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PART II <br />Page No. 20 <br />Permit No.: CO-0038024 <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 in <br />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 as to <br />be lost from the treatment, processing or manufacturing system which may cause or threaten pollution of state 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 pemuttee. An upset does not include noncompliance <br />to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of <br />preventative maintenance, or careless or improper operation. <br />4. Noncomaliance 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 following <br />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 permittee <br />becomes aware of the circumstances, and shall mail to the Division a written report containing the information requested <br />in Part II.A.4 (a) within five (51 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 cause <br />of the incident; <br />ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit; <br />iii) Circurstances 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 24- <br />hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically identified as <br />the method to control any toxic pollutant or hazardous substance. <br />c. The permittee shall report instances ofnon-compliance which are not required to be reported within 24-hours at the time <br />Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub-paragraph (a) of this <br />section. <br />5. Other Notification Requirements <br />Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any <br />compliance schedule in the permit shall be submitted no later than fourteen (14) days following each scheduled date, unless <br />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 provided in <br />Part II.B.3. <br />The permittee's notification of all anticipated noncompliance does not stay any permit condition. <br />• All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Division as soon as they know <br />or have reason to believe: <br />