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PART It <br />Page 14 <br />Permit No. COG-500000 <br />A. MANAGEMENT REQUIREMENTS <br />3. Noncompliance Notification (continued) <br />5) Daily maximum violations for any toxic pollutants or hazardous substances limited by Part LB of this permit and <br />specified as requiring 24-hour notification. This includes any toxic pollutant or hazardous substance or any pollutant <br />specifically identified as the method to control any toxic pollutant or hazardous substance. <br />C. The permittee shall report all other instances of non-compliance not requiring 24-hour notification at the time Discharge <br />Monitoring Reports are submitted. The reports shall contain the information listed in sub-paragraph a. of this section. <br />4. Submission of Incorrect or Incomplete Information <br />Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit <br />application or report to the Division, the permittee shall promptly submit the relevant application information which was not submitted <br />or any additional information needed to correct any erroneous information previously submitted. <br />5. Bypass <br />The perm ittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but if and only if it is for <br />essential maintenance to assure efficient operation. These bypasses are not subject to the provisions noted in item b. below. Division <br />notification is not required. <br />Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass, unless: <br />a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; <br />b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or <br />maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed <br />adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventative <br />maintenance; and <br />c. The permittee submitted notices as required in "Bypass Notification," Part II.A.6. <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, to <br />the Division and the Environmental Protection Agency (EPA). The bypass shall be subject to Division approval and limitations <br />imposed by the Division and EPA. <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 requirements <br />of paragraph b of this section are met. (No determination made during administrative review of claims that noncompliance was caused <br />by upset, and before an action for noncompliance, is final administrative action subject to judicial review.) <br />b. Conditions Necessary for a Demonstration of Upset <br />A pern ittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous <br />operating logs, or other relevant evidence that: <br />1 } An upset occurred and that the permittee can identify the specific cause(s) of the upset; and <br />2) The permitted facility was at the time being properly operated and maintained; and <br />3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and