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PA~T II Page 11 of 18 Permit No: MN 0060259 approve the bypass ~f the Cnmm~ioner find~ ~h~ the conditions set forth in (1) and (2) above are met. The Permittee shall provide the Commissioner such information as the Commissioner requires to make a decision on the bypass. (4) In the case of an unanticipated bypass, the Permittee has notified the Agency within 24 hours of the bypass. The Permittee shall provide in writing the reasons £or an unanticipated bypass. Water 0ualitX Violations. In no event shall a bypass, whether anticipated or unanticipated, be permitted if it results in a violation of applicable water quality standards. Affirmative Bypass Defense. A Permittee who experiences a bypass, either anticipated or unanticipated, may raise as an affirmative defense to an alleged violation of this Permit that the bypass was authorized under PA]IT II,A.1. of this Permit. The Permittee has the burden to establish such affirmative defense by a preponderance of competent evidence. Health Hazards/Nuisance Conditions. If an unanticipated bypass may cause a health hazard or nuisance condition to occur, the Permittee shall notify the Agency immediately by calling the Agency's emergency response number (612) 296-8100. Written Reports. The Permittee shall include Oith its next Discharge Monitoring Report a written report about any bypass that caused an exceedance of permit limits. The report shall contain the following information: (1) A description of the discharge, the approximate volume, and the cause of the bypass. (2) The period of the bypass including exact dstes and times, and, if the bypass is still occurring, the anticipated time the bypass will continue. (3) A description of the steps taken to reduce, eliminate, and prevent recurrence of the bypass. Upset~ An upset is an exceptional incident in which there is unintentional and temporary exceedance of permit limits due to factors beyond the control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.