2008-09-19_PERMIT FILE - C1981018A (2)

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PART II Page No. 21 Permit No.: CO-0038024 a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any • toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": i) One hundred micrograms per liter (100 ug/1); ii) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mg/1) for antimony; iii) Five (5) times the maximum concentration value reported for that pollutant in the pernut application in accordance with Section 61.4(2)(8). iv) The level established by the Division in accordance with 40 C.F.R. § 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 mg/1) for antimony; and iii) Ten (10) times the maximum concentration value reported for that pollutant in the pernrit application. iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). 6. Bynass Notification • If the permittee lrnows 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 imposed by the Division. Violations of requirements imposed 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 pemuttee 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 occurred 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 submitted proper notice of the upset as required in Part II.A.4. of this permit (24-hour notice); and iv) The permittee complied with any remedial measure necessary to minimize 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.