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PARTI <br />Page No. 21 <br />Permit No. COG-500004 <br />i. One hundred micrograms per liter (100 ug/1); <br />ii. Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4 <br />dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; <br />iii. Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Sectioi <br />61.4(2)(8)• <br />iv. The level established by the Division in accordance with 40 CFR' 122.44(f). <br />b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic <br />pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": <br />i. Five hundred micrograms per liter (500 119/1); <br />ii. One milligram per liter (1 mg/l) 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 CFR' 122.44(f). <br />6. Bypass Notification <br />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, t <br />the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations of requirement <br />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 th <br />requirements of paragraph (b) of this section are met. No determination made during administrative review of claims the <br />noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial reviev <br />b. Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneot <br />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 H.A.4. of this permit (24-hour notice); and <br />iv. The permittee complied with any remedial measure necessary to minimize or prevent any discha3ge or sludge use or disposal : <br />violation of this permit, which has a reason able likelihood of adversely affecting human health or the environment. <br />In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for a violatic <br />of effluent limitations based upon water quality standards shall also demonstrate through monitoring, modeling or other methods th <br />the relevant standards were achieved in the receiving water. <br />c. Burden of Proof <br />in any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. <br />8. Discharge Point <br />Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. <br />9. Proaer Oaeration and Maintenance