FLOOD07396

• County: Statewide
• Basin: Statewide
• Title: State of Colorado General Permit for Stormwater Discharges Associated with Construction Activity
• Date: 3/10/1997
• Prepared By: Department of Public Health and Environment
• Floodplain - Doc Type: Educational/Technical/Reference Information

_I

PART II
Page 13
Permit No. COR-030000

A. MANAGEMENT REQUIREMENTS (cont.I

3) Steps bein." taken to redl'c", eliminate, and ptevent recurrence of the noncomplying discharge.

b) The permittee s.lall tepo~: the fc,Howing instances of noncompliance otallv within twentv-fout (24) houn, from
the time the permittee becom,s aware of the noncompliance, and shall mai: to the Division a wtitten repon
within five (lli~ afret becommg aware of the noncompliance (unless otherwise specified by the Division):

1) Any instance of noncomplialce which may endanget health or the environment;

2) Any spill or discharge of oil or othet substance which may cause pollution of the watets of the state.

c) The permittee shall repon all Ot'lCt instances of non-compliance to the Division within 30 days. The tepons
shall contain the informat.on lisced in sub-paragtaph (a) of this section.

4. Submission of Incorrt'"t or Incom[l!!:"e Information

Where the permittee failed to submit alY relevant facts in a permit application, or submitted incorrect information in
a permit application or repon to the Division, the permittee shall promptly submit the televant application
information which w<t; not submitted (I[ any additional information needed to correct any erroneous information
previously submitted.

5. BVDass

The bypass of treatment facilitiei is gelletally ptohibited.

6. UDsets

a) Effect of an Upset

An upset constitutes an afl1rmative defense to an action brought for noncompliance with permit limitations and
tequirements if t~e tequirements of paragraph b of this section are met. (No determination made duting
administtative teview of c.aim; tlat noncompliance was caused by upset, and befote an action for
noncompliance, IS final administ.ative action subject to judicial review.)

b) Conditions Necessary fOt a Dem:lOsttation of Upset

A permittee who wishes tc, estab: ish the affirmative defense of upset shall demonstrate through properly signed
contempotaneous operating lop, Ot othet relevant evidence that:

1) An upset occurred and th"l :he permittee can identify the specific causers) of the upset;

2) The permitted facility wa:; al the time being properly operated;

3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice);
and

4) The permittee complied witll any temedial measures tequired under Section 122.7(d) of the federal
regulations.

c) Burden of Proof

In any enforcement proceeding tile permittee seeking to establish the occurrence of an upset has the butden of
proof.