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( <br />(3) <br />6. Bypass Notification <br />7. Upsets <br />a. Effect of an Upset <br />One hundred micrograms per liter (100 ug/1); <br />b. Conditions Necessary for a Demonstration of Upset <br />(1) <br />(2) The permitted facility was at the time being properly operated and maintained; and <br />cart II <br />Page No. 17 <br />Permit No.: CO- 0027529 <br />The 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 <br />or have 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 <br />toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification <br />levels ": <br />(2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter <br />(500 ug/1) for 2.4- dinitrophenol and 2- methyl- 4.6- dinitrophenol; and une milligram per liter (1 mg/1) for <br />antimony; <br />Five (5) times the maximum concentration value reported for that pollutant in the permit application in <br />accordance with Section 6.5.2(7). <br />(4) The level established by the Division in accordance with 40 C.F.R. § 122.44(0. <br />b. That any activity has occurred or will occur which would result in any discharge, on a non - routine or infrequent basis, of <br />a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification <br />levels ": <br />Five hundred micrograms per liter (500 ug/1); <br />One milligram per liter (1 mg/1) for antimony; and <br />Ten (10) times the maximum concentration value reported for that pollutant in the permit application.. <br />The level established by the Division in accordance with 40 C.F.R. § 122.44(0. <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 <br />bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. <br />Violations of requirements imposed by the Division will constitute a violation of this permit. <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 by upset, and before an action for noncompliance, is final administrative action subject to <br />judicial review. <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 />An upset occurred and that the permittee can identify the specific cause(s) of the upset; and <br />