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Part II Page 18 of 22 <br />Permit No. COR-040000 <br />A. MANAGEMENT REQUIREMENTS (cont.) <br />3. Noncompliance Notification <br />a. If, for any reason, the permittee does not comply with or will be unable to comply with any discharge limitations, standards <br />or permit requirements specified in this permit, except as addressed in sub-paragraph c. of this section, the permittee shall, <br />at a minimum, provide the Water Quality Control Division and EPA with the following information: <br />1) A description of the discharge and cause of noncompliance; <br />2) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will <br />return to compliance; and <br />3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. <br />b. The permittee shall report the following instances of noncompliance orally within twenty-four (24) hours from the time the <br />permittee becomes aware of the noncompliance, and shall mail to the Division a written report within five (5) days after <br />becoming aware of the noncompliance (unless otherwise specified by the Division): <br />1) Any instance of noncompliance which may endanger health or the environment; <br />2) Any spill or discharge of oil or other substance which may cause pollution of the waters of the state; <br />3) Any discharge of stormwater which may cause an exceedance of a water quality standard. <br />o. The permttee shall report all other instances of non-compliance to the Division in the following Annual or Compliance <br />• Report. 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, or relevant new information becomes available, the permittee shall promptly submit the <br />relevant application information which was not submitted or any additional information needed to correct any erroneous <br />information previously submitted. <br />Bypass <br />The bypass of treatment facilities is generally prohibited. <br />Upsets <br />a. Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and <br />requirements if the requirements of paragraph b. of this section are met. (No determination made during administrative <br />review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final <br />administrative action subject to judicial review.) <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 <br />contemporaneous 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; <br />l2) The permitted facility was at the time being properly operated;