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PART 11 Page No. to Permit No. COG-650000 A. NOTIFICATION REQUIREMENTS 5. Other Notification Remuiremenu (continued) • The permittee's notification of all anticipated noncompliance does not stay any permit condition. All existing manufacturing, commercial, mining, and silviculttual dischargers rtutst notify the Division as soon az they know or have reason to believe: a. That any activity has occurred o:will occur which would result in the discharge, on a routine or frequent bazis, of any toxic pollutant - which is not limited in the permit, if that dischazge will exceed the highest of the following "notif"ication levels": i. One hundred micrograms per liter (100 ugll); ii. Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4 dinitzophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg(1) for antimony; iii. Five (5) times the n,ax;,n~,.n concentration 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 infrequent 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 tng/I) for antimony; and iii. Ten (10) times the maximum concentration value reported for that pollutant in the permit application. • iv. The level established by the Division in accordance with 40 CFR " 122.44(f). 6. Bvoass 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 of the bypass, to the Division The bypass shall be subject to Division approval and limitations imtposed by the Division. Violations of requirements irrtposed 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 permit effluent limitations if the requirements of paragraph (b) of this section 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 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 occured 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 submtted proper notice of the upset az required in Part Il.A.4. of this permit (24-hour notice); and iv. The pemilttee complied with any remedial measure necessary to,,,;.,;,,,;>e or prevent any discharge or sludge use or disposal in violation of this permit, which has a reason able likelihood of adversely affecting human health or the environment.