Laserfiche WebLink
PART I <br />Page No. 34 <br />Permit No.: CO-0000213 <br />All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Division as soon as they <br />know or have reason to believe: <br />a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of <br />any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following <br />"notification levels": <br />i) One hundred micrograms per liter (I00 ug/1); <br />ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter <br />(500 ug/1) for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mg/1) for <br />antimony; <br />iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application in <br />accordance with Section 61.4(2)(g). <br />iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). <br />b. That any activity has occurred or will occur which would result in any discharge, on anon-routine or infrequent <br />basis, of a toxic pollutant which is not limited in the permit, if that dischazge will exceed the highest of the following <br />"notification levels": <br />i) Five hundred micrograms per liter (500 ug/1); <br />ii) One milligram per liter (1 mg/I) for antimony; and <br />iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. <br />iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). <br />6. Bypass Notification <br />If the pernuttee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of <br />the bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. <br />Violations of requirements imposed by the Division will constitute a violation of this permit. <br />7. Upsets <br />a. Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if <br />the requirements of paragraph (b) of this section are met. No determination made during administrative review of <br />claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action <br />subject to judicial review. <br />b. Conditions Necessarv for a Demonstration of Upset <br />A pemtittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />i) An upset occurred and that the permittee can identify the specific cause(s) of the upset; and <br />ii) The permitted facility was at the time being properly operated and maintained; and <br />iii) The permittee submitted proper notice of the upset as required in Part II.A.4. of this permit (24-hour notice); and <br />Attachment 2.05.3(3)-18-38 <br />