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'art II <br /> Page No. 10 <br /> Permit No.:CO-0044768 <br /> 3. Special Notifications-Definitions <br /> a. Bypass: The intentional diversion of waste streams from any portion of a treatment facility. <br /> b. Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them to <br /> become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in <br /> the absence of a bypass. It does not mean economic loss caused by delays in production. <br /> c. Spill: An incident in which flows or solid materials are accidentally or unintentionally allowed to flow or escape so as to <br /> be lost from the treatment,processing or manufacturing system which may cause or threaten pollution of state waters. <br /> d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent <br /> limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance <br /> to the extent caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of <br /> preventative maintenance,or careless or imp,uper operation. <br /> 4. Noncompliance Notification <br /> a. If,for any reason,the permittee does not comply with or will be unable to comply with any discharge limitations or <br /> standards specified in this permit,the permittee shall,at a minimum,provide the Division and EPA with the following <br /> 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 <br /> will 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 circumstances orally within twenty-four(24)hours from the time the permittee <br /> becomes aware of the circumstances,and shall mail to the Division a written report containing the information requested <br /> in Part II.A.3 (a)within five(5)days after becoming aware of the following circumstances: <br /> (1) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the <br /> cause of the incident; <br /> (2) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit, <br /> (3) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the permit; <br /> (4) Daily maximum violations for any of the pollutants limited by PART I.A of this permit and specified as <br /> 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 instances of non-compliance which are not required to be reported within 24-hours at the time <br /> Discharge 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 final 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 permittee shall notify the Division,in writing,thirty(30)days in advance of a proposed transfer of permit as provided in <br /> Part II.B.3. The permittee's notification of all anticipated noncompliance does not stay any permit condition. <br />