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PART I <br />Page No. 33 <br />Permit No.: CO-0000213 <br />b. Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them to <br />become inoperable, or substantial and permanent .loss of natural resources which can reasonably be expected to occur <br />in the absence of a bypass. It does not mean economic loss caused by delays in production. <br />c. Spill: An incident in which flows or solid materials are accidentally or unintentionally allowed to flow or escape so <br />as to be lost from the treatment, processing or manufacturing system which may cause or threaten pollution, of state <br />waters. <br />d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent <br />limitations because of factors beyond the reasonable control of the permittee. An upset does not include <br />noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate <br />treatment facilities, lack of preventative maintenance, or careless or improper operation. <br />4. Noncompliance Notification <br />a. If, for any reason, the permittee does not comply with or will be unable to comply with any discharge limitations or <br />standards specified in this permit, the permittee shall, at a minimum, provide the Division and EPA with the <br />following information: <br />i) A description of the discharge and cause of noncompliance; <br />ii) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will <br />return to compliance; and <br />iii) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. <br />b. The permittee shall report the following circumstances orally within twenty-four (24) hours from the time the <br />permittee becomes aware of the circumstances, and shall mail to the Division a written report containing the <br />information requested in Part II.A.4 (a) within five (5) days after becoming aware of the following circumstances: <br />i) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the <br />cause of the incident; <br />ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit; <br />iii) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the permit; <br />iv) Daily maximum violations for any of the pollutants limited by Part I.A of this permit and specified as requiring <br />24-hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically <br />identified as the method to control any toxic pollutant or hazardous substance. <br />c. The permittee shall report instances of non-compliance which are not required 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 <br />(a) of this section. <br />5. Other Notification Requirements <br />Reports of compliance or noncompliance with, or any progress reports on, interim and fmal requirements contained in <br />any compliance schedule in the permit shall be submitted no Later than fourteen (14) days following each scheduled date, <br />unless otherwise provided by the Division. <br />The permittee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of permit as <br />provided in Part II.B.3. <br />The permittee's notification of all anticipated noncompliance does not stay any permit condition. <br />Attachment 2.05.3(3)-18-37 <br />