2009-03-06_PERMIT FILE - C1981012A (6)

Home Browse Search

PART II Page No. 28 Permit No.: CO-0000906 on a reque any or f ine • a. That any activity has occurred or will occur permit, which h would thatl discharge will exceed he highesttof the fol owing "notification toxic pollutant which is not limited in the the p , levels": i) One hundred micrograms per liter (100 µg/1); micrograms per liter (200 µg/1) for acrolein and acrylonitrilg; fivphundred micrograms " for antimony; ii) µ Two g/1) for 2.4- hundred dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milli ram per liter (1.0 Mg /1) iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 61.4(2)(g). iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). the followingu no tfication b. That any activity has occurred or will occur erhmtt if that discharge willexceed ethe highest non-rout' a toxic pollutant which is not limited in the p , levels": i) Five hundred micrograms per liter (500 µ9/1); 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 permit application. iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f). • 6. Bypass Notification at least ten days befre the ate of the If the permittee knows in advance of the need for a bypass, e shall be and ltitations imposed by the Div sion.dVtolations bypass, to the Division. The bypass shall be subject to Division approval 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 permittee 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.AA. of this permit (24-hour notice); and sludg i iv) The int complied his with any remeial msure necessary to minimize or event any which has a reason able likelihood of adves ely affect ng human health orethee or disposal sal violation of permit environment.