.A.4. of this permit (24-hour notice); and iv. The pennittee complied with any remedial measure necessary to min;m;~e orprevent any discharge or sludge use or disposal it violation of this permit, which has a reason able 1>ielihood of adversely affecting human health or the environment.