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PART tl <br />Page No. 14 <br />Permit No.: ~0-004437? <br />A• NOTIFICATION REQUIREMENTS <br />Noncompliance Notification (continued) <br />i) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the cause of the <br />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 24-hour <br />notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically identified as the method <br />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 time <br />Di arge 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 fnal 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 ppermittee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of permit as provided in Part <br />II.B3. <br />T'he 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 or have <br />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 any toxic <br />pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": <br />i) One hundred micrograms per liter (100 ug/I); <br />ii) Two hundred micrograms per liter (200 ug/I) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/I) fo• <br />2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (I.0 mg/1) for antimony; <br />iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with <br />Section 61.4(2)(8). <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 basis, of a toxic <br />pollutant which is not limited in the permit, ifthat discharge will exceed the highest of the following "notification levels": <br />i) Five hundred micrograms per liter (500 ug/1); <br />ii) Dne milligram per liter (1 mg/1) for antimony; and <br />iii) Ten.(]0) 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 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, <br />to the Division. The bypass, shall be subject to Division approval and limitations imposed by the Division. Violations of <br />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 the <br />requirements of paragraph (b) of this section are met. No determination. made during administrative review of claims that <br />noncompliance was caused. y upset, and before an action for noncompliance, is final administrative action subject to judicial <br />review. <br />b. Conditions Necessary for a Demonstration of Upset <br />A ~perniittee 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 />Revised 10/29/2008 <br />